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2025.04.09 HE Meeting Packet
AGENDA HEARING EXAMINER MEETING City Hall – 525 North Third Avenue Council Chambers WEDNESDAY, APRIL 9, 2025 6:00 PM This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.com/psctvlive. Audio equipment available for the hearing impaired; contact staff for assistance. I. CALL TO ORDER II. PUBLIC HEARINGS. • PP 2025-001 River’s Edge Preliminary Plat Applicant has submitted a Preliminary Plat application (PP2025-001) for a 6-lot subdivision intended for single-family detached dwelling units on approximately 0.92 acres. • Z 2025-002 Sawyer Rezone R-S-1 to R1 Applicant on behalf of Gerald Craig Sawyers submitted a SEPA checklist, SEPA2025-007, and Rezone Application, Z2025-002, to rezone approximately 1.50 acres of land from zoning district R-S-1 Suburban to R-1 Low Density Residential. • Z 2025-003 Stutesman R-S-12 to R-1 Applicant on behalf of Stutesman Development, LLC has submitted a rezone application (Z 2025-003) from R-S-12 (Suburban) to R-1 (Low Density Residential) for two parcels with a combined size of approximately 0.80 acres. • SP 2025-002 New York Hair Academy Applicant has submitted a Special Permit Application (SP 2025-002) to operate a Hair Academy within an existing building that was previously used as a Chiropractor Office. III. ADJOURNMENT REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, April 9, 2025 6:00 PM 1 MASTER FILE #: PP 2025-001 APPLICANT: Albert Marroquin 4221 Riverhaven St Pasco, WA 99301 REQUEST: Preliminary Plat: Subdivision of two parcels to create six lots within the R-1 Low Density Residential District. Timeline: January 13, 2025 Preliminary Plat Application-PP2025-001 and SEPA Environmental Checklist- SEPA2025-005, submitted February 7, 2025 Applications Deemed Complete March 6, 2025 SEPA Mitigated Determination of Non-Significance Issued March 17, 2025 Notice of Public Hearing for PP2025-001 Mailed to Properties Within 300 Feet of Proposed Subdivision March 19, 2025 Notice for Public Hearing for PP2025-001 Published in Tri-City Herald March 28, 2025 Public Hearing Staff Report Published BACKGROUND 1) PROPERTY DESCRIPTION: Abbreviated Legal: Parcel 119670021: SHORT PLAT 2020-13 LOT 3 Parcel 119670022: SHORT PLAT 2020-13 LOT 4 General Location: Located on the west side of Road 64 south of West Court Street. Property Size: Parcel 119670021: 0.47 acres Parcel 119670022: 0.47 acres Total Size: 0.94 acres 2) ACCESS: The properties have access from Road 64. 3) UTILITIES: Municipal water and sewer are available in Road 64. Sewer will be extended to front Parcel #119670021. 2 4) LAND USE AND ZONING: The properties are zoned R-1 (Low Density Residential District) and are currently undeveloped. Surrounding properties are zoned and developed as follows: North: R-S-12/R-1 Suburban/Low Density Residential/Single Family Homes East: R-S-12 Suburban/Single Family Homes South: R-S-12 Suburban/Single Family Homes/Columbia River West: R-S-12 Suburban/Single Family Homes 5) COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates this site as “Low Density Residential.” The Low-Density Residential designation is described as a variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1- A2 zoning district designations. 6) ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist (SEPA2025-005), 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 March 6th, 2025, for this project under WAC 197-11-355. ANALYSIS Request Applicant proposes to subdivide two parcels, each under different ownership, 0.94-acres in size into six individual lots for single family detached dwellings within the R-1 Low Density Residential zoning district. The plat also proposes to use Pasco Municipal Code (PMC) 21.20.060 “Lots without public street frontage” to provide access to four lots via an access easement. Each owner will be granted two lots without public frontage with this proposal for a total of four lots. History The subject properties were annexed into the City in 2002 via Ordinance 3532 and assigned the R-S-12 (Suburban District) through Ordinance 3533. The properties were subsequently rezoned from R-S-12 to R-1 in January of this year via Ordinance 4755 and are currently undeveloped. Lot & Right-of-Way Layout The proposed plat would create six lots total. Lots 1 and 6 as shown on the plat will front Road 64 however lots 2 through 5 will have access off the proposed private road. The proposed lots vary in size from 5,581 square feet to 7,471 square feet meeting the minimum lot size for the R-1 zone. The minimum lot size in the R-1 zoning district is 4,000 square feet for single family detached dwelling units per PMC 25.22.030 (1). The proposed density is six dwelling units per acre (du/ac) which is the maximum density allowed in the Low-Density Residential land use designation. According to PMC 21.20.060(2)(d), no more than three adjoining lots shall be created without public street frontage. Lots 2 through 5 exceeds this limit; however, since this application involves two separate owners, the applicants are seeking concurrence that each owner is entitled to create up to three lots without public frontage as long as density is met. Staff is unclear whether this meets the intent of the provisions of PMC 21.20.060. The private road per PMC 21.20.060 shall have a minimum width of 20 feet and is proposed at 24 feet wide meeting the width requirement. Road 64 within the plat will be required to be constructed to the 3 requirements and standards of the Pasco Municipal Code and Pasco Design and Construction Standards for Public Works Improvements and Municipal Codes. STAFF FINDINGS OF FACT 1) An application for the proposed preliminary plat was submitted on January 13, 2025, and determined to be complete on February 7, 2025. 2) The subject properties are Parcel #s 119670021 and 119670022 in Pasco, WA. 3) The subject properties were rezoned from R-S-12 (Suburban District) to R-1 (Low Density Residential District) in January of 2025. 4) The subject properties Comprehensive Plan designation is Low Density Residential which allows for residential development at a density between 3 and 6 dwelling units per acre. 5) The proposed number of lots equates to 6 dwelling units per acre. 6) Per PMC 21.40.010 short plat purpose is to provide an administrative method of land subdivision allowing the creation of nine or fewer lots. 7) Per PMC 21.40.110 short plat resub division procedure land that is divided through the short plat process into four or more lots may not be re-short platted for a period of five years. Any further land division must occur through the preliminary and final platting process. 8) The subject properties were subdivided through the recorded five-lot short plat on May 26th of 2020. 9) Per RCW 58.17.065, each short plat must be filed with the County Auditor and is not considered approved until recorded. 10) The subject properties are currently undeveloped. 11) The project will involve completing frontage improvements in accordance with City of Pasco Design and Construction Standards and Specifications for Public Works Improvements and Municipal Codes. 12) The sewer main is required to extend north across the entire frontage of the developing properties. 13) Lots noted as 2 through 5 on the plat propose to utilize PMC 21.20.060 “Lots without public street frontage” and provide an access easement to each lot. 14) Water rights shall be either deeded to the City or an in-lieu of fee paid prior to recording of any final plat. 15) Traffic, Park, and School impact fees will be collected for each lot prior to building permits being issued for new residences. 16) A SEPA MDNS was issued on March 6, 2025. 17) Notice of Public Hearing for PP2025-001 Mailed to Properties Within 300 Feet of Proposed Subdivision on March 17, 2025. 18) Notice for Public Hearing for PP2025-001 Published in Tri-City Herald on March 19, 2025. 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 2.2 miles from Wade Park. The proposal will be required to construct the right-of-way to meet the requirements of PMC and the Pasco Design and Construction Standards. 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. Traffic, park, and school impact fees will be collected with each building permit issued for a new dwelling to account for impacts to the transit system, school system, and park land improvements and maintenance. 4 (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed development will contain various types of residential single-family detached dwellings and will match the single-family 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 Low Density Residential. Although the proposal complies with density requirements, it includes a total of four lots without public street frontage. According to PMC 21.25.010, the purpose of a preliminary plat is to provide property owners with a means to divide their land. Since this chapter allows multiple owners to divide their property under a single application, the applicants are requesting that each owner should independently benefit from the provisions of PMC 21.20.060. (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 “Low Density Residential” which allows for the R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zoning designations and allows for a variety of residential housing at a density of 3 to 6 dwelling units per acre. The site’s zoning designation and proposed density of 6 dwelling units per acre conform with the Comprehensive Plan. 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-1 zoning designation allows for a variety of dwelling types, this proposal would have only detached single-family dwellings matching the immediate vicinity. • 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 low density residential infill development in an area that has been historically developed below Comprehensive Plan minimum density requirements. The proposal will still fall within the allowances of the Low Density Residential Comprehensive Plan land use designation and will provide more housing availability and options. • 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 both sites 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 nearby 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 mostly 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 5 type of subdivision action. The proposed subdivision would conform to the general purpose of title 21 with conditions of approval. (6) The public use and interest will be served by approval of the proposed subdivision. 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 the development of this plat. These factors will ensure the public use and interest are served. APPROVAL CONDITIONS 1) The River’s Edge subdivision shall be developed in substantial conformance with the submitted Plat. The subdivision shall contain 6 residential lots unless otherwise specified by the hearing examiner. 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 final 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) All frontage improvements associated with this project are to be made in accordance with City of Pasco Design and Construction Standards and Specifications for Public Works Improvements and Municipal Codes. 5) All stormwater is required to be maintained and treated on site in accordance with Washington State Department of Ecology and City of Pasco Standards. 6) Civil plans submitted for City approval must be designed and stamped by a Washington State Licensed Civil Engineer. 7) Any above ground power fronting the property must be re-routed below ground. 8) The sewer main is required to extend north across the entire frontage of the developing parcels. 9) 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.” 10) 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. 11) Only City and other utilities with franchise agreements are allowed in the public right-of-way. 12) 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. 6 13) 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. 14) Street lighting will be required per City standards. 15) All utilities to be extended to-and-through the property being developed. 16) Lots utilizing PMC 21.20.060 shall comply and meet the requirements of said section. 17) The final plat shall include a comment stating: “Existing regulations regarding sight distance, fence height, and setbacks may affect the placement of fences and driveways on any corner lots.” RECOMMENDATION Staff recommends approval of the River’s Edge Preliminary Plat located at Parcel #s 119670021 and 119670022, Pasco, WA with conditions per above. COLUMBIA RIVER COLUMBIA RIVER W Sylvester St Ivy Ln Castle Holly Ct Ro a d 6 8 Buena Ct W Octave St Road 6 4 Tulip C t W Margaret Ct Hil b e r t L n Road 62 Park Ct S u n fl o w e r C t Roa d 5 9 Ro a d 6 0 Road 7 0 Victoria Ct Mercedes Ct W Marie St Stone Ct W Park Pl Olivia Ct W Henry St W Marie St W Octave St W Marie St W Park St Christopher Ln W Park St R O A D 6 0 W SYLVESTE R S T Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 250 500 750 1,000130 Feet Overview Map SITE Item: River's Edge Preliminary Plat Applicant(s): Albert Marroquin File #: PP2025-001 ± COLUMBIA RIVER COLUMBIA RIVER Roa d 6 2 Buena Ct W Octave S t W Sylvester St W Margaret Ct W Park St R o a d 6 4 Park Ct Olivia Ct Victoria Ct W Park S t C hristopher Ln Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 160 320 480 64080 Feet Vicinity Map SITE Item: River's Edge Preliminary Plat Applicant(s): Albert Marroquin File #: PP2025-001 ± SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs Residential Other Residential Other Undeveloped Undeveloped Undeveloped Undeveloped COLUMBIA RIVER COLUMBIA RIVER Roa d 6 2 Buena Ct W Octave S t W Sylvester St W Margaret Ct W Park St R o a d 6 4 Park Ct Olivia Ct Victoria Ct W Park S t C hristopher Ln Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 160 320 480 64080 Feet Land Use Map SITE Item: River's Edge Preliminary Plat Applicant(s): Albert Marroquin File #: PP2025-001 ± R-S-12, Residential Suburban District R-S-20, Residential Suburban District R-S-12, Residential Suburban District R-S-12, Residential Suburban District R-S-12, Residential Suburban District R-1, Low-Density Residential District COLUMBIA RIVER COLUMBIA RIVER Roa d 6 2 Buena Ct W Octave S t W Sylvester St W Margaret Ct W Park St R o a d 6 4 Park Ct Olivia Ct Victoria Ct W Park S t C hristopher Ln Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 160 320 480 64080 Feet Zoning Map SITE Item: River's Edge Preliminary Plat Applicant(s): Albert Marroquin File #: PP2025-001 ± COLUMBIA RIVER COLUMBIA RIVER Roa d 6 2 Buena Ct W Octave S t W Sylvester St W Margaret Ct W Park St R o a d 6 4 Park Ct Olivia Ct Victoria Ct W Park S t C hristopher Ln Open Space Parks Low Density Residential Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 160 320 480 64080 Feet Comp Plan Map SITE Item: River's Edge Preliminary Plat Applicant(s): Albert Marroquin File #: PP2025-001 ± © RIVER'S EDGE D E R E K C . I N G A L S B E PREL I M I N A R Y FOR R E V I E W SUBDIVISION Guarantee/Certificate Number: Issued By: COMMONWEALTH LAND TITLE INSURANCE COMPANY by its agent: 472529688 Subdivision Guarantee/Certificate Printed: 01.10.25 @ 04:25 PM Page 1 WA-TT-FKCO-02840.470098-SPS-1-25-472529688 COMMONWEALTH LAND TITLE INSURANCE COMPANY, a corporation, herein called the Company, GUARANTEES Elizabeth Duarte Bueno and Harms Engineering Inc. herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1.No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2.The Company’s liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company’s liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Ticor Title Company 8101 W Grandridge Blvd., Suite 110 Kennewick, WA 99336 Commonwealth Land Title Insurance Company By: Countersigned By: Dylan Strait Authorized Officer or Agent Michael J. Nolan, President Attest: Marjorie Nemzura, Secretary Subdivision Guarantee/Certificate Printed: 01.10.25 @ 04:25 PM Page 2 WA-TT-FKCO-02840.470098-SPS-1-25-472529688 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 472529688 ISSUING OFFICE: Title Officer: Adam Dyer Ticor Title Company 8101 W Grandridge Blvd., Suite 110 Kennewick, WA 99336 Phone: 509-579-7037 Fax: 844-894-6828 Main Phone: (509)579-7020 Email: Adam.Dyer@ticortitle.com SCHEDULE A Liability Premium Tax $1,000.00 $350.00 $30.45 Effective Date: January 6, 2025 at 12:00 AM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: For APN/Parcel ID(s):119670021 Lot 3, Short Plat No. 2020-13, according to the survey thereof recorded under Auditor's File No. 1914104, records of Franklin County, Washington. Title to said real property is vested in: Elizabeth Duarte Bueno, a married person as her separate estate subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 472529688 SCHEDULE B Subdivision Guarantee/Certificate Printed: 01.10.25 @ 04:25 PM Page 3 WA-TT-FKCO-02840.470098-SPS-1-25-472529688 SPECIAL EXCEPTIONS 1.Paid general and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year:2024 Tax Account No.:119670021 Levy Code:101 Assessed Value-Land: $199,800.00 Assessed Value-Improvements:$0.00 General and Special Taxes: Billed:$1,600.94 Paid:$1,600.94 Unpaid:$0.00 2.The Land is within the Franklin County Irrigation District but was not assessed this year. 3.It appears that improvements are located on the Land but are not presently assessed. Supplemental taxes may appear on future tax rolls. 4.Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, encroachments, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Short Plat No. 2020-13: Recording No:1914104 5.Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Purpose:Utilities 6.Exceptions and reservations contained in deed whereby the grantor excepts and reserves all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry Grantor:State of Washington Record No:115496 7.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Public Utility District No. 1 of Franklin County Purpose:Construct and maintain an anchor and guy wire Recording Date:September 5, 1951 Recording No.:139617 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 472529688 SCHEDULE B (continued) Subdivision Guarantee/Certificate Printed: 01.10.25 @ 04:25 PM Page 4 WA-TT-FKCO-02840.470098-SPS-1-25-472529688 8.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Pacific Power and Light Company Purpose:Electric transmission and distributing line Recording Date:March 1, 1912 Recording No.:23560 9.The community interest of the spouse or registered domestic partner of the vestee named below. Vestee:Elizabeth Duarte Bueno 10.Note: The Public Records indicate that the address of the improvement located on said Land is as follows: 1002 Road 64 Pasco, WA 99301 11.Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Lot 3, Short Plat No. 2020-13 Tax Account No.: 119670021 END OF SCHEDULE B SUBDIVISION Guarantee/Certificate Number: Issued By: COMMONWEALTH LAND TITLE INSURANCE COMPANY by its agent: 472428828 Subdivision Guarantee/Certificate Printed: 01.08.25 @ 10:47 AM Page 1 WA-TT-FKCO-02840.470098-SPS-1-24-472428828 COMMONWEALTH LAND TITLE INSURANCE COMPANY, a corporation, herein called the Company, GUARANTEES Alberto Marroquin herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1.No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2.The Company’s liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company’s liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Ticor Title Company 8101 W Grandridge Blvd., Suite 110 Kennewick, WA 99336 Commonwealth Land Title Insurance Company By: Countersigned By: Dylan Strait Authorized Officer or Agent Michael J. Nolan, President Attest: Marjorie Nemzura, Secretary Subdivision Guarantee/Certificate Printed: 01.08.25 @ 10:47 AM Page 2 WA-TT-FKCO-02840.470098-SPS-1-24-472428828 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 472428828 ISSUING OFFICE: Title Officer: Adam Dyer Ticor Title Company 8101 W Grandridge Blvd., Suite 110 Kennewick, WA 99336 Phone: 509-579-7037 Fax: 844-894-6828 Main Phone: (509)579-7020 Email: Adam.Dyer@ticortitle.com SCHEDULE A Liability Premium Tax $1,000.00 $350.00 $30.45 Effective Date: December 31, 2024 at 12:00 AM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: For APN/Parcel ID(s):119670022 Lot 4, Short Plat No. 2020-13, according to the Survey thereof recorded under Auditor's File No. 1914104, records of Franklin County, Washington. Title to said real property is vested in: Alberto Marroquin, a married person subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 472428828 SCHEDULE B Subdivision Guarantee/Certificate Printed: 01.08.25 @ 10:47 AM Page 3 WA-TT-FKCO-02840.470098-SPS-1-24-472428828 SPECIAL EXCEPTIONS 1.Paid general and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year:2024 Tax Account No.:119670022 Levy Code:101 Assessed Value-Land: $199,800.00 Assessed Value-Improvements:$0.00 General and Special Taxes: Billed:$1,600.94 Paid:$1,600.94 Unpaid:$0.00 2.The Land is within the Franklin County Irrigation District but was not assessed this year. 3.A possible encroachment of the Fence situated on land adjoining to the South and Weest into or onto said Land, as disclosed by Assessor Site Map. 4.Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, encroachments, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Short Plat 2020-13: Recording No:1914104 5.Exceptions and reservations contained in deed whereby the grantor excepts and reserves all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry Grantor:State of Washington Recording No.:115496 6.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Public Utility District No. 1 of Franklin County Purpose:Construct and maintain an anchor and guy wire Recording Date:September 5, 1951 Recording No.:139617 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 472428828 SCHEDULE B (continued) Subdivision Guarantee/Certificate Printed: 01.08.25 @ 10:47 AM Page 4 WA-TT-FKCO-02840.470098-SPS-1-24-472428828 7.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Pacific Power and Light Company Purpose:Electric transmission and distributing line Recording Date:March 1, 1912 Recording No.:23560 8.Note: The Public Records indicate that the address of the improvement located on said Land is as follows: 910 ROAD 64 Pasco, WA 99301 9.Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Lot 4, Short Plat No. 2020-13 Tax Account No.: 119670022 END OF SCHEDULE B Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. Proposal: Albert Marroquin has submitted a Preliminary Plat application (PP2025-001) for a 6-lot subdivision intended for single-family detached dwelling units on approximately 0.92 acres. The proposed subdivision is located on Parcel #119670022 and Parcel #119670021, off Road 64, south of West Court 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 April 9, 2025, to be included in the Hearing Examiner packet. If you have questions on the proposal, contact the Planning Division at (509) 544-4146 or via e-mail to: barragani@pasco-wa.gov. Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6:00 p.m. on April 9, 2025, 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/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Preliminary Plat within ten (10) working days of the public hearing. Prepared March 14, 2025, by: Ivan Barragan, Planner II, PO Box 293 Pasco, WA 99301 The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Affidavit of Mailing In regards to MF# PP2025 -001 I, Carmen Patrick , hereby confirm that notification was sent by mail March 177 , 2025 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 17 th day, March of 2025 . t~~,cl2i Representative's Signature \ME ADDRESS CITY STATE ZIP .BERTO VEJAR MARROQUIN 701 N OREGON AVE PASCO WA 99301 LEGACY CONSTRUCTION INC 1018 ROAD 64 PASCO WA 99301 :LIX C & LORETTA T VARGAS (JR 900 N ROAD 64 PASCO WA 99301 .IZABETH DUARTE BUENO 1002 ROAD 64 PASCO WA 99301 .BERTO MARROQUIN 4221 RIVERHAVEN ST PASCO WA 99301 1SON & CARLY MATTOX 1006 CHRISTOPHER LN PASCO WA 99301 ~ANDON FERGUSON (ETUX) 850 MYERS RD WALLA WALLA WA 99362 >ELM & KATHRYN J FREEPONS 6513 W PARK ST PASCO WA 99301 -IRISTOPHER P MORRIS (ETUX) 6510 W PARK ST PASCO WA 99301 ::HALD & RHONDA KINZIG 7701 W 4TH AVE APT 8108 KENNEWICK WA 99336 !\ YLE C WALSH 905 CHRISTOPHER LN PASCO WA 99301 \ME RON LEE & JULIE MOYER MACI 909 CHRISTOPHER LN PASCO WA 99301 )RIL R CARON-ROSE (ETVIR) 913 CHRISTOPHER LN PASCO WA 99301 )ELBERT E & JOYCE M (SR) AVER 1003 CHRISTOPHER LN PASCO WA 99301 'NNE E HARRISON (ET AL) 1007 CHRISTOPHER LN PASCO WA 99301 1MES F & JEANNE L COZAD 1011 CHRISTOPHER LN PASCO WA 99301 JSTIN TAYLOR 1013 N ROAD 64 PASCO WA 99301 CTOR & CHRISTINA ANN GOMEZ 909 N ROAD 64 PASCO WA 99301 \RMELO & ELENA DELEON 1017 N ROAD 64 PASCO WA 99301 IGUEL & AMELIA RANGEL 803 ROAD 64 PASCO WA 99301 \UL W & JOAN G MARTIN 809 N ROAD 64 PASCO WA 99301 jtyu/ sco Community Development Departm er1t PO Box 293, 525 N 3 "Ave , Pasrn , 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 Ila me al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. Proposal: Albert Marroquin has submitted a Preliminary Plat application (PP2025-001) for a 6-lot subdivision intended for single-family detached dwelling units on approximately 0 .92 acres. The proposed subdivision is located on Parcel #119670022 and Parcel #119670021, off Road 64, south of West Court 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 April 9, 2025, to be included in the Hearing Examiner packet. If you have questions on the proposal, contact the Planning Division at (509) 544-4146 or via e-mail to : barragani@pasco -wa .gov . Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6:00 p.m. on April 9, 2025, 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 th is 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/publ i ccomment 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) working days of the public hearing. Prepared March 14. 2025. by: Ivan Barragan, Planner II, PO Box 293 Pasco, WA 99301 The City of Pasco welcomes full part icipation in public meetings by all citizens . No qualified individual with a disab il ity shall be excluded or denied the benefit of participating in such meetings . 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It • -..UT, 1£• 1£ •1£ T [ EI •ll U 11UT, t • CC T L -1 l £ IT • C • 111 1H Tt-E "i EU '•,IIM 4 "Y 'L ~T '~f .\·,~· ~/4 t F .--;f :: ✓--7, 7 :)_r,.-.,.. J? /:JE . w·.v . ~--•:•y :_,;,.. ;;A -::_;~;:J _~;~•~ ~-i .i.(,• :.'·,' ~:o;_,:.~~-;·r_ t'/t. s ;...·;·VG-:Z.)·\; .. •.--.. ~·. J ; ::i~l:~::g ~-r~ ·-~··•..,,.,,.,, '-.'l :::INIT / SKETCH , T T• J.ll ~ l~•I L 1 ·-·-(£' -·-· b-'L. l ~ w • T.Ltt -·I • _,. :~;.c.,~~~:-.... _r. ·•·,i~. f.,.'}!:.~1! ,. ........ e ., ')r..,, '' ;,;.:-:, !,.i.a~!.,i:': :,. .. .... ~ e'1·.r·i :,~l . .,. . ..,., .. '-"l!"T.,•'"'E'"rt" "'ft .-~·- Flo!B.J i,,(N.,t.1-:V '-"L<IT F :~ 'l/..L:'i-?G()~:•.\• ·"' • b }-1 ~ Published on: 03/19/25 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Cols Depth 14026 645330 Print Legal Ad-IPL02228980 - IPL0222898 2 37 L Debra BarhamAttention: CITY OF PASCO/LEGALS PO BOX 293 PASCO, WA 99301 barhamd@pasco-wa.gov, 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 03/19/2025, and ending on 03/19/2025 and that said newspaper was regularly distributed to its subscribers during all of this period. 1 insertion(s) published on: 03/19/25 (Signature of Legals Clerk) Sworn to and subscribed before me this 24th day of March in the year of 2025 Notary Public in and for the state of South Carolina, residing in Beaufort County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! THANK YOU for your legal submission! Your legal has been submitted for publication. Below is a con rmation of your legal placement. You will also receive an email con rmation. ORDER DETAILS Order Number: IPL0216965 Order Status: Submitted Classi cation: Legals & Public Notices Package: TRI - Legal Ads Site: tricity Final Cost: $457.76 Referral Code: SEPA 2025-005 NOA Payment Type: Account Billed User ID: IPL0018633 ACCOUNT INFORMATION Debra Barham 525 North Third Ave. Pasco, WA 99301 509-544-3096 cityclerk@pasco-wa.gov City of Pasco TRANSACTION REPORT Date February 10, 2025 12:29:45 PM EST Amount: $457.76 SCHEDULE FOR AD NUMBER IPL02169650 February 12, 2025 Tri-City Herald Print Publication PREVIEW FOR AD NUMBER IPL02169650 3.22inches x 7.71inches 2/10/25, 9:30 AM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=206061&returnto=1/2 << Click here to print a printer friendly version >> 2/10/25, 9:30 AM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=206061&returnto=2/2 Published on: 03/19/25 From:Ivan Barragan To:MacNaughton, James (DAHP) Cc:Corrine Camuso; Pat Baird; robert.sloma@colvilletribes.com; "Ashley M. Morton" Subject:RE: 2025-03-01916 - RE: SP2025-004/SEPA2025-009 Solstice Amenity - City of Pasco Date:Thursday, March 27, 2025 11:44:00 AM Attachments:SEPA2018-013 MDNS.pdf image001.png image003.png image004.png image005.png SEPA2018-013 Checklist.pdf Good morning, Given this site was recently heavily disturbed with the mass grading for the subdivision and the only reason a SEPA was triggered was due to our low thresholds… Are we sure we want to ask for an archaeological survey on a site that is surrounded by single family dwelling units and City infrastructure? Please see determination attached and SEPA checklist submitted from 2018 for your use. If we pursue this with this request, I foresee a potential appeal. Respectfully, Ivan Barragan | Planner II | (509) 544-4146 | 525 N. 3rd Avenue | Pasco, WA 99301 | barragani@pasco-wa.gov Notice of Public Disclosure: This e-mail and any response may be public record under Washington State law and subject to inspection and copying by the public upon request. Accordingly, there can be no expectation of privacy. From: MacNaughton, James (DAHP) <james.macnaughton@dahp.wa.gov> Sent: Tuesday, March 25, 2025 1:15 PM To: Ivan Barragan <barragani@pasco-wa.gov> Cc: Corrine Camuso <Corrine_Camuso@Yakama.com>; Pat Baird <keithb@nezperce.org>; robert.sloma@colvilletribes.com; 'Ashley M. Morton' <AshleyMorton@ctuir.org> Subject: 2025-03-01916 - RE: SP2025-004/SEPA2025-009 Solstice Amenity - City of Pasco [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Good Afternoon Ivan Thank you for contacting the DAHP about this project. Please see the attached letter from the DAHP recommending an archaeological survey with testing of the project area prior to ground disturbing activities. It is important to note that archaeological sites, features and artifacts are protected by Washington State Law RCW 27.53, whether they have been disturbed or not. I have assigned Project Tracking # 2025-03-01916 to your project. Please include this number with all correspondence James MacNaughton, MSc, RPA (He/Him) Local Government Archaeologist Email: James.MacNaughton@dahp.wa.gov Mobile: (360) 280-7563 | Main Office: (360) 586-3065 Hours: 7AM – 3:30PM Monday to Friday Physical Address: 1110 Capitol Way South Suite 30, Olympia, WA 98501 Mailing Address: PO Box 48343, Olympia, WA 98504-8343 www.dahp.wa.gov about the project. Feel free to contact me if you have questions about these recommendations. All Best James From: Ivan Barragan <barragani@pasco- wa.gov> Sent: Tuesday, March 11, 2025 3:17 PM Subject: SP2025-004/SEPA2025-009 Solstice Amenity - City of Pasco External Email All, Please find attached the Special Permit (SP2025-004) and SEPA Checklist (SEPA2025-009) applications for the proposed Solstice Amenity project. The proposal includes the construction of a facility featuring an outdoor swimming pool, an exercise room, a community room, and covered outdoor gathering spaces. The interior covered floor area is planned to be 5,596 square feet, with a total covered area, including outdoor gathering spaces, of 6,380 square feet. The project is located on Tract D of Solstice Phase 1, at 6102 Road 119 (Parcel #126160356) in Pasco, WA 99301, and is subject to the regulations outlined in the Pasco Municipal Code. The site was recently disturbed during the construction of Solstice Phase 1, with ground-disturbing activities covered under SEPA2018-013. However, as the Solstice Amenity project was not covered under said SEPA, a separate review is required. Written comments must be submitted to the Community Development Department no later than 5:00 PM on March 31, 2025. If you have any questions regarding the proposal or the associated documents, please feel free to contact me at 509-544-4146 or via email at barragani@pasco- wa.gov. Thank you, Ivan Barragan Planner II O: 509-544-4146 barragani@pasco-wa.gov | www.pasco-wa.gov City Hall, 525 N. 3rd Avenue, Pasco, WA 99301 This e-mail and any response to this e-mail may be a public record under Washington State Law and subject to inspection and copying by the public upon request. Accordingly, there can be no expectation of privacy. Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 M E M O R A N D U M DATE: March 6, 2025 TO: Albert Marroquin FROM: Ivan Barragan, Planner II SUBJECT: River’s Edge Preliminary Plat Review (PP2025-001) The following notes and requirements have been submitted by City staff regarding this project. Applicant: City staff have provided comments on your proposal. These comments are intended to identify inconsistencies with adopted codes, plans, and policies or to raise any concerns and questions related to the proposal. This memorandum may require the submission of a revised preliminary plat, followed by a second round of comments from City staff. Comments: Planning Division: 1) What is the proposed use for each lot? Per PMC 21.25.040 (2) (c) (v). SFDU Detached, attached, etc.? 2) Per PMC 21.20.060(d), no more than three adjoining lots may be created without public street frontage. The proposed plat exceeds this limit. While there are options to achieve code compliance, this issue will be presented to the Hearing Examiner as a variance during the preliminary plat public hearing. 3) Per PMC 21.20.060 (2): (g) Parking: No parking is permitted along the access (shared driveway) portion of the lot. No parking signage shall be required as a condition of approval. (j) Signage: Address signage must be posted on the public street side for all properties adjacent to a private shared driveway or access. Signage must comply with PMC Title 17 and all addresses shall be displayed on the same pedestal unless otherwise authorized. (n) Maintenance Agreement: The shared driveway/access must be maintained by either a homeowners' association or the adjoining property owners. A maintenance agreement must be recorded prior to final plat approval and must include provisions for snow removal, garbage pickup, and any other necessary requirements as determined by the City. (o) Shared Driveway Requirements: The shared driveway/access must have a minimum paved width of 20 feet. 4) The shared driveway and required signage must be constructed prior to final plat signature. 5) No ground disturbance is permitted until all required mitigations for SEPA2025-005 have been addressed and permits have been issued. The determination for this SEPA is currently pending. Franklin County Irrigation District: 1) This area is Franklin County Irrigation District boundaries and is accessed by us but I didn’t see our name on the utilities list. REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Remote WEDNESDAY, 09 April 2025 6:00 PM 1 MASTER FILE #: Z 2025-002 APPLICANT: Scot Hanson 7015 Alderman Rd. Pasco, WA 99301 REQUEST: REZONE: 1925 Road 40 (Parcel 119132073) Rezone from R-S-1 (Suburban) to R-1 (Low-Density Residential) TIMELINE 22 January 2025 Application Submitted 06 March 2025 Application Deemed Complete 10 March 2025 Notice of Application with Optional SEPA Determination of Non-Significance (NOA/ODNS) dated March 12, 2025 was posted on the City of Pasco and mailed to properties within 300 feet of subject property. 12 March 2025 NOA/ODNS posted on-site on subject property, published in Tri-City Herald Newspaper, and posted on SEPA Register website. 20 March 2025 Public Comment received from Colville Confederated Tribes (CCT) 25 March 2025 Public Comment received from Department of Ecology 26 March 2025 Notice of Public Hearing for Z2025-002 scheduled for April 09, 2025, was posted on the City of Pasco website, published in the Tri-City Herald Newspaper, and mailed to properties within 300 feet of proposed rezone. 27 March 2025 Public Comment received from Franklin County Public Works 27 March 2025 SEPA Mitigated Determination of Non-Significance issued for SEPA2025-007 posted on SEPA register. 28 March 2025 SEPA Mitigated Determination of Non-Significance for SEPA2025-007 distributed to Parties of Record. 02 April 2025 Public Hearing Staff Report Published 2 BACKGROUND 1. PROPERTY DESCRIPTION: Legal: S 1 1/2 ACRES OF N 3 ACRES OF W2SW4NE4SE4 23-9-29 General Location: 1925 Road 40; eastern side of Road 40 approximately 276 feet from the intersection of W Pearl Street and Road 40. Property Size: Approximately 1.50 acres (approximately 65,334 sq. ft.). ACCESS: 1925 Road 40 (Parcel 119132073) has access via Road 40. 2. UTILITIES: Municipal water and sewer are available from both Road 40 and 39. 3. LAND USE AND ZONING: The site is zoned R-S12 (Suburban) and is currently vacant land. Single- family home and accessory structures were noted as demolished on or around February 20, 2025 (B24-2800). Surrounding properties are zoned and developed as follows: NORTH: R-1 LOW DENSITY RESIDENTIAL EAST: RS-20 COUNTY, SUBURBAN SOUTH: RS-12 SUBURBAN WEST: RS-12 SUBURBAN 4. Comprehensive Plan: The City of Pasco Comprehensive Plan designates this site as “Low Density Residential.” The Low-Density Residential designation is described as a variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned RS-20, RS-12, RS-1, R- 1, R-1-A, and R-1-A2 designations. Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC. Housing Goal H-1 requires the City to encourage housing for all economic segments of the city’s population consistent with the local and regional market; Housing Policy H-1-A further details that the City should allow for a full range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments etc. 5. 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 issued on 27 March 2025, under WAC 197-11-355. The mitigation is for the applicant to notify the Colville Confederated Tribes (CCT) prior to ground disturbance activity associated with the short plat. This is based on comments received by CCT on March 20, 2025. ANALYSIS Request Applicant Scot Hanson wishes to rezone Parcel 119132073, located on the eastern side of Road 40 approximately 276 feet from the intersection of West Pearl Street and Road 40 in Pasco, WA 99301 from R-S-1 (Suburban) to R-1 (Low-Density Residential). The site comprises approximately 1.50 acres (approximately 65,334 square feet). 3 The underlying Land Use Code is “Low Density Residential,” which specifies 3 to 6 dwelling units per acre. Applicant is seeking to change the zoning in order to short plat the property in the near future. History The site was annexed into the City via Ordinance 3675 and subsequently assigned the RS-12 (Residential Suburban) zoning designation via Ordinance 3976. The current zoning designation of R-S-1 was assigned via Ordinance 4517. A single-family dwelling and accessory structure were constructed in or around 1970, before the property was annexed. Those structures were recently demolished on or around February 20, 2025 (B24-2800). 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 R-S-1 zoning in 2021 via Ordinance 4517. 2. The changed conditions, which are alleged to warrant other or additional zoning: A change in zoning from R-S-1 to R-1 would allow for residential development to be at the maximum density allowed for the Low-Density Residential designation. Current zoning designation of R-S-1 does not allow for lot division at the maximum density allowed. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The Low-Density Residential designation allows for RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning; development with a higher density of dwelling units per acre will help reduce urban sprawl and increase home ownership. Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC The rezone application and proposal are consistent with the Council-approved amendments to the Pasco Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. From a public health perspective, future residential development of the site could encourage walking to and from school with development of the site could encourage walking to and from school with development of proper sidewalk infrastructure. Mark Twain Elementary school is approximately .06 miles from the site. In terms of public safety, the site is located within .66 miles from Pasco Fire Station #84 along West Court Street, well within the established response-time zone. Safety of the future residential community will also be provided for through the implementation of the civil, building and fire codes which mandate adequate access, fire hydrants, and similar fire and life safety requirements for all new development. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 4 A change in zoning would be consistent with the comprehensive plan Land Use Map Low Density Residential designation for the site. Per Applicant, the new houses and associated improvements to the adjacent streets will be similar to the surrounding development and will have a positive impact to the value or character of the adjacent property. 5. The effect on the property owner or owners if the request is not granted: Per Applicant, property could not be able to be subdivided at the maximum density allowed under Low- Density Residential Comprehensive Plan Land Use Designation. 6. The Comprehensive Plan land use designation for the property: The Land Use Element of the Comprehensive Plan designates the lot “Low-Density Residential;” the proposed zoning district is compatible with the Comprehensive Plan Land Use designation; the Low-Density Residential designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones. The proposed rezone application would implement or be consistent with the following comp plan policies: 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. A rezone of this property would provide for future neighborhood low density residential land uses on a site that is adjacent to two local roads (Road 40 and 39), in a location where existing utility services are available to serve future development. Additionally, the property is located within .31 miles from West Court Street which is a principal arterial. The proposed rezone is consistent with the intent of this policy. LU-2-B Policy: 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. As the demand for residential land use increases, additional residential land and higher residential densities provide greater flexibility for the City and landowners to meet the rising demand for new housing units. The proximity of this property to West Court Street, a principal arterial street makes this site particularly well suited for future R-1 residential infill development. LU-4-B Policy: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. The site’s proximity to West Court Street, a principal arterial street makes R-1 low density residential development of the site consistent with this land use policy. LU-4-D Policy: Designate areas for higher density residential developments where utilities and transportation facilities enable efficient use of capital resources. R-1 residential development on the site would fulfill this comprehensive plan policy of placing higher density development in areas where transportation and utility infrastructure is present, as the site is adjacent to two local streets (Road 40 and Road 39); a 8” sewer main and a 8” water main are located immediately adjacent to the site on both Road 40 and Road 39. LU-5-A Policy: Allow a variety of residential densities throughout the UGA. Per PMC 25.45.020 Permitted uses, all housing types permitted in PMC 25.22.020, Zone District Standards, are permitted in this zone. Per PMC 25.22.020 Permitted housing types, the following residential housing types are permitted within the applicable zones, under the provisions of these Zone District Standards: 5 (1) Single-family dwelling unit detached (SFDU – Detached). (2) Single-family dwelling unit attached (SFDU – Attached). (3) Duplexes and triplexes. (4) Multifamily attached (including apartments, stacked flats, condos). (5) Multifamily detached (including cottage housing). (6) New factory assembled homes. An R-1 low density residential development of the site would help to implement this land use policy, while helping to satisfy the rising demand for housing that is currently felt both locally and regionally. H-1-A Policy: 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. Per PMC 25.45.020 Permitted uses, all housing types permitted in PMC 25.22.020, Zone District Standards, are permitted in this zone. 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. Rezone application Z2025-002 to rezone S 1 1/2 ACRES OF N 3 ACRES OF W2SW4NE4SE4 23-9- 29 (Parcel 119132073) was submitted on January 22, 2025. 2. The application was determined to be complete on March 06, 2025. 3. Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on March 26, 2025. 4. Applicant wishes to rezone 1925 Road 40 (Parcel 119132073) from R-S-1 (Suburban) to R-1 (Low- Density Residential). 5. The sites comprise approximately 1.50 acres (approximately 65,334 square feet). 6. The underlying Land Use code specifies 3 to 6 dwelling units per acre. 7. Site was annexed into the City via Ordinance 3675 in 2004 8. The site was originally zoned RS-12 (Suburban) via Ordinance 3676. 9. The site was assigned R-S-1 zoning in 2021 via Ordinance 4517. 10. On January 24, 2022 Council approved Ordinance 4575, amending the Zoning code, including Pasco Municipal Code (PMC) 25.45 relating to the R-1 zoning district. 11. The approved ordinance changed the purpose of the R-1 zone found in PMC 25.45.010, as follows: PMC 25.45.020 added zero-lot line dwellings, multiple dwellings, duplexes, triplexes, and courtyard apartments to the mix of allowed uses in the R-1 zoning district. 12. A rezone from R-S-1 (Suburban) to R-1 (Low-Density Residential) would allow R-1 density Residential development to occur along and/or near two local streets. 13. The rezone application and proposal are consistent with the Council-approved Comprehensive Plan. 6 14. Mark Twain Elementary located approximately .06 miles from the site. 15. The site is located approximately .66 miles from Pasco Fire Station #84 on West Court Street. 16. The civil, building and fire codes mandate adequate access, fire hydrants, and similar fire and life safety requirements for all new development. 17. The site is adjacent existing single-family development. 18. Per PMC 25.215.015, the Low-Density Residential designation allows R-S-20, R-S-12, R-S-1, R-1, R- 1-A, and R-1-A2 zones. 19. Current zoning of the site is R-S-1, which requires a 10,000-foot minimum lot size. 20. The City’s 2018-2038 Comprehensive Plan Land Use Map designates the site as “Low Density Residential”. 21. The “Low Density Residential” designation may be developed with a variety of residential housing including single family dwellings, zero lot line dwellings, multiple dwellings, duplexes, triplexes, and courtyard apartments. 22. 1925 Road 40 (Parcel 119132073) originally had a single-family home and accessory structure located on the property. Those structures were demolished on or around February 20, 2025 (B24- 2800). TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The Land Use Element of the Comprehensive Plan designates the lot “Low-Density Residential District.” The proposed R-1 zoning district would be in alignment with the Land Use map within the City’s Comprehensive Plan. Future potential development could additionally foster or help to implement the following policies from the Comprehensive Plan: 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. LU-2-B Policy: 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. LU-4-B Policy: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. LU-4-D Policy: Designate areas for higher density residential developments where utilities and transportation facilities enable efficient use of capital resources. LU-5-A Policy: Allow a variety of residential densities throughout the UGA. LU-5-B Policy: Encourage higher residential densities within and adjacent to major travel corridors, Downtown (Central Business District), and Broadmoor. 6-A Policy: Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability. 7 H-1-A Policy: 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. H-1-B Policy: Higher intensity housing should be located near arterials and neighborhood or community shopping facilities and employment areas. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The Comprehensive Plan designates the property “Low-Density Residential.” As such, the site may be zoned RS-20, RS-12, RS-1, R-1, or R-1-A. The site is adjacent existing single-family development and vacant land. A change in zoning would be consistent with the comprehensive plan. According to PMC 25.215.015, the Low-Density Residential designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones. Further, the effect of the proposal on immediate vicinity will likely not be materially detrimental because Low-Density development has been established by City Council as an appropriate and beneficial use of the site, as set forth in the City’s approved Comprehensive Plan. The rezone application is consistent with and meets the intent of the goals and policies of the Comprehensive Plan. 3. There is merit and value in the proposal for the community as a whole. There is merit in increasing housing opportunities available in those areas currently served by municipal utilities. The City revised its Urban Growth Area (UGA) as part of the Comprehensive Plan Update. The UGA updated UGA is smaller than current projections for low-density residential growth as developed in the past would allow; as such, more residential lots are needed within the current UGA. The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council. The proposal includes infill development and promotes the goals of the Low Density Residential Land Use Map Designation. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions 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. If or when applicants pursue the development of this property, they will be required to conform to design standards established by the PMC. No Concomitant Agreement is considered necessary for this application. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions herein, that 1925 Road 40 (Parcel 119132073) S 1 1/2 ACRES OF N 3 ACRES OF W2SW4NE4SE4 23-9-29 in Pasco WA., be rezoned from R-S- 1 (Suburban) to R-1 (Low-Density Residential). S S MB M IR 6,258.60 LOT 1 (0.14 AC) 6,518.92 LOT 2 (0.15 AC) 6,467.66 LOT 3 (0.15 AC) 8,085.00 LOT 4 (0.19 AC) 6,161.97 LOT 6 (0.14 AC) 7,804.93 LOT 5 (0.18 AC) 6,161.97 LOT 7 (0.14 AC) 7,417.07 LOT 8 (0.17 AC) N89°25'34"E 302.45' R O A D 3 9 R O A D 4 0 30' ROW AF# 485797 95.49' 6 5 . 0 2 ' 97.08' 6 5 . 0 0 ' 6 6 . 6 1 ' 98.71' 3 3 . 5 9 ' 3 3 . 0 0 ' 6 5 . 0 2 ' 100.30' 6 5 . 0 0 ' 82.50' 62.50' 9 8 . 0 0 ' 62.50' 9 8 . 5 9 ' 15 . 5 1 ' 1 8 . 2 7 ' 94.45' 42.50' 35.62' 57 . 9 4 ' 62.50' 9 8 . 5 9 ' 51 . 9 5 ' 7 . 4 6 ' 76.97' 7 8 . 6 1 ' 10' UTILITY EASEMENT 20' UTILITY EASEMENT 1 0 ' U T I L I T Y E A S E M E N T 20 ' A C C E S S A N D UT I L I T Y E A S E M E N T 20' UTILITY EASEMENT 10 ' P E D E S T R I A N AC C E S S E A S E M E N T DEDICATED R O W AFN 198133 2 END OF SHARED DRIVEWAY (LESS THAN 150 FT) END OF SHARED DRIVEWAY (LESS THAN 150 FT) 20'20' UTILITY EASEMENT ONLY. SHARED DRIVEWAYS WOULDN'T CONNECT. N O R T H N O R T H PLAN SCALE 02010 20 F i l e P a t h : P : \ 2 0 2 4 \ 2 4 - 1 3 9 . 1 S A W Y E R R O A D 4 0 S H O R T P L A T \ D W G S \ 2 4 - 1 3 9 S A W Y E R S R O A D 4 0 S P L A Y O U T B . D W G P l o t t e d : J a n u a r y 9 , 2 0 2 5 , 8 : 3 3 : 0 1 A M LAYOUT B SCALE: 1"=20' File Path:P:\2024\24-139.1 SAWYER ROAD 40 SHORT PLAT\DWGS Plotted:January 9, 2025, 8:33:02 AM File Name:24-139 Sawyers Road 40 SP LAYOUT B CED (01/31/2025): SEPA checklist CED (01/31/2025): According to WISAARD, part of the property is categorized by the predictive model as being "Very High Risk" while other part is categorized asbeing "High Risk" of archaeological materials. CED (01/31/2025): Any inadvertant discovery must be reported to the Yakama Nation, Confederated Tribes of the Umatilla Indian Reservation, Colville ConfederatedTribes, and the Nez Perce. 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 DETERMINATION OF COMPLETENESS This notice is required by RCW 36.70B.070 FILE #s: Z2025-002/SEPA2025-007 TYPE OF APPLICATION: Rezone/SEPA Environmental Checklist APPLICANT: Scot Hanson 7015 Alderman Rd. Pasco, WA 99301 PROJECT NAME: Sawyer R-S-1 to R-1 It has been determined that your application for a rezone and accompanying SEPA Environmental Checklist is complete for processing by the City of Pasco. These materials will be dispersed to City departments and affected agencies for review and comment. Though the application is sufficient for continued processing, additional information may be required, or project modifications may occur. Issuance of this notice shall not preclude the City of Pasco from requesting additional information or studies if new or additional information is required or a change in the proposal occurs. A final decision on this application has not been made. The SEPA Threshold Determination is an administrative decision by the City’s SEPA Administrator. A public hearing will be held by the City of Pasco hearing examiner after which a recommendation will be made to the Pasco City Council. The City Council will make a final decision regarding this rezone application. Date Issued: 03/06/2024____________ Staff Contact: Aaron Gunderson Planner II, Community and Economic Development 509.905.2604/gundersona@pasco-wa.gov Memo To: Aaron Gunderson, City of Pasco Planner II From: John Christensen cc: Craig Erdman, Director / County Engineer Date: March 25, 2025 Re: Z 2025-002 Sawyer Zone Change – City of Pasco Aaron, Franklin County Public Works has reviewed the application to rezone approximately 1.50 acres of land from zoning district R-S-1 Suburban to R-1 Low Density Residential within the city limits and adjacent to Road 40. The subject property is adjacent to R-1 zoned property to the north. The property currently has a house and accessory structures. It is noted that proposed plans, after zone change, are to demolish structures and short plat the property into 7 lots. The project is located at 1925 Road 40 (Parcel 119132073) Pasco, WA 99301. Public Works comments follow: Comments Any new lots that may be created, as a result of this proposed Zone Change, that will require access to a county road shall be subject to the County Road Approach Policy (Resolution No. 2014-123). Requirements include required permits, approach construction, minimum design standards, etc. As noted in the SEPA checklist, improvements will need to be made along Road 40. Upon development, it will need to be brought up to current standards. Public Works Department STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Eastern Region Office 4601 North Monroe St., Spokane, WA 99205-1295 • 509-329-3400 March 25, 2025 Aaron Gunderson City of Pasco, Community Development Department 525 N 3rd Ave, PO Box 293 Pasco, WA 99301-0293 Re: Zone Change from R-S-1 to R-1 File# SEPA2025-007 (Z2025-002), Ecology SEPA# 202500916 Dear Aaron Gunderson: Thank you for the opportunity to provide comments on the State Environmental Policy Act (SEPA) Notice of Application for the Zone Change from R-S-1 to R-1 proposal. Based on review of the checklist associated with this project, the Department of Ecology (Ecology) has the following comments: Hazardous Waste & Toxics Reduction Program Alex Bergh, (509) 385-5539, alexandra.bergh@ecy.wa.gov Wastes produced during construction or remodeling can be dangerous wastes in Washington State. Some of these wastes include: Absorbent material, aerosol cans, asbestos-containing materials, lead-containing materials, PCB-containing light ballasts, waste paint, waste paint thinner, sanding dust and treated wood. The Construction and demolition website has a more comprehensive list and links to help identify and designate your wastes. Responsibility for construction waste generated at a facility is the responsibility of the facility that generates the waste. The waste generator is the person who owns the site. Even if you hire a contractor to conduct the demolition or a waste service provider to designate your waste, the site owner is ultimately liable. This is why it is important to research reputable and reliable contractors. In order to adequately identify some of your construction and remodel debris, you may need to sample and test the wastes generated to determine whether they are dangerous waste. Information about how to sample and what to test for can be found at the above linked website. Aaron Gunderson March 25, 2025 Page 2 Water Quality Program Chad Sauve, (509) 934-6202, chad.sauve@ecy.wa.gov Operators of construction sites that disturb one acre or more total area and has, or will have a discharge of stormwater to a surface water or to a storm sewer, must apply for coverage under Department of Ecology’s Construction Stormwater General Permit. If soil or ground water contamination is known at the site, additional information will be required. The applicant will be required to submit additional studies and reports including, but not limited to, temporary erosion and sediment control plans, a stormwater pollution prevention plan, a site map depicting sample locations, a list of known contaminants with concentrations and depths found and other information about the contaminants. Application should be made at least 60 days prior to commencement of construction activities. A permit application and related documents are available online. If you have any questions or would like to respond to these comments, please contact the appropriate program staff listed above. If you have questions about SEPA, please reach out to sepahelp@ecy.wa.gov. Sincerely, Katy Moos Office Assistant Eastern Region Office ·, ORDINANCE NO."3 4£7/p AN ORDINANCE ASSIGNING ZONING TO CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO. WHEREAS,on June 17,2004,the Planning Commission of the City of Pasco conducted a public hearing to develop a recommendation for the assignment of zoning to certain properties;in the event those properties were incorporated within the City;and WHEREAS,on July 19,2004,Ordinance No.3675,effectively annexed certain real property to the City of Pasco;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.That the following described areas,situated in Franklin County,Washington to-wit: Legal: Beginning at a point on the South right-of-way line of Pearl Street,said point being the intersection of the South right-of-way line of Pearl Street and the East right-of- way line of Road 40;thence Northerly along the Northerly projection of the East right- of-way line of Road 40 to the North right-of-way line of Pearl Street;thence continuing North along the East right-of-way line of Road 40 to the intersection with the North line of the South half of the South half of the Northeast quarter of the Southeast quarter of Section 23,Township 9 North,Range 29 East W.M.,thence Westerly along the projection of said line to the West right-of-way line of Road 40;thence North along the West right-of-way line of Road 40 to the intersection with the South right-of-way line of Wernett Road;thence continuing North along the Northerly projection of the West right-of-way line of Road 40 to the intersection with the North right-of-way line of Wernett Road;thence Easterly along the North right-of-way line of Wernett Road to the intersection with the East line of the Southeast quarter of the Southwest quarter of the Northeast quarter of Section 23,Township 9 North,Range 29 East,W.M., thence Northerly along the East line of the Southeast quarter of the Southwest quarter of the Northeast quarter of Section 23,Township 9 North,Range 29 East, W.M.to the intersection with the North line of said Southeast quarter of the Southwest quarter of the Northeast quarter;thence Easterly along the Easterly projection of the North line of said Southeast quarter of the Southwest quarter of the Northeast quarter of said Section 23 to the East right-of-way line of Road 40;thence Northerly along the East right-of-way line of Road 40 to the intersection with the South right-of-way line of Livingston Road;thence continuing North along the Northerly projection of the East right-of-way line of Road 40 to the intersection with the North right-of-way line of Livingston Road;thence North along the East right-of- way line of Road 40 to the intersection with the South right-of-way line of Interstate 1- 182;thence Northwesterly along the Nnortherly projection of the East right-of-way line of Road 40 to the intersection with the North right-of-way line of Interstate 1-182 the same being the South right-of-way line of Argent Road;thence continuing North '. along the Northerly projection of the East right-of-way line of Road 40 to the North right-of-way line of Argent Road;Thence North along the East right-of-way line of Road 40 to the south right-of-way line of Argent Place;thence Easterly along the said South right-of-way line of Argent Place to the intersection with the West right-of-way line of Road 36;Thence Southerly along the West right-of-way line of Road 36 to the intersection with the North right-of-way line of Argent Road.Thence Southerly along the Southerly projection of the West right-of-way line of Road 36 to the intersection with North right-of-way line of Highway 1-182;thence continuing Southerly along the Southerly projection of Road 36 to the intersection with the South right-of-way line of Interstate 1-182;thence Northwesterly along the South right-of-way line of Interstate 1-182 to the West right-of-way line of Road 36;Thence Southerly along the West right- of-way line of Road 36 to the South right-of-way line of Pearl Street;thence Westerly along the South line of Pearl Street to the point of beginning. as depicted in the map attached hereto and labeled Exhibit No."1"be and the same are hereby assigned R-S-12 (Suburban Residential)zoning. Section 2.That any and all zoning maps be and the same are hereby amended to conform to the aforesaid assignment of zoning. Section 3.This ordinance shall be in full force and effect on August 31, 2004. PASSED by the City Council of the City of Pasco this 19th day of July, 2004. ~ Mayor ATTEST: ~nay=jPtlbJY7/~ Sandy L.nworthy Deputy City Clerk Leland B.Kerr City Attorney -2- .. ._~\1 . f---~~~~~I••••••••••.•••••••••••••••••••••••••••••• ~~.~~~~/:::::r ::..:::::..:::..~ ;:::::=::;:::::::~~~ f------J;f-----l-'-I ~---I--'-"Ii..<.>••>•••••••.••••~ ~····························e I '--........................ Rezone Ord.#3 ~7~ EXHIBIT #1 .........·..L·..· .:.::.::::.t ::..:::::.::~h~~~-.===+=~...~E1T.D f--'--L~~c-.::.::::::::::::::.Etttrtn ~ ~I ~!I..W:,.Y.T ..:::.::::::..~ritIJIJe--+-I ~~..~..~~ I---r-l....-..j I-----j--..JL...L-L--,-J==I w.EllA ST w.EllAr-"-ST ,-,~:;::j I--..+--+-I '--t--J;!;.~.......H-+--l-+-+-I''-'--!l ....J..-+..--..l f--f--~I--H....~H-r-,-thl-tl"i1----rri---Ji...:.;,.·.;j...~..w.L>:DLA st .~~f--f--1-1-- '-.,.:..,.....·H--=+'+..+-'..f-:.I.1-+-1 I---J-I ~ t=;:::::::1 [j~'=::::;::1 ~w~.PEA~.LST~~. I I w.~NmRD W.PEARL 51 1111111111111111 1IIIIIl~~;~::~:41P PASCO CITY OF ORDIN 22.0121 Frankl in Co,lolA ORDINANCE NO.3l.a.75 AN ORDINANCE RELATINGTO ANNEXATIONAND ANNEXINGCERTAIN REALPROPERTYTO THE CITYOF PASCO. WHEREAS,the City Council of the City of Pasco has declared,its intent to annex the following described territory to the City of Pasco pursuant to RCW Chapter 35A.14;and WHEREAS,notice of the public hearing on the proposed annexation has been published and posted as required by law;and, WHEREAS,a public hearing on the proposed annexation was held on July 19,2004;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.That the following described area,situated in Franklin County,Washington to-wit: Legal: Beginning at a point on the South right-of-way line of Pearl Street,said point being the intersection of the South right-of-way line of Pearl Street and the East right-of-way line of Road 40;thence Northerly along the Northerly projection of the East right-of-way line of Road 40 to the North right-of-way line of Pearl Street;thence continuing North along the East right-of-way line of Road 40 to the intersection with the North line of the South half of the South half of the Northeast quarter of the Southeast quarter of Section 23,Township 9 North,Range 29 East W.M.,thence Westerly along the projection of said line to the West right-of-way line of Road 40;thence North along the West right-of- way line of Road 40 to the intersection with the South right-of-way line of Wernett Road;thence continuing North along the Northerly projection of the West right-of-way line of Road 40 to the intersection with the North right-of- way line of Wernett Road;thence Easterly along the North right-of-way line of Wernett Road to the intersection with the East line of the Southeast quarter of 1111111111111111 111111 :;~:1~::~:41P PASCO CITY OF ORDIN 22.00 Franklin Co,WA the Southwest quarter of the Northeast quarter of Section 23,Township 9 North,Range 29 East,W.M.,thence Northerly along the East line of the Southeast quarter of the Southwest quarter of the Northeast quarter of Section 23,Township 9 North,Range 29 East,W.M.to the intersection with the North line of said Southeast quarter of the Southwest quarter of the Northeast quarter;thence Easterly along the Easterly projection of the North line of said Southeast quarter of the Southwest quarter of the Northeast quarter of said Section 23 to the East right-of-way line of Road 40;thence Northerly along the East right-of-way line of Road 40 to the intersection with the South right-of- way line of Livingston Road;thence continuing North along the Northerly projection of the East right-of-way line of Road 40 to the intersection with the North right-of-way line of Livingston Road;thence North along the East right- of-way line of Road 40 to the intersection with the South right-of-way line of Interstate 1-182;thence Northwesterly along the Nnortherly projection of the East right-of-way line of Road 40 to the intersection with the North right-of-way line of Interstate 1-182 the same being the South right-of-way line of Argent Road;thence continuing North along the Northerly projection of the East right- of-way line of Road 40 to the North right-of-way line of Argent Road;Thence North along the East right-of-way line of Road 40 to the south right-of-way line of Argent Place;thence Easterly along the said South right-of-way line of Argent Place to the intersection with the West right-of-way line of Road 36;Thence Southerly along the West right-of-way line of Road 36 to the intersection with the North right-of-way line of Argent Road.Thence Southerly along the Southerly projection of the West right-of-way line of Road 36 to the intersection with North right-of-way line of Highway 1-182;thence continuing Southerly along the Southerly projection of Road 36 to the intersection with the South right-of-way line of Interstate 1-182;thence Northwesterly along the South right-of-way line of Interstate 1-182 to the West right-of-way line of Road 36; Thence Southerly along the West right-of-way line of Road 36 to the South right-of-way line of Pearl Street;thence Westerly along the South line of Pearl Street to the point of beginning. as depicted in the map attached hereto and labeled Exhibit 1 and the same is hereby annexed to the City of Pasco and is hereby declared to be within the corporate limits of the City of Pasco. Section 2.That the Comprehensive Plan of the City of Pasco be and the same is hereby adopted for the above described tract of land. Section 3.That said tract of land shall not assume any portion of the existing bonded indebtedness of the City of Pasco. Section 4.That said tract of land shall be in Voting District #5. 1111111111111111 111111 t~~;~::~:41P "PASCO C lTV OF ORDIN 22.00 Franklin Co,WR Section 5.That a certified copy of this ordinance be and the same shall be filed with the Franklin County Commissioners. Section 6.This ordinance shall be in full force and effect on August 31, 2004. PASSED by the City Council of the City of Pasco this 19th day of July 2004. ~Michael L.rison Mayor APPROVEDAS TO FORM:£~ATTEST: \. Sandy L.enworthy Deputy City Clerk Leland B.Kerr City Attorney 3 111111111111111111111 IH~~~~::~:41P PFlSCO CITY OF ORCIN 22.00 Franklin Co,WFI EXHIBIT #1 Annexation Ord.#3&75 ~''..'.'.'.'..'.'.'' ~ ~;::::::::::::::::::::::::::::: ~...'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. f-----r---"l ~~---~:.:-:-::...:-:-:::::::....:::. ~~'.'.'.'.'.'.'.'.'.'.'.'.' h--r-'-r--r--i f----l----1 ~~..::.::::!rr--(::-:.::~~__ ~~~~~U~\llNOS11lH~RD:::::;::....:::::::..::~~-========j 1----1 .~. ~.." f-------j [-L-'---'-'----f----J .......-.......-..";"'... f--1-----j h f------.J..--'-JI . ..f:.-J .::..:..:::.:::..:.:.:.:::~""-I ----f'-~ ~.. t FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 31 Avenue Pasco, WA 99301 ORDINANCE NO. 4517 AFN # 1931293 ORDIN 02/03/2021 11:14 AM 4 Page(s) $106.50 Matt Beaton. Auditor Franklin Co.. WA AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING THE SOUTH 1 '/2 ACRES OF THE NORTH 3 ACRES OF THE WEST '/z OF THE SOUTHWEST '/ OF THE NORTHEAST '/ OF THE SOUTHEAST'/40F SECTION 23 TOWNSHIP 09 NORTH, RANGE 30 EAST W.M., LOCATED AT 925 ROAD 40 (APN # 119-132-073), FROM RS -12 SUBURBAN) TO R -S-1 (SUBURBAN) WHEREAS, the petitioner seeks to rezone a parcel located at 925 Road 40; and WHEREAS, a complete and adequate petition for change of zoning classification having been received by the City and an open record hearing having been conducted by the Pasco Hearing Examiner upon such petition on the 13th day of January, 2021; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: A) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (B) the effect of the proposal on the immediate vicinity is not materially detrimental and (C) there is merit and value in the proposal for the community as a whole; the Hearing Examiner developed findings which are hereby adopted by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from RS -12 Suburban) to R -S-1 (Suburban) for the real property as shown in Exhibit 1 attached hereto and described as follows: Ordinance — Sawyers Rezone RS -12 to R -S-1 - 1 The South 1 '/z Acres of the North 3 acres of the West '/z of the Southwest '/ of the Northeast '/ of the Southeast '/ of Section 23 Township 09 North, Range 30 East W.M., within the City of Pasco, Franklin County, Washington. (Parcel #119-132- 073). Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this I" day of February, 2021. Saul Martinez Mayor ATTEST: Debra Barham, CMC City Clerk Published -a/q/ Zow Ordinance — Sawyers Rezone RS -12 to R -S-1 - 2 APPROVED AS TO FORM: r L-Ke—r'rFe p on La . PLLC City Attorney W Z fn N a J O W J 8£ adON ~ L Q JJ W sE adON 1 Cd Fzl 0 Cd rl 1-4 017 OVON Uti aVON 00 Cd O 1 O NO `o N `n CdCNIJ Fii O LU~ 1 IL co LL O Wo U Zti FRANKLIN COUNTY RECORDING COVER SHEET NAME AND RETURN ADDRESS: City of Pasco 525 N. Third Avenue Pasco, WA 99301 FORM COMPLETED BY. Krystle Shanks, Deputy City Clerk PLEASE PRINT OR TYPE INFORMATION: PHONE # (509) 544-3096 DOCUMENT TITLE(S) (or transaction contained therein) 1. Ordinance No. 4517 2. Z 2020-008 3. RS -12 to R -S-1 GRANTOR(S) (Last name, first name, middle name/initials): 1. Citv of Pasco 2. 3. 4. Additional names on page of document GRANTEE(S) (Last name, first name, middle name/initials): 1. Gerald Craig Sawyers 2. 3. 4. Additional names on page of document LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range) S 1 1/2 ACRES OF N 3 ACRES OF W2SW4NE4SE4 23-9-29 Additional legal is on page of document AUDITOR'S REFERENCE NUMBER(S) ASSESSOR'S PROPERTY TAX PARCEL NUMBER 119-132-073 Additional parcel numbers on page of document The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information EMERGENCY NONSTANDARD REQUEST am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature Date East North South West Affidavit of Mailing In regards to MF# Z2025-002 I, Carmen Patrick , hereby confirm that notification was sent by mail March 24, 2025 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 24 th day, March of 2025. Representative's Signature Community Development Department PO Box 293 ,525 N 3 '" Av e, Pa sco, 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 Ila me al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. A public hearing with the Hearing Examiner will be held on April 09, 2025 at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. Proposal: Scot Hanson on behalf of Gerald Craig Sawyers has submitted a Rezone application (Z 2025-002} to change zoning designation from R-5-1 (Suburban) to R-1 (Low Density Residential} for a parcel of 1.50 acres in size, located at 1925 Road 40 (Parcel# 119132073) in Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code. Structures originally located on the property have been demolished, with plans to short plat the property into 7 lots . No subdivision of land or building permits have been submitted at this time. Public Comment Period: Written project comments must be submitted to the Community Development Department by 5:00 p.m. on April 09, 2024, to be included in the Hearing Examiner packet. If you have questions on the proposal, contact the Planning Division at (509) 905-2604 or via e-mail to: gu ndersona@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.pa sco -wa .gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a recommendation on the rezone within ten (10) days of the public hearing. Prepared 21 March 2025 by: Aaron Gunderson, Planner II, PO Box 293 Pasco, WA 99301 (509) 905-2604 The City of Pasco welcomes full participation in public meetings by all citizens . No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings . If you wish to use auxiliary aids or require assistance to comment at this public meeting , please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs . Page 1 of 1 Vicinity Map --Feet Ite1n: 1925 Road 40 Applicant(s): Scot Hanson File #: 22025-002 N A N ...... 0 N Q) t:l.0 C'1l a.. ,1VIL ADDRESS CITY STATE ZIP ~I CONSTRUCTION LLC 2025 N ROAD 40 PASCO WA 99301 :RALD CRAIG SAWYERS 2806 E DESERT LN PHOENIZ AZ 85042 !\ YRA ALEJANDRA SUAREZ RE 3905 W PEARL ST PASCO WA 99301 ELA RODRIGUEZ 932 W BROWN ST PASCO WA 99301 I.NOY S & DEEANA L HOYT 3821 W PEARL ST PASCO WA 99301 ILLIE R TAYLOR 3921 W ELLA ST PASCO WA 99301 CHARD & DIANA SANTOS 3913 W ELLA ST PASCO WA 9930 1 >NATHAN RAMON & VICTORIA 3905 W ELLA ST PASCO WA 99301 TICIA & JOSE A TORRES 3821 W ELLA ST PASCO WA 99301 .ISEO & YANET RODRIGUEZ 3813 W ELLA ST PASCO WA 99301 1AUNA A WHITE 3820 W ELLA ST PASCO WA 99301 JBICELIA CORIA GUTIERRE 3812 W ELLA ST PASCO WA 99301 I.MIAN M SHAFFER 3804 W ELLA ST PASCO WA 99301 ILLIAM W BROGDON 2005 N ROAD 39 PASCO WA 99301 :BBIE A (ETAL) MCCARTNEY 2006 N ROAD 38 PASCO WA 99301 \OHW AN A ABO 2000 N ROAD 38 PASCO WA 99301 N NELSON 3809 W PEARL ST PASCO WA 99301 NET KOY 6260 CERRITOS AVE LONG BEACH CA 90805 97 LUTZ FAMILY TRUST 1963 STELLA ST THE VILLAGES FL 32163 'LVIA & JUAN J GARZA 2104 N ROAD 40 PASCO WA 99301 WID AMENTA 2105 ROAD 41 PASCO WA 99301 MB ERL YA CHAMBERLIN 2020 ROAD 40 PASCO WA 99301 1.N R MENDENHALL 2004 N ROAD 40 PASCO WA 99301 JADALUPE B & ELIDA GONZALI 4009 W PEARL ST PASCO WA 99301 :RRY WILLIAMS PERSONAL AS 509 OAKRIDGE DR TOOLE UT 84074 M E (JR) WILLINGHAM 4109 W PEARL ST PASCO WA 99301 ,SCO SCHOOL DISTRICT NO . 11215 W LEWIS ST PASCO WA 99301 Published on: 03/26/25 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Cols Depth 14026 647735 Print Legal Ad-IPL02242700 - IPL0224270 Z 2025-002 Notice Sawyer 1 69 L Debra BarhamAttention: CITY OF PASCO/LEGALS PO BOX 293 PASCO, WA 99301 barhamd@pasco-wa.gov, 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 03/26/2025, and ending on 03/26/2025 and that said newspaper was regularly distributed to its subscribers during all of this period. 1 insertion(s) published on: 03/26/25 (Signature of Legals Clerk) Sworn to and subscribed before me this 26th day of March in the year of 2025 Notary Public in and for the state of South Carolina, residing in Beaufort County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! Affidavit of Mailing In regards to MF# SEPA2025-007/Z2025-002 I, Carmen Patrick, hereby confirm that notification was sent by mail March 10 , 2025 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 10th day, March of 2025. Representative 's Signature .:i 1li PifSco Commun1tv De,eloprnent Depa 1 tment PO Box 293, 525 N r Ave, Pasco, WA 99301 P: 509 545.3441 / F: 509.545.3499 CITY OF PASCO NOTICE OF APPLICATION/SEPA ODNS DETERMINATION (Optional DNS Process) Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor llame al Departamento de Desarrollo Comunitario y Econ6mico de la Ci udad de Pasco a 509-545-3441. Notice is hereby given on 03/12/2025 that the application/proposal described in this notice has been filed with the City of Pasco Community and Economic Development Department (CED). Proposal: Scot Hanson on behalf of Gerald Craig Sawyers submitted a SEPA checklist, SEPA2025- 007 , and Rezone Application , 22025-002, to rezone approximately 1.50 acres of land from zoning district R-S-1 Suburban to R-1 Low Density Residential as the property is adjacent to R-1 zoned property to the north. The property currently has a house and accessory structures. Proposed plans after zone change are to demolish structures and short plat the property into 7 lots. No subdivision of land or building permits have been submitted at this time. Location: The subject property is located at 1925 Road 40 (Parcel 119132073) Pasco, WA 99301. Application submittal date: 01/22/2025 Date that application was determined to be substantially complete: 03/06/2025 Public Comment Period: Any interested party may comment on this application. Written SEPA comments must be subm itted to CED by 5PM, 03/26/2025 via email to planning@pasco - wa.gov ; via mail to PO BOX, 293 Pasco, WA 99301; or in person to the CED Planning Division at 525 N 3rd Ave, Pasco, WA 99301 . THIS WILL NOT BE YOUR ONLY OPPORTUNITY TO PROVIDE COMMENT ON Application 22025-002 . Open Record Hearing & Future Notice: A public hearing will be required and be noticed at a future date . Final Decision regarding zoning w i ll be made by Pasco City Council. The SEPA threshold determination will be established administratively by the Pasco SEPA Administrator. Any interested party may request to receive notice of or participate in any future hearings, received a copy of decisions or appeal said decisions . Please make your request to the CED via the above contact information . Preliminary Determination of Regulations Used for Project Mitigation: To evaluate the impacts of the proposed project, the following may be used for mitigation, consistency, and the development of findings and conclusions: 0 Pasco Municipal Code (PMC) Title 23 Environmental Impact, Title 25 Zoning, and the land use policies contained in the Pasco Comprehens ive Plan; 0 Regulations of the Washington State Department of Fish and Wildlife, Washington State Department of Ecology, and Washington State Department of Natural Resources; 0 Other required agency evaluations, approvals, permits, and mitigations as necessary . The following documents are hereby incorporated by reference, and all or part of the documents may be used to evaluate the application/proposal: • SEPA Environmental Checklist, SEPA2025-007, dated 01/22/2025 • Rezone Application, 22025-002, dated 01/22/2025 • Property Map, 22025-002, submitted 01/22/2025 • Proposed Short Plat, PRAM2024-041, submitted 03/04/2025 It is probable that a Determination of Non-Significance or Mitigated Determination of Non- Significance will be issued for this proposal (WAC 197.11.355 optional DNS process). This may be the only opportunity to comment on the environmental impacts of this proposal or to appeal any State Environmental Policy Act related decisions. A copy of the subsequent threshold determination and any other information concerning this action may be obtained by contacting the CED. Required Permits: None at this time. Future construction may require a building permit . Appeals: You may appeal the subsequent threshold determination by submitting an appeal to CED within 14 days of issuance via mail to PO BOX 293, Pasco, WA 99301, or in person to the CED Planning Division at 525 N 3rd Ave, Pasco, WA 99301. The appeal must be in written form, contain a concise statement of the matter being appealed and the basic rationale for the appeal and be accompanied by required fee. This application is subject to regulations contained in the PMC. This Notice of Application is required by Revised Code of Washington 36.708.110 . '\ME ADDRESS CITY STATE ZIP ~I CONSTRUCTION LLC 2025 N ROAD 40 PASCO WA 99301 =RALD CRAIG SAWYERS 2806 E DESERT LN PHOENIZ AZ 85042 fl. YRA ALEJANDRA SUAREZ REYES 3905 W PEARL ST PASCO WA 99301 ELA RODRIGUEZ 932 W BROWN ST PASCO WA 99301 '\NOY S & DEEANA L HOYT 3821 W PEARL ST PASCO WA 99301 ILLIE R TAYLOR 3921 W ELLA ST PASCO WA 99301 CHARD & DIANA SANTOS 3913 W ELLA ST PASCO WA 99301 )NATHAN RAMON & VICTORIA MELI 3905 W ELLA ST PASCO WA 99301 :TICIA & JOSE A TORRES 3821 W ELLA ST PASCO WA 99301 JSEO & YANET RODRIGUEZ 3813 W ELLA ST PASCO WA 99301 ~AUNA A WHITE 3820 W ELLA ST PASCO WA 99301 JBICELIA CORIA GUTIERRE 3812 W ELLA ST PASCO WA 99301 '\MIAN M SHAFFER 3804 W ELLA ST PASCO WA 99301 ILLIAM W BROGDON 2005 N ROAD 39 PASCO WA 99301 ::BBIE A (ETAL) MCCARTNEY 2006 N ROAD 38 PASCO WA 99301 '\DHW AN A ABO 2000 N ROAD 38 PASCO WA 99301 N NELSON 3809 W PEARL ST PASCO WA 99301 1NET KOY 6260 CERRITOS AVE LONG BEACH CA 90805 197 LUTZ FAMILY TRUST 1963 STELLA ST THE VILLAGES FL 32163 (L VIA & JUAN J GARZA 2104 N ROAD 40 PASCO WA 99301 WIDAMENTA 2105 ROAD 41 PASCO WA 99301 MBERL Y A CHAMBERLIN 2020 ROAD 40 PASCO WA 99301 '\N R MENDENHALL 2004 N ROAD 40 PASCO WA 99301 UADALUPE B & ELIDA GONZALEZ 4009 W PEARL ST PASCO WA 99301 :RRY WILLIAMS PERSONAL ASSET 509 OAKRIDGE DR TOOLE UT 84074 ME (JR) WILLINGHAM 4109 W PEARL ST PASCO WA 99301 '\SCO SCHOOL DISTRICT NO . 1 1215 W LEWIS ST PASCO WA 99301 Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 Page 1 of 1 CITY OF PASCO, PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. A public hearing with the Hearing Examiner will be held on April 09, 2025 at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. Proposal: Scot Hanson on behalf of Gerald Craig Sawyers has submitted a Rezone application (Z 2025-002) to change zoning designation from R-S-1 (Suburban) to R-1 (Low Density Residential) for a parcel of 1.50 acres in size, located at 1925 Road 40 (Parcel # 119132073) in Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code. Structures originally located on the property have been demolished, with plans to short plat the property into 7 lots. No subdivision of land or building permits have been submitted at this time. Public Comment Period: Written project comments must be submitted to the Community Development Department by 5:00 p.m. on April 09, 2024, to be included in the Hearing Examiner packet. If you have questions on the proposal, contact the Planning Division at (509) 905-2604 or via e-mail to: gundersona@pasco-wa.gov. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a recommendation on the rezone within ten (10) days of the public hearing. Prepared 21 March 2025 by: Aaron Gunderson, Planner II, PO Box 293 Pasco, WA 99301 (509) 905-2604 The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 Page 1 of 1 PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. A public hearing with the Hearing Examiner will be held on April 09, 2025 at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. Proposal: Scot Hanson on behalf of Gerald Craig Sawyers has submitted a Rezone application (Z 2025-002) to change zoning designation from R-S-1 (Suburban) to R-1 (Low Density Residential) for a parcel of 1.50 acres in size, located at 1925 Road 40 (Parcel # 119132073) in Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code. Structures originally located on the property have been demolished, with plans to short plat the property into 7 lots. No subdivision of land or building permits have been submitted at this time. Public Comment Period: Written project comments must be submitted to the Community Development Department by 5:00 p.m. on April 09, 2024, to be included in the Hearing Examiner packet. If you have questions on the proposal, contact the Planning Division at (509) 905-2604 or via e-mail to: gundersona@pasco-wa.gov. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a recommendation on the rezone within ten (10) days of the public hearing. Prepared 21 March 2025 by: Aaron Gunderson, Planner II, PO Box 293 Pasco, WA 99301 (509) 905-2604 The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Page 2 of 2 THANK YOU for your legal submission! Your legal has been submitted for publication. Below is a con rmation of your legal placement. You will also receive an email con rmation. ORDER DETAILS Order Number: IPL0221969 Order Status: Submitted Classi cation: Legals & Public Notices Package: TRI - Legal Ads Site: tricity Final Cost: $452.18 Referral Code: Z2025-002 SEPA2024-007 Sawyer Rezone Payment Type: Account Billed User ID: IPL0018633 ACCOUNT INFORMATION Debra Barham 525 North Third Ave. Pasco, WA 99301 509-544-3096 cityclerk@pasco-wa.gov City of Pasco TRANSACTION REPORT Date March 10, 2025 5:19:46 PM EDT Amount: $452.18 SCHEDULE FOR AD NUMBER IPL02219690 March 12, 2025 Tri-City Herald Print Publication PREVIEW FOR AD NUMBER IPL02219690 3.22inches x 7.61inches 3/10/25, 4:20 PM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=210176&returnto=1/2 << Click here to print a printer friendly version >> 3/10/25, 4:20 PM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=210176&returnto=2/2 Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO NOTICE OF APPLICATION/SEPA ODNS DETERMINATION (Optional DNS Process) Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. Notice is hereby given on 03/12/2025 that the application/proposal described in this notice has been filed with the City of Pasco Community and Economic Development Department (CED). Proposal: Scot Hanson on behalf of Gerald Craig Sawyers submitted a SEPA checklist, SEPA2025- 007, and Rezone Application, Z2025-002, to rezone approximately 1.50 acres of land from zoning district R-S-1 Suburban to R-1 Low Density Residential as the property is adjacent to R-1 zoned property to the north. The property currently has a house and accessory structures. Proposed plans after zone change are to demolish structures and short plat the property into 7 lots. No subdivision of land or building permits have been submitted at this time. Location: The subject property is located at 1925 Road 40 (Parcel 119132073) Pasco, WA 99301. Application submittal date: 01/22/2025 Date that application was determined to be substantially complete: 03/06/2025 Public Comment Period: Any interested party may comment on this application. Written SEPA comments must be submitted to CED by 5PM, 03/26/2025 via email to planning@pasco- wa.gov; via mail to PO BOX, 293 Pasco, WA 99301; or in person to the CED Planning Division at 525 N 3rd Ave, Pasco, WA 99301. THIS WILL NOT BE YOUR ONLY OPPORTUNITY TO PROVIDE COMMENT ON Application Z2025-002. Open Record Hearing & Future Notice: A public hearing will be required and be noticed at a future date. Final Decision regarding zoning will be made by Pasco City Council. The SEPA threshold determination will be established administratively by the Pasco SEPA Administrator. Any interested party may request to receive notice of or participate in any future hearings, received a copy of decisions or appeal said decisions. Please make your request to the CED via the above contact information. Preliminary Determination of Regulations Used for Project Mitigation: To evaluate the impacts of the proposed project, the following may be used for mitigation, consistency, and the development of findings and conclusions: �� Pasco Municipal Code (PMC) Title 23 Environmental Impact, Title 25 Zoning, and the land use policies contained in the Pasco Comprehensive Plan; �� Regulations of the Washington State Department of Fish and Wildlife, Washington State Department of Ecology, and Washington State Department of Natural Resources; �� Other required agency evaluations, approvals, permits, and mitigations as necessary. The following documents are hereby incorporated by reference, and all or part of the documents may be used to evaluate the application/proposal: • SEPA Environmental Checklist, SEPA2025-007, dated 01/22/2025 • Rezone Application, Z2025-002, dated 01/22/2025 • Property Map, Z2025-002, submitted 01/22/2025 • Proposed Short Plat, PRAM2024-041, submitted 03/04/2025 It is probable that a Determination of Non-Significance or Mitigated Determination of Non- Significance will be issued for this proposal (WAC 197.11.355 optional DNS process). This may be the only opportunity to comment on the environmental impacts of this proposal or to appeal any State Environmental Policy Act related decisions. A copy of the subsequent threshold determination and any other information concerning this action may be obtained by contacting the CED. Required Permits: None at this time. Future construction may require a building permit. Appeals: You may appeal the subsequent threshold determination by submitting an appeal to CED within 14 days of issuance via mail to PO BOX 293, Pasco, WA 99301, or in person to the CED Planning Division at 525 N 3rd Ave, Pasco, WA 99301. The appeal must be in written form, contain a concise statement of the matter being appealed and the basic rationale for the appeal and be accompanied by required fee. This application is subject to regulations contained in the PMC. This Notice of Application is required by Revised Code of Washington 36.70B.110. Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 NOTICE OF APPLICATION/SEPA ODNS DETERMINATION (Optional DNS Process) Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. Notice is hereby given on 03/12/2025 that the application/proposal described in this notice has been filed with the City of Pasco Community and Economic Development Department (CED). Proposal: Scot Hanson on behalf of Gerald Craig Sawyers submitted a SEPA checklist, SEPA2025- 007, and Rezone Application, Z2025-002, to rezone approximately 1.50 acres of land from zoning district R-S-1 Suburban to R-1 Low Density Residential as the property is adjacent to R-1 zoned property to the north. The property currently has a house and accessory structures. Proposed plans after zone change are to demolish structures and short plat property into 7 lots. No subdivision of land or building permits have been submitted at this time. Location: The subject property is located at 1925 Road 40 (Parcel 119132073) Pasco, WA 99301. Application submittal date: 01/22/2025 Date that application was determined to be substantially complete: 03/06/2025 Public Comment Period: Any interested party may comment on this application. Written SEPA comments must be submitted to CED by 5PM, 03/26/2025 via email to planning@pasco- wa.gov; via mail to PO BOX, 293 Pasco, WA 99301; or in person to the CED Planning Division at 525 N 3rd Ave, Pasco, WA 99301. THIS WILL NOT BE YOUR ONLY OPPORTUNITY TO PROVIDE COMMENT ON Application Z2025-002. Open Record Hearing & Future Notice: A public hearing will be required and be noticed at a future date. Final Decision regarding zoning will be made by Pasco City Council. The SEPA threshold determination will be established administratively by the Pasco SEPA Administrator. Any interested party may request to receive notice of or participate in any future hearings, received a copy of decisions or appeal said decisions. Please make your request to the CED via the above contact information. Preliminary Determination of Regulations Used for Project Mitigation: To evaluate the impacts of the proposed project, the following may be used for mitigation, consistency, and the development of findings and conclusions: �� Pasco Municipal Code (PMC) Title 23 Environmental Impact, Title 25 Zoning, and the land use policies contained in the Pasco Comprehensive Plan; �� Regulations of the Washington State Department of Fish and Wildlife, Washington State Department of Ecology, and Washington State Department of Natural Resources; �� Other required agency evaluations, approvals, permits, and mitigations as necessary. The following documents are hereby incorporated by reference, and all or part of the documents may be used to evaluate the application/proposal: • SEPA Environmental Checklist, SEPA2025-007, dated 01/22/2025 • Rezone Application, Z2025-002, dated 01/22/2025 • Property Map, Z2025-002, submitted 01/22/2025 • Proposed Short Plat, PRAM2024-041, submitted 03/04/2025 It is probable that a Determination of Non-Significance or Mitigated Determination of Non- Significance will be issued for this proposal (WAC 197.11.355 optional DNS process). This may be the only opportunity to comment on the environmental impacts of this proposal or to appeal any State Environmental Policy Act related decisions. A copy of the subsequent threshold determination and any other information concerning this action may be obtained by contacting the CED. Required Permits: None at this time. Future construction may require a building permit. Appeals: You may appeal the subsequent threshold determination by submitting an appeal to CED within 14 days of issuance via mail to PO BOX 293, Pasco, WA 99301, or in person to the CED Planning Division at 525 N 3rd Ave, Pasco, WA 99301. The appeal must be in written form, contain a concise statement of the matter being appealed and the basic rationale for the appeal and be accompanied by required fee. This application is subject to regulations contained in the PMC. This Notice of Application is required by Revised Code of Washington 36.70B.110. REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Remote WEDNESDAY, April 09 6:00 PM 1 MASTER FILE #: Z 2025-003 APPLICANT: Robert Stutesman 1347 Country Ridge Dr. Richland, WA 99352 REQUEST: REZONE: Stutesman Rezone from R-S-12 (Suburban District) to R-1 (Low-Density Residential). TIMELINE 25 February 2025 Application Submitted 06 March 2025 Application Deemed Complete 12 March 2025 Notice of Public Hearing for Z2025-003 scheduled for April 09, 2025, was posted on the City of Pasco website, published in the Tri-City Herald Newspaper, and mailed to properties within 300 feet of proposed rezone. 02 April 2025 Public Hearing Staff Report Published BACKGROUND 1. PROPERTY DESCRIPTION: Legal: Parcel #119421047 (SHORT PLAT 2024-26 LOT 1) and Parcel #119421048 (SHORT PLAT 2024-26 LOT 2), according to the Survey thereof, recorded under Auditor's File Number 1993943, records of Franklin County, Washington. General Location: Located at in the NW 1/4 of the SW 1/4 of Section 25, Township 09 North, Range 29 East, W.M., in Pasco, WA 99301. Property Size: Approximately .80 acres in size (34,997 square feet) 2. ACCESS: The parcel(s) have access from Road 34. 3. UTILITIES: Municipal water and sewer are available in Road 34. 4. LAND USE AND ZONING: The site is zoned RS-12 (Suburban District) and is developed with 1950 single-family home, attached ADU, and two duplexes currently under construction. Surrounding properties are zoned and developed as follows: NORTH: RS-12 Single-Family Dwelling Units (SFDUs) EAST: RS-12 SFDUs 2 SOUTH: RS-12 SFDUs, WEST: RS-12 SFDUs 5. Comprehensive Plan: Per Pasco Municipal code (PMC) 25.215.015, the Comprehensive Plan designates this site as Low-Density Residential. The Low-Density Residential designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones. ENVIRONMENTAL DETERMINATION: The rezone application is exempt from SEPA due to the project meeting the requirements of WAC 197-11-8009(6)(c). ANALYSIS Request Robert Stutesman, on behalf of Stutesman Development, LLC submitted a rezone application (Z 2025-003) to change the zoning designation from RS-12 (Suburban District) to R-1 (Low-Density Residential District), for Lots 1 and 2 of SHORT PLAT 2024-26, a .80-acre site located at the intersection of West Sylvester Street and Road 34 with addressing of 617 Road 34 (Parcel 119421047), 609 Road 34 Unit A/B, and 605 Road 34 Unit A/B (Parcel 119421048), Pasco, Franklin County, WA. Applicant is requesting the zone change to increase flexibility down the road regarding the two duplexes currently under construction on parcel 119421048 (B24-2004). A change in the zoning designation to R-1, would allow for the parcel containing the two duplexes to be further divided as the minimum lot size for duplexes in the R-1 is 5,000 sq. ft. [Table PMC 25.22.030(1)]. Whereas the current zoning designation of RS-12 prohibits the creation of lots less than 12,000 sq. ft. in size [PMC 25.35.050(1)]. On a semi-related note, the application states that the estimated time frame of development is 8 months. After conferring with the applicant, the development timeframe given was in relation to the construction of the two duplexes and not with any further subdivision of the lots. At this point there is no timeframe for further lot division. History The site was annexed into the City in 1996 (Ordinance 3146) and assigned RS-12 (Suburban District) zoning (Ordinance 3147) in conjunction with the annexation. At the time of annexation, the area was part of the Riverview area, which included mostly single-family residential development. Rezone Criteria The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The site was designated RS-12 (Suburban District) zoning in conjunction with the 1996 annexation. 2. The changed conditions, which are alleged to warrant other or additional zoning: The site is currently zoned RS-12, which requires a 12,000-square-foot minimum lot size. Increased flexibility is needed regarding lot division, thus necessitating the rezone. Due to Pasco’s rapid population increase, developing the remaining infill properties around the City has become crucial to accommodate future growth. By rezoning the property to R-1, which permits the creation of lots at a greater density than RS-12, the applicant may then develop the property with more types of dwellings to serve the population. On January 24, 2022, Council approved Ordinance 4575, amending the Zoning code, including Pasco Municipal Code (PMC) 25.45 relating to the R-1 zoning district. The approved ordinance changed the 3 purpose of the R-1 zone found in PMC 25.45.010, as follows: “The R-1 low density residential district is established to provide a low- to medium-density residential environment compliant with the Comprehensive Plan land use density table in PMC 25.215.015. Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended low- to medium-density residential environment.” As well, PMC 25.45.020 added zero-lot line dwellings, multiple dwellings, duplexes, triplexes, and courtyard apartments to the mix of allowed uses in the R-1 zoning district. The density requirement in PMC 25.45.050 was also amended to eliminate the one-unit-per-lot development restriction. 3. Facts to justify the change on the basis of advancing the public health, safety, and general welfare: The rezone application and proposal are consistent with the City Council-approved Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety, and general welfare of the community. It is hoped that further ability to subdivide and increase of housing types on the site will increase the desirability of the property as well as the public health, safety, and general welfare. From a public health perspective, future residential development of the site could encourage walking to and from school with development of proper sidewalk infrastructure. Issac Stevens Middle School is approximately .66 miles from the site, along with Mark Twain Elementary located approximately .68 miles from the site. Additionally, the site is located approximately .38 miles from the east entrance of Wade Park, which borders the Columbia River. Furthermore, there have been multi-modal improvements on nearby West Sylvester Street that have provided easier access to the west entrance of Wade Park for cyclist and pedestrians. In terms of public safety, the site is located approximately 1 mile from Pasco Fire Station #84 along West Court Street, well within the established response-time zone. Safety of the future residential community will also be provided for through the implementation of the civil, building and fire codes which mandate adequate access, fire hydrants, and similar fire and life safety requirements for all new development. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: The site is adjacent existing single-family development and vacant land. A change in zoning would be consistent with the Comprehensive Plan. According to PMC 25.215.015, the Low-Density Residential designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones. The site is surrounded by RS-12 zoning; RS-12 zoning requires a 12,000-square-foot minimum lot size; the proposed rezone to R-1 would allow for 3,500 to 5,000- square foot lots and multi-family dwelling units, introducing a higher density than would be allowed in the surrounding neighborhood. Further, the adjacent property’s value and character are not anticipated to be negatively affected because Low-Density development has been established by City Council as an appropriate and beneficial use of the site, as set forth in the City’s approved Comprehensive Plan. The rezone application is consistent with and meets the intent of the goals and policies of the Comprehensive Plan. 4 5. The effect on the property owner or owners if the request is not granted: If the property remains with the current RS-12 zoning designation, the two duplexes would not be allowed to split, furthering the decrease in housing affordability. This is due to the duplexes only being able to be sold as an investment property only and not with the intention of home ownership. 6. The Comprehensive Plan land use designation for the property The Land Use Element of the Comprehensive Plan designates the lot “Low-Density Residential;” the proposed zoning district is compatible with the Comprehensive Plan Land Use designation; the Low-Density Residential designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones. The proposed rezone application would implement or be consistent with the following comp plan policies: 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. A rezone of this property providing for residential development would provide for future neighborhood low density residential land uses on a site that is adjacent to West Sylvester Street, a minor arterial in a location where existing utility services are available to serve future development. The proposed rezone is consistent with the intent of this policy. LU-2-B Policy: 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. As the demand for residential land use increases, additional residential land and higher residential densities provide greater flexibility for the City and landowners to meet the rising demand for new housing units. The proximity of this property to West Sylvester Street, an arterial street makes this site particularly well suited for future R-1 residential infill development. LU-4-B Policy: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. The site’s proximity to West Sylvester Street, a planned minor arterial makes R-1 low density residential development of the site consistent with this land use policy. LU-4-D Policy: Designate areas for higher density residential developments where utilities and transportation facilities enable efficient use of capital resources. R-1 residential development on the site would fulfill this comprehensive plan policy of placing higher density development in areas where transportation and utility infrastructure is present, as the site is adjacent to a minor arterial street; a 12” sewer main and a 12” water main are located immediately adjacent to the site. LU-5-A Policy: Allow a variety of residential densities throughout the UGA. Per PMC 25.45.020 Permitted uses, all housing types permitted in PMC 25.22.020, Zone District Standards, are permitted in this zone. Per PMC 25.22.020 Permitted housing types, the following residential housing types are permitted within the applicable zones, under the provisions of these Zone District Standards: (1) Single-family dwelling unit detached (SFDU – Detached). (2) Single-family dwelling unit attached (SFDU – Attached). (3) Duplexes and triplexes. 5 (4) Multifamily attached (including apartments, stacked flats, condos). (5) Multifamily detached (including cottage housing). (6) New factory assembled homes. An R-1 low density residential development of the site would help to implement this land use policy, while helping to satisfy the rising demand for housing that is currently felt both locally and regionally. H-1-A Policy: 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. Per PMC 25.45.020 Permitted uses, all housing types permitted in PMC 25.22.020, Zone District Standards, are permitted in this zone. 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. The opportunity for R-1 low-density zoning in this area supports the Land Use Element of the Comprehensive Plan. 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. Rezone application Z 2025-003 to rezone Lots 1 and 2 of Short Plat 2024-26 was submitted on February 25, 2025. 2. The application was determined to be complete on March 06, 2025. 3. Public notice of this hearing was mailed to property owners within 300 feet of the site and published in the Tri-City Herald newspaper on March 12, 2025. 4. Applicant wishes to rezone 9903 West Court Street from RS-20 to R-1. 5. The site comprises approximately 3.17 acres (approximately 138,085 sq. ft.). 6. The site is located approximately 300 feet east of the intersection of Road 100 and Court Street. 7. The site was annexed into the City in 1996 (Ordinance 3146) 8. The site was assigned RS-12 (Suburban District) (Ordinance 3147) in conjunction with the annexation. 9. The rezone would support the ability to subdivide the two duplexes currently under construction on parcel 119421048. 10. On January 24, 2022 Council approved Ordinance 4575, amending the Zoning code, including Pasco Municipal Code (PMC) 25.45 relating to the R-1 zoning district. 11. The approved ordinance changed the purpose of the R-1 zone found in PMC 25.45.010, as follows: PMC 25.45.020 added zero-lot line dwellings, multiple dwellings, duplexes, triplexes, and courtyard apartments to the mix of allowed uses in the R-1 zoning district. 12. The density requirement in PMC 25.45.050 was also amended to eliminate the one-unit-per-lot development restriction. 13. A rezone from RS-12 (Suburban) to R-1 (Low-Density Residential) would allow R-1 density Residential development to occur along and/or near a minor arterial street. 14. The underlying land use code specifies 3 to 6 dwelling units per acre. 6 15. The rezone application and proposal are consistent with the Council-approved Comprehensive Plan. 16. Issac Stevens Middle School is approximately .66 miles from the site, along with Mark Twain Elementary located approximately .68 miles from the site. 17. The entrance walkway to the east entrance of Wade Park is approximately .38 miles away. 18. The site is located approximately one mile from Pasco Fire Station #84 on West Court Street. 19. The civil, building and fire codes mandate adequate access, fire hydrants, and similar fire and life safety requirements for all new development. 20. The site is adjacent existing single-family development. 21. Per PMC 25.215.015, the Low-Density Residential designation allows R-S-20, R-S-12, R-S-1, R-1, R- 1-A, and R-1-A2 zones. 22. Current zoning of the site is RS-12, which requires a 12,000-foot minimum lot size. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The Land Use Element of the Comprehensive Plan designates the lot “Low-Density Residential District.” The proposed R-1 zoning district would be in alignment with the Land Use map within the City’s Comprehensive Plan. Future potential development could additionally foster or help to implement the following policies from the Comprehensive Plan: 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. LU-2-B Policy: 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. LU-4-B Policy: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. LU-4-D Policy: Designate areas for higher density residential developments where utilities and transportation facilities enable efficient use of capital resources. LU-5-A Policy: Allow a variety of residential densities throughout the UGA. LU-5-B Policy: Encourage higher residential densities within and adjacent to major travel corridors, Downtown (Central Business District), and Broadmoor. 6-A Policy: Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability. H-1-A Policy: 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. H-1-B Policy: Higher intensity housing should be located near arterials and neighborhood or community shopping facilities and employment areas. 7 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The Comprehensive Plan designates the property “Low-Density Residential.” As such, the site may be zoned RS-20, RS-12, RS-1, R-1, or R-1-A. The site is adjacent existing single-family development and vacant land. A change in zoning would be consistent with the comprehensive plan. According to PMC 25.215.015, the Low-Density Residential designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones. Further, the effect of the proposal on immediate vicinity will likely not be materially detrimental because Low-Density development has been established by City Council as an appropriate and beneficial use of the site, as set forth in the City’s approved Comprehensive Plan. The rezone application is consistent with and meets the intent of the goals and policies of the Comprehensive Plan. 3. There is merit and value in the proposal for the community as a whole. There is merit in increasing housing opportunities available in those areas currently served by municipal utilities. The City revised its Urban Growth Area (UGA) as part of the Comprehensive Plan Update. The UGA updated UGA is smaller than current projections for low-density residential growth as developed in the past would allow; as such, more residential lots are needed within the current UGA. 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. In addition to fulfilling the goals and policies of the Comprehensive Plan, the proposal includes infill development. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The rezone application and any future short plat are all subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions should be imposed; any future development will be evaluated for significant adverse impacts at the time of a development application, which will also be subject to review under the State Environmental Policy Act (SEPA). 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. If or when applicants pursue the development of this property, they will be required to conform to design standards established by the PMC. No Concomitant Agreement is considered necessary for this application. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions herein, that LOTS 1 and 2 SHORT PLAT 2024-26 (Parcel 119421047 & 119421048) in the NW1/4 of the SW 1/4 of Section 25, Township 09 North, Range 29 East, W.M., City of Pasco, Franklin County, WA be rezoned from R-S-12 (Suburban District) to R- 1 (Low-Density Residential District). 'iUlO 3 85 Vij un U LIe ORDINANCE NO.3J4 6_ AN ORDINANCE relating to annexation and annexing certain real property to the City of Pasco. WHEREAS,the City Council of the City of Pasco has declared,its intent to annex the following described territory to the City of Pasco pursuant to RCW Chapter 35A.14;and WHEREAS,proper notice of the public hearing on the proposed annexation has been published and posted as required by law;and, \VHEREAS.a public healing on the proposed annexation was held on February 20,1996;NOW,THEREFORE, THE CI1Y COUNCIL OF THE CI1Y OF PASCO.\VASHINGTON DO ORDAIN AS FOLLOWS: Section 1.That the following desclibed area,situated in Franklin County,\Vashington to-wit: Beginning at a point on the South R-O-W line of Sylvester Street,said point being the NW corner of Lot 20.Plat of Thompson's Subdivision as recorded on page 66 in Volume "Bit of plats,Franklin County;thence southerly along the west line of said Lot 20 to the North line of the utility easement paralleling the South line of said Lot 20;thence Easterly along the North line of said utility easement and extended along the projection of the North line of said utility easement to the East R- 0-W line of Rd 32:thence Southerly along said East line of Rd 32 to its intersection with the West R-O-W line of Highway 395;thence Southwesterly along said Highway R-O-W line to the Northeast corner of that portion of Government Lot 1 in Section 25,Township 9 North, Range 29 E,W.M.lying Westerly of Highway 395 as established by deed recorded under Auditors File Number 139975:thence Westerly along the South R-O-W line of Hopkins Street to the intersection with the Northerly projection of Lot 3,Short Plat 76-18;thence Southerly along the Northerly projection of said Lot 3 and the East line of said Lot 3 to the Southeast corner of said Lot 3;thence West along the South line of Lots 3.2 and 1,Short Plat 76-18 to the Southwest corner of Lot 1 of said Short Plat 76-18 the point also being the Southeast corner of Lot 2, Short Plat 76-17;thence Westerly along the South line of Lot 2 of Short Plat 76-17 to the intersection with East line of Short Plat 78-23:thence Southerly along said East line of Short Plat 78-23 and Southerly along the projection of the East line of Short plat 78-23 to the Franklin County line;thence Westerly along said County line to the intersection with the Southerly projection of the East line of Lot 1 Block 1,Plat of River Haven;thence Northerly along said projection of said Lot 1 and Northerly along the East line of said Lot 1 to the intersection with the South R-O-W line of River Haven Street;thence Westerly along the 528350 ·--v v v v --v v v v south R-O-W line of River Haven Street to the intersection with the Southerly projection of the West R-O-W line of Rd 40;thence northerly along said projection of the West R-O-W of Rd 40 and Northerly along the West R-O-W line of Rd 40 to the South R-O-W line of Sylvester Street;thence Easterly along the South R-O-W line of Sylvester Street to the point of beginning. as depicted in the map attached hereto and labeled Exhibit 1 and the same is hereby annexed to the City of Pasco and is hereby declared to be within the corporate limits of the City of Pasco. Section 2.That the Comprehensive Plan of the City of Pasco be and the same is hereby adopted for the above described tract of land. Section 3.That said tract of land shall not assume any portion of the existing indebtedness of the City of Pasco. Section 4.That said tract of land shall be in Voting District #2. Section 5.That a certified copy of this ordinance be and the same shall be filed with the Franklin County Commissioners. Section 6.This ordinance shall be in full force and effect on February 29,1996. PASSED by the City Council of the City of Pasco this 20th day of Febru 1996. ATrEST:C£/d!;dQcd1G~ Catherine Seaman,Deputy City Clerk APPROVED AS TO FORM: flECOiWED !IT THE' RdUEST OF' City of Pasco rEB ZI 329 PH '96 ~8350 leNA G.LEI/PAR' FRAlir.LiII C~TY .IUDITORoEPUTY:J>?;;-tt-;-c"II HAIL TU,.~"""1j'tv""-<-- Cit·of Pasco -2- 528350 EXHIBIT IIi II River View Annexation Area #4a RIVER IlAVEN ST. I \\\\\l \I• ,HEHRY STREIT r-----T I...................-...............I, wRG}-JlET Si MARGARET S1 \:'1'·(f). (l ()I I ....... E ~ I'-D,--1 z PARK 51 PARK ST Ie Nn ~[J [J 1'- .0 I NlXON 51 I [](J co 1.., 0 Qrcn 0cr:: 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 DETERMINATION OF COMPLETENESS This notice is required by RCW 36.70B.070 FILE #s: Z2025-003 TYPE OF APPLICATION: Rezone APPLICANT: Robert Stutesman 1347 Country Ridge Dr. Richland, WA 99352 PROJECT NAME: Stutesman R-S-12 to R-1 It has been determined that your application for a rezone is complete for processing by the City of Pasco. These materials will be dispersed to City departments and affected agencies for review and comment. Questions can be addressed to the City of Pasco, Community & Economic Development Department at 509-905-2604 or gundersona@pasco-wa.gov referencing the file # above. Date Issued: 03/06/2025____________ Staff Contact: Aaron Gunderson Planner II, Community & Economic Development Department 509.905.2604/gundersona@pasco-wa.gov Low- Density Residential Medium-Density Residential Affidavit of Mailing In regards to MF# Z 2025-003 I, Carmen Patrick , hereby confirm that notification was sent by mail March 10, 2025 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 10th day , March of 2025 . Representative 's Signature 0 Com m un ity Dev elop me nt Dep a1t mc nt PO Box 293 ,525 N 3'" Ave , Pasco, W A 993 0 1 P: 509 545 .3441 / F 509 545 .349 9 PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor Ila me al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509 -545-3441. A public hearing with the Hearing Examiner will be held on April 09, 2025 at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington . Proposal: Robert Stutesman on behalf of Stutesman Development, LLC has submitted a rezone application (Z 2025- 003) from R-S-12 (Suburban) to R-1 (Low Density Residential) for two parcels with a combined size of approximately 0 .80 acres, located at 605 (Unit A & B), 609 (Unit A & B), and 617 Road 34 (Parcel #'s 119421047, 119421048) in Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code . Future site -specific development applications will be subject to SEPA environmental review and code requirements . Public Comment Period : Written comments must be submitted to the Community Development Department by 5:00 p.m. on April 09, 2025, to be included in the Hearing Examiner packet. If you have questions on the proposal, contact the Planning Division at (509) 905-2604 or via e-mail to : gundersona@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 .pa sco -wa .gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a recommendation on the rezone within ten (10) days of the public hearing. Prepared 07 March 2025 by: Aaron Gunderson, Planner II, PO Box 293 Pasco, WA 99301 (509) 905-2604 The City of Pasco welcomes full participation in public meetings by all cit izens . No qualified individual with a disab ility shall be excluded or denied the benefit of partic ipating in such meet ings . If you wish to use auxil iary aids or require assistance to comment at this public meeting, please contact the Community Deve lopment 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 1 of 2 22025-003 Zoning Map: Stutesman , R-S-12 to R-1 119392131 1193910 25:-3 119402076 119391141 119391114 119392122 119392113 119422018 119421047 1942204,_R -S-12 119421037 119421028 119422027 119421048 C-1 119422046 119421135 119422072 119422063 119421064 1194 2,1091 119421117 119421126 119421073 119421144 119422081 119421108 3i3i2025. 11 .38 17 AM @ .. 1:1 ,237 l , f)j_J"I I J i '") ., " ~ I I. 1-1 II · I ;· ,: ~:1 •l t l"': ll b ~.;·, .1··r. I:,· \l .1,.11 .1 -11 ·.1.u ·--, .. 1,,i ,. 1 ..... , ,. 11 -, , :-. 11 ., 1 • 1111,i .1·11·-. N -0 N QJ 0.0 ro Q.. '\ME ADDRESS )LDEN BELL LLC 20011 SE 140TH ST :OTT A & WANDA C CAYLOR 3305 W SYLVESTER ST '\MON VERA (ETUX) 2003 ROAD 80 !\RIA Y & JOEL A CARRILLO 5620 W DRADIE ST !\RIA I ZUNIGA CHAVEZ & ROBERTO GU2 3421 W SYLVESTER JSBEL SAENZ (ETUX) 3415 W SYLVESTER ST :NNETH & PAMELA ZIMMERMAN PO BOX 3286 1MES A & COLLEEN F MAGELSEN ( 109 E RIVMONT DR )RGE MARISCAL (ETUX) 825 S HARTFORD ST IRNA & GUILLERMO AGUAYO 961 DECKER RD JAN CARLOS RODRIGUEZ (ETAL) 3210 W ETHAN CT ~EG & APRIL JONES 3211 ETHAN CT :OTT J WANNER 3207 ETHAN CT _LEN W & ELAINE J AKERSON (TR 3226 W SYLVESTER ST WID L (ET AL) FRITCH 3308 W SYLVESTER ST f"UTESMAN , ROBERT F & MOLLY L 617 N ROAD 34 )RIAN CASTRO (ETAL) 811 MADRONA AVE ) ANN B MATTHIAS 515 N ROAD 34 JZ MARINA MARSHALL 3321 W YAKIMA ST ~EQUIEL CASTRO 523 N ROAD 34 _MER & CRISELDA AMAYA 1615 W OCTAVE ST (AN W DESCHANE 3225 W YAKIMA ST )NZALO & FABIOLA ALVAREZ 3215 W YAKIMA ST :OTT L GORDON 3406 W SYLVESTER ST '\NIEL & SUSAN E LOPEZ 608 ROAD 34 =>PER COLUMBIA CORP OF SDA 3715 S GROVE RD '\NIEL E AGUILAR 522 ROAD 34 \JTHONY & DOREEN OUCHAREK 521 N ROAD 35 !\RY ERLENBUSH 512 ROAD 34 MOTHY M HENRICH 540 N ROAD 34 CITY RENTON PASCO PASCO PASCO PASCO PASCO PASCO MONROE KENNEWICK PASCO PASCO PASCO PASCO PASCO PASCO PASCO PASCO PASCO PASCO PASCO PASCO PASCO PASCO PASCO PASCO SPOKANE PASCO PASCO PASCO PASCO STATE ZIP WA 98059 WA 99301 WA 99301 WA 99301 WA 99301 WA 99301 WA 99302 WA 98272 WA 99336 WA 99301 WA 99301 WA 99301 WA 99301 WA 99301 WA 99301 WA 99301 WA 99301 WA 99301 WA 99301 WA 99301 WA 99301 WA 99301 WA 99301 WA 99301 WA 99301 WA 99224 WA 99301 WA 99301 WA 99301 WA 99301 Published on: 03/12/25 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Cols Depth 14026 643662 Print Legal Ad-IPL02218860 - IPL0221886 Z 2025-003 Stutesman 1 67 L Debra BarhamAttention: CITY OF PASCO/LEGALS PO BOX 293 PASCO, WA 99301 barhamd@pasco-wa.gov, 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 03/12/2025, and ending on 03/12/2025 and that said newspaper was regularly distributed to its subscribers during all of this period. 1 insertion(s) published on: 03/12/25 (Signature of Legals Clerk) Sworn to and subscribed before me this 12th day of March in the year of 2025 Notary Public in and for the state of South Carolina, residing in Beaufort County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! THANK YOU for your legal submission! Your legal has been submitted for publication. Below is a con rmation of your legal placement. You will also receive an email con rmation. ORDER DETAILS Order Number: IPL0221886 Order Status: Submitted Classi cation: Legals & Public Notices Package: TRI - Legal Ads Site: tricity Final Cost: $215.06 Referral Code: Z 2025-003 Stutesman Payment Type: Account Billed User ID: IPL0018633 ACCOUNT INFORMATION Debra Barham 525 North Third Ave. Pasco, WA 99301 509-544-3096 cityclerk@pasco-wa.gov City of Pasco TRANSACTION REPORT Date March 10, 2025 2:26:27 PM EDT Amount: $215.06 SCHEDULE FOR AD NUMBER IPL02218860 March 12, 2025 Tri-City Herald Print Publication PREVIEW FOR AD NUMBER IPL02218860 1.54inches x 6.71inches 3/10/25, 11:27 AM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=210114&returnto=1/7 3/10/25, 11:27 AM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=210114&returnto=2/7 3/10/25, 11:27 AM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=210114&returnto=3/7 3/10/25, 11:27 AM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=210114&returnto=4/7 3/10/25, 11:27 AM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=210114&returnto=5/7 3/10/25, 11:27 AM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=210114&returnto=6/7 << Click here to print a printer friendly version >> 3/10/25, 11:27 AM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=210114&returnto=7/7 East North South West Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 Page 1 of 2 PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. A public hearing with the Hearing Examiner will be held on April 09, 2025 at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. Proposal: Robert Stutesman on behalf of Stutesman Development, LLC has submitted a Rezone application (Z 2025- 003) from R-S-12 (Suburban) to R-1 (Low Density Residential) for two parcels with a combined size of approximately 0.80 acres, located at 605 (Unit A & B), 609 (Unit A & B), and 617 Road 34 (Parcel #’s 119421047, 119421048) in Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code. Future site-specific development applications will be subject to SEPA environmental review and code requirements. Impact fees will apply. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on March 31, 2024, to be included in the Hearing Examiner packet. If you have questions on the proposal, contact the Planning Division at (509) 905-2604 or via e-mail to: gundersona@pasco-wa.gov. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a recommendation on the rezone within ten (10) days of the public hearing. Prepared 07 March 2025 by: Aaron Gunderson, Planner II, PO Box 293 Pasco, WA 99301 (509) 905-2604 The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 Page 1 of 2 PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. A public hearing with the Hearing Examiner will be held on April 09, 2025 at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. Proposal: Robert Stutesman on behalf of Stutesman Development, LLC has submitted a rezone application (Z 2025- 003) from R-S-12 (Suburban) to R-1 (Low Density Residential) for two parcels with a combined size of approximately 0.80 acres, located at 605 (Unit A & B), 609 (Unit A & B), and 617 Road 34 (Parcel #’s 119421047, 119421048) in Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code. Future site-specific development applications will be subject to SEPA environmental review and code requirements. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on April 09, 2025, to be included in the Hearing Examiner packet. If you have questions on the proposal, contact the Planning Division at (509) 905-2604 or via e-mail to: gundersona@pasco-wa.gov. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a recommendation on the rezone within ten (10) days of the public hearing. Prepared 07 March 2025 by: Aaron Gunderson, Planner II, PO Box 293 Pasco, WA 99301 (509) 905-2604 The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Page 2 of 2 REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, 09 APRIL 2025 6:00 PM 1 MASTER FILE #: SP 2025-002 APPLICANT: Cecilia Petrearce 1804 W. Sylvester St. #A Pasco, WA 99301 REQUEST: Special Permit: Operation of a Beauty School within an existing building. TIMELINE 02 February 2025 Application Submitted 14 February 2025 Application Deemed Complete 03 March 2025 Notice of Public Hearing for SP2025-002 scheduled for April 09, 2025, was posted on the City of Pasco website, published in the Tri-City Herald Newspaper, and mailed to properties within 300 feet of proposed rezone. 31 March 2025 Public Hearing Staff Report Published BACKGROUND 1) PROPERTY DESCRIPTION: Abbreviated Legal: LOTS 17 TO 20, BLOCK 26, HELM’s 2ND ADDITION General Location: 1532 West Sylvester St. (Parcel 112201055), Pasco, WA 99301 Property Size: Approximately 0.28 acres (12,196.80 square feet) 2) ACCESS: The property has access from West Sylvester Street to the north and via an alleyway, which connects to N 15th Avenue and N 14th Avenue, to the south. 3) UTILITIES: Municipal water and sewer services are available in the adjacent alleyway to the south. The site is currently served with both municipal water and sewer. 4) LAND USE AND ZONING: The property is zoned R-1 (Low Density Residential District) and is currently developed with a commercial building. Surrounding properties are zoned and developed as follows: North: R-1 Low Density Residential East: R-1 Low Density Residential South: R-1 Low Density Residential West: C-1 Retail Business 5) COMPREHENSIVE PLAN: The comprehensive plan land use designation for the property is “Low-Density Residential.” Comprehensive plan land use density table [Pasco Municipal Code (PMC) 25.215.015] states 2 that low density residential is to provide a “variety of residential housing at a density of 3 to 6 dwelling units per acre.” BACKGROUND Request Applicant proposes to operate a Beauty School, “New York Hair Academy,” within an existing building (tenant space) that was formally a Chiropractors Office. Site Approximately 2,600 sq. ft. of the 12,197 sq. ft. site is occupied by the footprint existing commercial building; a small portion of the site to the rear of the building adjacent the alley (southern side of parcel) is used for parking and alley access. There is also parking located in front of the structure. Existing off-street parking meets beauty school requirements as provided in the required off-street parking table located in PMC 25.185.170. History The site was added to the City of Pasco as a part of the 1889 Helm’s Second Addition to Pasco. Existing site was originally lots 17 through, block 26 of the original Helm’s Second Addition and has since been combined into a single parcel (currently cannot find survey/deed to show combining of parcels). The site was assigned the R-2 zoning designation in 1938 as a part of the City’s original Zoning Ordinance (Ordinance #0435); the site has carried a variety of zoning designations of R-3 (Ordinance #1485) to C-1 (Ordinance #3118). At some point before 2022, the property’s zoning was then changed to the currently zoning designation of R-1 (Ordinance# currently unavailable at this time). The existing structure was constructed in 1973 and with approximately 2,200 sq. ft. for the upper level and approximately 1,800 sq. ft. for the basement level. There were building permits for a 6ft. chain link fence around the stairwell going into the basement in 2014 and a roof replacement in 2016. Sometime between 2012 and 2017 according to google street view, concrete barriers were on the north and south ends of the eastern side of the building. The building was built for use as a chiropractic office, which it was in use as until the building was sold to the current property owner back in 2023. Land Use Regulations Per PMC 25.200.010 Unclassified uses, due to their nature, are deemed to require special review to consider, on a case-by-case basis, their impacts on adjacent uses, uses within the vicinity, and the infrastructure which would serve them. Unclassified uses may be permitted within any district where not otherwise prohibited. Per PMC 25.200.020(1) vocational schools, business colleges and other similar academic or skills training facilities or institutions not heretofore permitted within any district shall be considered unclassified uses, and as such, require Special Permit review. Per PMC 25.195.020(6) the Hearing Examiner has the authority to make decisions on Land Use Decisions described in PMC 2.50.080, such as special permits. STAFF FINDINGS OF FACT 1) Special Permit Application (SP 2022-002) for a Beauty School, “NY Hair Academy,” was submitted on February 11, 2025 2) The Application was determined to be complete on February 14, 2025. 3 3) Notice of the public hearing was mailed to property owners within 300 feet of the subject property and published in the Tri-City Herald newspaper on March 03, 2025. 4) Applicant proposes to operate a “New York Hair Academy” Beauty School within an existing structure. 5) The site has historically provided chiropractic services since the existing structure was constructed in 1973. 6) Approximately 2,600 sq. ft. of the 12,197 square-foot site is covered by the footprint of an existing structure. 7) The existing structure comprises approximately 2,200 sq. ft. for an upper level and 1,800 sq. ft. for a basement level. Applicant has indicated that the school will be operating in the upper-level area of the building. 8) Both front and rear areas of the property have off-street parking meeting the off-street requirements for beauty schools as provided in the table located in PMC 25.185.170. Applicant has indicated that there will be approximately around 5 vehicles per day visiting the site. 9) Hours of operation will be Monday thru Friday from 10 AM to 8 PM. Saturday from 10 AM to 5 PM, with the school to be closed on Sundays. There will be approximately 9 students enrolled per semester, centered around a hybrid class structure between online and in-person instruction. 10) The subject property was added to the City of Pasco as a part of the 1889 Helms’s 2nd Addition to Pasco. 11) The site was assigned the R-2 zoning designation in 1938 as a part of the City’s original Zoning Ordinance (Ordinance 0435). 12) The site has since been rezoned to R-1 (Ordinance # unavailable at this time). 13) Per PMC 25.200.010 Unclassified uses enumerated in PMC 25.200.020, due to their nature, are deemed to require special review to consider, on a case-by-case basis, their impacts on adjacent uses, uses within the vicinity, and the infrastructure which would serve them. Unclassified uses may be permitted within any district where not otherwise prohibited. 14) Per PMC 25.200.020(1) vocational schools, business colleges and other similar academic or skills training facilities or institutions not heretofore permitted within any district shall be considered unclassified uses. 15) Per PMC 25.195.020(6) the Hearing Examiner has the authority to make decisions on Land Use Decisions described in PMC 2.50.080, such as special permits. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT As per Pasco Municipal Code (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; Economic Development Element: Proposed use supports the goal of “maintain[ing] economic development as an important and ongoing city initiative [ED-1,Pg. 20].” Especially with the furtherance of one of goals’ policies to “Promote an environment which supports the development and expansion of business opportunities [ED-1-A, Pg. 20].” The establishment of a beauty school to further cosmetology arts, will help in the long-run to increase the amount of business opportunities brought by increased workforce training. Land Use Element: Proposed use supports the goal of “Increase community accessibility though proper land use planning [LU-4, Pg. 14].” By furthering one of the goals’ policies of “Reduc[ing] the dependency of vehicle travel, and encourage[ing] pedestrian and multi-modal options…[LU-4-A, Pg. 14].” W. Sylvester St. is serviced by Ben Franklin Transit’s Route 64, along with having sidewalks and bike lanes. 4 (2) The proposal will adversely affect public infrastructure; Proposed use will not increase the need for infrastructure improvements and is unlikely to adversely impact the existing infrastructure. (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; Proposed use will be contained within an existing building. The properties in the general vicinity are primarily mixture of commercial and residential. The site has historically been used as a Chiropractic Office; the proposed use as a Beauty School would not be in conflict 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; Proposed use will be contained within an existing building and tenant space. The space has historically been used as a Chiropractic Office; a conversion to add schooling as a use will not be a major modification or impact the general vicinity more than the historical uses. (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; The operations of a beauty school will not likely 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. (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 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 # 112201055, and any subsequent subdivision(s) thereof. 2) Applicant shall adhere to all Federal, State and City building, fire, and safety codes. RECOMMENDATION Staff recommends approval of a Special Permit for the use of LOTS 17 TO 20, BLOC 26, HELM’S 2ND ADDITION to Pasco located at 1532 West Sylvester Street (parcel # 112201055) as a Beauty School with conditions as herein proposed. 112201055 Outlook Re: Questions Regarding Special Permit Application (SP2025-002; 1532 W. Sylvester St.) From Cecilia Petrearce <lyamayenpedraza@gmail.com> Date Fri 2/14/2025 2:31 PM To Aaron Gunderson <Gundersona@pasco-wa.gov> [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open a achments unless you are sure the content is safe.] Thank you, looking forward to it! El El vie, feb 14, 2025 a la(s) 2:29 p.m., Aaron Gunderson <Gundersona@pasco-wa.gov> escribió: Ms. Petrearce, Thanks again for your response. The wri en responses, site layouts, and photos have been very helpful. We will move forward with processing the applica on. Staff will reach out again when the item is ready to go before the hearing examiner or if we have any addi onal ques ons. Please feel free to reach out if there are any ques ons or concerns. Again thank you, Aaron Gunderson | Planner II | (509) 905-2604 | 525 N. 3rd Avenue | Pasco, WA 99301 | gundersona@pasco-wa.gov Notice of Public Disclosure: This e-mail and any response may be public record under Washington State law and subject to inspection and copying by the public upon request. Accordingly, there can be no expectation of privacy. From: Cecilia Petrearce <lyamayenpedraza@gmail.com> Sent: Friday, February 14, 2025 11:11 AM To: Aaron Gunderson <Gundersona@pasco-wa.gov> Subject: Re: Ques ons Regarding Special Permit Applica on (SP2025-002; 1532 W. Sylvester St.) [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open a achments unless you are sure the content is safe.] Good morning Aaron, how are you? Yesterday I took some photos of the building and drew a plan to show the idea of what the academy will be like. I am attaching photos of the building. I do not need to do any remodeling since it has the 3 electrical outlets in the practice area and electrical outlets in the manicurist and esthetician rooms. Thank you for your attention to my application. 2/27/25, 3:12 PM Mail - Aaron Gunderson - Outlook https://outlook.office.com/mail/id/AAMkADNmZGE4NmUwLTY4MDUtNGY2Yi04ODZkLTk2OWNlMTc1Yjk3YgBGAAAAAACBpB1MX6OoSYhXnytGEnt…1/4 El El jue, feb 13, 2025 a la(s) 5:10 p.m., Cecilia Petrearce <lyamayenpedraza@gmail.com> escribió: Hi Aaron, I understand my confusion. I will accept 9 students per semester. There will be no changes since there is a sink inside the rooms. I assume they have them because it is a doctor's office. There will only be 3 barber stations since the programs are offered with 50% online and 50% in person. We will not add more outlets; the building has enough. I will not make any changes inside or outside. Thanks for the clarification El El jue, feb 13, 2025 a la(s) 4:39 p.m., Aaron Gunderson <Gundersona@pasco-wa.gov> escribió: Ms. Petrearce, Thank you for your response. Staff greatly appreciates the quick response. However, we have a few follow- ups regarding the response given. The original ques on regarding enrollment is about how many students would the school serve within a quarter and/or semester meframe. Staff is already aware of the proposal being for a cosmetology school. Nevertheless, we need to know how many students are expected to be enrolled at the cosmetology school. The last two ques ons that were sent, concern with the type of work that is being done to convert the building from a chiropractor's office to a cosmetology school. For instance, how many salon booths and/or how sink basins will be installed? How many electrical outlets will be added? In other words, any interior and/or exterior work up to and requiring a building permit (electrical and plumbing are just two examples) needs to be noted as part of the project scope of the special permit. Staff requires this informa on for our analysis, so that we can be er understand the various health and safety impacts (if any) associated with a proposed use. Especially when said use is listed as an unclassified use within the municipal code [Pasco Municipal Code (PMC) 25.200.020(1)]. An unclassified use "...due to their nature, are deemed to require special review to consider, on a case-by-case basis, their impacts on adjacent uses, uses within the vicinity, and the infrastructure which would serve them (PMC 25.200.010). Please feel free to reach out if there are any ques ons. Again thank you, Aaron Gunderson | Planner II | (509) 905-2604 | 525 N. 3rd Avenue | Pasco, WA 99301 | gundersona@pasco-wa.gov Notice of Public Disclosure: This e-mail and any response may be public record under Washington State law and subject to inspection and copying by the public upon request. Accordingly, there can be no expectation of privacy. From: Cecilia Petrearce <lyamayenpedraza@gmail.com> Sent: Thursday, February 13, 2025 10:16 AM To: Aaron Gunderson <Gundersona@pasco-wa.gov> Subject: Re: Ques ons Regarding Special Permit Applica on (SP2025-002; 1532 W. Sylvester St.) 2/27/25, 3:12 PM Mail - Aaron Gunderson - Outlook https://outlook.office.com/mail/id/AAMkADNmZGE4NmUwLTY4MDUtNGY2Yi04ODZkLTk2OWNlMTc1Yjk3YgBGAAAAAACBpB1MX6OoSYhXnytGEnt…2/4 [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open a achments unless you are sure the content is safe.] Good morning Araon, nice to meet you. I'll be answering your questions about my special permit. 1. New York Hair Academy is a Cosmetology school where students are prepared to obtain a Washington State license for careers as Manicurists, Estheticians, Barbers, and Cosmetologists. 2. Hours: Monday through Friday from 10:00am to 8:00pm. Saturday from 10:00am to 5:00pm. Closed on Sundays. 3.- 5 vehicles per day. 4. There will be no remodeling of the building. 5. There will be no improvements to the building as it is now being adapted for the purpose of the Hair Academy. If you have any questions, I'll be happy to answer them. Thank you for your attention. Cecilia Petrearce 5099876841 El El jue, feb 13, 2025 a la(s) 9:48 a.m., Aaron Gunderson <Gundersona@pasco-wa.gov> escribió: Good Morning, In reviewing the special permit applica on for the hair academy, staff has determined that more informa on is needed regarding the proposal. Below are the ques ons staff has in regards to the proposal: What is the projected enrollment for the hair academy? What are the projected hours/days of opera on? How many vehicles trips per day would be generated by the hair academy? Are there any plans for an addi on to the exis ng structure and/or improvements to landscaping, if any? What kind of interior improvements are being done to the building? Please feel free to reach out if there are any ques ons. Thank you, Aaron Gunderson Planner II 2/27/25, 3:12 PM Mail - Aaron Gunderson - Outlook https://outlook.office.com/mail/id/AAMkADNmZGE4NmUwLTY4MDUtNGY2Yi04ODZkLTk2OWNlMTc1Yjk3YgBGAAAAAACBpB1MX6OoSYhXnytGEnt…3/4 M: 509-905-2604 gundersona@pasco-wa.gov | www.pasco-wa.gov City Hall, 525 N. 3rd Avenue, Pasco, WA 99301 Facebook LinkedIn YouTube Instagram This e-mail and any response to this e-mail may be a public record under Washington State Law and subject to inspection and copying by the public upon request. Accordingly, there can be no expectation of privacy. 2/27/25, 3:12 PM Mail - Aaron Gunderson - Outlook https://outlook.office.com/mail/id/AAMkADNmZGE4NmUwLTY4MDUtNGY2Yi04ODZkLTk2OWNlMTc1Yjk3YgBGAAAAAACBpB1MX6OoSYhXnytGEnt…4/4 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 DETERMINATION OF COMPLETENESS This notice is required by RCW 36.70B.070 FILE #s: SP2025-002 TYPE OF APPLICATION: Special Permit APPLICANT: Cecila Petrearce 1804 W. Sylvester St. #A Pasco, WA 99301 PROJECT NAME: New York Hair Academy It has been determined that your application for a rezone is complete for processing by the City of Pasco. These materials will be dispersed to City departments and affected agencies for review and comment. Questions can be addressed to the City of Pasco, Community & Economic Development Department at 509-905-2604 or gundersona@pasco-wa.gov referencing the file # above. Date Issued: 03/07/2025____________ Staff Contact: Aaron Gunderson Planner II, Community & Economic Development Department 509.905.2604/gundersona@pasco-wa.gov h1 ity ,),. 2, , 1 or in c 1. 2. • • 1 • • ..>• • .,:r-ver d o ,- "'"-.-, l on C 11 o • • e 1 iv1 • int - (1) t. 2} • 1 • • • • ( ) r i shall be a r.r~nt t. rd hnv1 n o1nimu: epth ~---.. Ynrft: P or buildinss of two ~ e l etorios or less in heig ht • 1<'1 yard roquircments for li -1. Ii oo1 dential District eball apply . or building~ m~re than t ~o otorio a in height, t 'he width or tb ide Jards sho.ll be 1ncreeseci by ono (1} foot for \lach e.dd1t1onQl story . 'l'h1a addi t1o na l e1dtt yard is not req_u1l•ed for tho s ide ot a corner lot on o. fl~nkirut st:t>aot . roar yard havlng a minin:um dc ,pth of n ll.:ll reot, oxeept ttwt on a lot which in n complet(l unit hold under soparo.to ana distinct ownership from t h e adjoining lot a and of rocord prior to the taking offoct ot this ordins.nce, thi d.epth or rccr yard moy. be rvduoo d if n ccoostlry to ::~uch o.xtent only as will povrait a building doptb o:r t h irty (50} i'eet. • 2 ., 3 . • • n the C-1. Comworcinl District, no uHed and no building shall be ltorod unleao otb~rwiso pro- xcept f o r one O!' zr.ore or the folloVJ- 111 u ne p ~rm1 ttod in ('lao a f.-1 and 1\•2 r~ea1d•nt1sl Dis• trict . Rc;tail storoG and shopa;~ limitod to uses noadod to l.,csldential district, suc h .o.c g.r'ooery atoz-c • ;meo. t retail bo'kery, drug etore , confectionery atol"e, orv1cu .sto.roa or pa:rloro, covine picture th6e.ter uses ~i~11~r to the nbovo. ubl1c garage's • service atnt .1ono, and rocreational c nter- Pl'it:e1?. aro allowed , nnd all wholo&alo snd retail Clel'ean- til e ea tebl·isbmontr:; mEinutueturing cstabl1ahmonto employ- l:ng n ot more than ten ( 10} poruons shall be pel"mittcd . uto wrooking yard a or yardo used for the stor1.1ge or u aed bc.ll n .ot be pormittod except u.pon pormit obtained .from the Commission, 11li1ch suer po!:'l!lite shall not be 1aaue<! for periodo exesoci1ng theoo ( 3) 7e.J.rc, but may bo .r•enewed upon nov application . Laundri\,..J ~-'ld clconirl{\ cstab lish- ..... lto irs. opcrntion l ... t the timo or offoct ot this ord1n- s.o tJ e·ball be permitted. Lumber y~rdo, coal ·and .fu(ll :i ····~Jo, aboll not be permitted . 'Tho storage or g asoli ne nnd ·o1lo for re$o.lc at wholonole is prohibited, b ut their storoc e in qun;titie,s sufficient only tor .a&le nt retail in connection with ~· aorvice ata tion or gattage la per- ittod . !:lachino ahopa and YJnrohousea Dhnll not bE) per- m1 tted o•cept upon pero1t ob·tn1ned :from tho Collll!lission, h1cb ma-y be 1&aue'd after a benring upon a.vP~ic&tion tborefor • .and an c~minat!on o£ tho prvmisoa 'by ·the c om- m1afl, -.. cm d ito ci etorm1nat1on tbnt suoh maoh1.na shop or re 0..1~(} will not be unduly detrimcmte.l to odjo1n1n ntc.. .. _r4 ;;.cca by the omission ot duet., noise o:::' vibration . :~.'ho (ommiaeion f!lay permit tho loc&tion in CorrJJcr c ial .Dis• trte·t, C-1 , of any enterprise commonlJ carried on itt tho buoinos·s districts c!' ~:onns of similar s1 ze \Jhet•a thtJ <.'om ... 1ac1on do t~'rl!.l1noc that suc h entorpriao,;: 1n such Conmer- cinl Uiatr1et would not be f or an~ reo a on detrta:o n t n l to the t~t\t 'into:recte o:t tho <;itr of Pasco and t h o in- hatitsnto 1Le•aof9 Prr~i c'ac., tho.t at'ter t.be eftectivfl date of thl~ r(Unnncw . -lV .mildlna shall bo oreotod t!r structurnlJ.J ltor()d to provide for servico a ta tiona or-public gc.1 •• Strto~. betweon tha center line or . t &nd t.l '10' on·tvr line of F ifth Street, nor { 4) on Yourth Aveu.;. . 'botwcon th() ce.nte:r line of Shoshone S trG~t tlnu th6 ct nto!' llno of Colut.11bia Street . ~1nd providocl, .fut't'1f.r 1 ·tho. t till serv!.ce a tationo and gar- goa located in Commercia: r istr.~.ct, r-l , munt bo equip- ped uith sanitary levntory ail< .... t(Jilet facilities for bot'b mon and women, soptt.rato &nd upa:rt f .ro01 oacb othe-r, nd ~ucb fncilit1ea shall bo nn integral pnrt ot the mnin bu:lldinr., and not acparate or 0etached therAf'rom. Ho 1 m1t I .. 1cit; ~'honovoz• .~u.l.y C-1, ( o :::.co .rcial District !.e locat<td ilthtn or :1a ndjacont t(l, on two or m o1•t.~ sidea, any n-1, r:csldon- tlal lJiatrict, the buildings in ouch G -1~ C.on:mc;mc!al I/istr!ct aha l l b<J linitvd to ono (1} story 1n height, 'Provided houo·.re1', that "ho Commission muy allovf v. building to bo o .rected to a·n addi .. tiu'•D..L height not: ezccedinc two additional a tor ion, b~ special permit aftor public hon.rins and exan1nation of t h e location upon due ~~oof to the satisfaction o r the r omm1sa1on t bnt such edd1 - t1oncl height 't11ll not be 11nduly dstx•imcntcl to Hdjacent and ~t;r • round1mJt property . rent and :t•e~tr -yar d to be the ao.cme as in 'Qb\lao boundaries tho C-1, ConmiGl>cial section '!. l .. !t'ba ttoirs • ired excspt for co t and olao for lots whone side tho r~-1, t~anu!'actU!'iflC Listrlct , unod fol~ any usc excopt the fol-. . ., • ncotylcm.o Ges oanw."'o.cture or storagtJ . 3 . Acid 'runnufe.cture. 4 . A!l11llonia, .U la tich1ng poY1der or Chlor1no :aumu!'actUJt ~~:,. 5 . Aruenul. 6. Asphalt zr.anu i'~l"'~~\J.I'e or rot,1n1ng. 7 . Blast I'w•nace. 6 . u ~s cleaning . 9 . Cellulo.trl ma11ufacturo. 10. Coke o vens . :n . c rema t'1 :ry • l • Orooeoto ·tr·J"G·jt)nt O'' rnanui'acturo . 15 . Dist11lat:..on 0.1.~ L.:we ... , Coal or V~ood . 14 . Fat randor1~ • 1~. 1;'ort!.l1zot• mu.nufacturu. 15. P1rework3 or Lxplosivfl manufacture or storSJ::o . rt. F,lah f:moki.A'lg and Cur1.Jll;• 18 . Gluo, .~.azo cr Go lstine manufacturv. 19 . Gunpowder manuti\c,turo or a tot• age . 20. .!nciner•ation or !~a due: tion of Oa.rbnge 1 • t~44d lmimal3, Ot~a l or F.ofuut.. 1. Oil cloth or L.lrH)lG um munufo.otur". £~ • Ore Ro~uetlon . 2!. Paint, 0 1 1 , Sbelloc, Turpentine or Varniel~ mnnuftar;ture . 24 . Potu3h Tiorlts . 25 . Rock G.ru.tl t.'r. 26 . Bolling l 111. ;;;7 . Rut:bet• o,.-v u\itn Porcb& manui'!icturo or troe.tmcnt . 28 . Ct&l~lta:r~. !19 . E\oap t:umui'ae ·tur~. 30 . Stock Y~rds . { ~~ i ot!on 8 . 1. Stone flill or ~uarr, 3~. S toraae or Bailing c.f ,S crap Pape.r, Dottl e c. Il1 0ll, s or Junk . ~3. Sulphuric., Iatric oT· Uydroch1or1c Aci(l manufac':.u'l"'e. 34 .. Tallow, Grona(J or Lord mmu!'acture or re.fin'!.nP f.~.-om n1me.l ro.t. 35 . Tanning, Cu:r.lng or storn~c of Rnv l!idE)s or tkins . 36 . Tar !)ist1llB.tion or 37. 'l'Qr T~ooring or 1J ater Pro(')flng mannfacturo. 38 . And 1n gonerdl those uaes which 'bnv•' boon d<1c.:...a ... od to be nt'tieanccu .in any court or r~cord, or v:r : ~~-en may bD obnoxious or of.fons!ve by reason of emiss~::,n ~t odor, dust, nmoko, ~aa or no1ao . o t'ront ye.rd 1o rcq,uir • o t•eo.2• oya:rcl ie r-c.q uirced O.i!Ccpt where tl t~tlnu.:!'ca:tt~ing on a Ros1\'iont.tnl Lietrict with no 1ntervon1ng stroet hich cane a re&r ynrd of not less th a n ten ( 10) feot rd is required except 17horo c. ~anut'actur1n r6s:tdentiel d1ntric t ui tll no 1ntervenine strcot coso thv Dido :ynrd l:oqt:i'!"emon ts on the ndjoln ame as .required for the h-2. re ai{1ent1nl Di~trlct. ..n tbo n-1, I:esir.entic.l Diatr1ct, no building 1'!.vo (.36) i'ent nor t~o (fl) stories . !11 tho E-.... , ot S ixty•fi v G&!dontlal District, no bu1ldint; sbnll .65) feet nor £1ve (5) stories. xcccd u boight I.!l ell \'t! .. .:. • d1otr1ct bu11· ir: ./~ 11 c~coetl atc.ri<':t• .,ect1on 9. xccp'ti the C-l, Cornmerciol District, no hoiv~t ~f o1ghty (80) ~eot nor s1~ (6) 1 . Vront Yu rd: Vih ere e:ny fron.t yard is r-equirad, no building a'hell &5'nc.J9o.af t or erecteti. or altered no that any portion tberoof' &hall be nearor the front propGirty line than thf'l dist anco !.ndino_ted bi)' the p~h ot ·tho required .front ynrd .• , torrncoe 1 plati'or1. ,~nd not oVf'>"!" for t y•tWr\ inL~hes .in £rent ynra . Fencea not; over fo1 &~·tuo it icl1ca b1gh muy bo l:u11t TJ1th1u a. fpont yard . When oro ., on :tront foot ·bae1a, ~f all ·th ro:>er-ty on onQ s1dtl of e ~~treest ootwoon two intt~rt>acting ntr~ota t thE; t!uo or paaat:~ns of th!s ,o rd1nanco, ,bas bcon b\,11 t up l71 tll bu1ldi1\8S ha\'1%18 a m1n1!.!1Un1 i'roat yard, or moro, or ol? lea s depth thnn ;;. ..... t oatabl1obod r; +~is ordin.anco, .. n .: ~ovidod the. t the jC"' .... i 1.:" iJf' sucb front ;~•;•Js do not varo:y ~1or-·f' t..han s1x teet in dept~, !'lt') tJUildi ng Bbcl ' • "I built 't!i thin, (', t~he.ll anr 'O:"'.,..,ti(,n, vs ao .t.tbovc exce.ptc. , 1>roject into ., such minimum froh ~> ,-ard; prov1doc! f'.uotao r • that n~ now bu1ld1ngo bo ztequir()d to o,.t bac~ :oro than thirty•.t'iv~ (~S} toot from tho street line in tho H·l , sidontiel Distr1ot;, n o t 1 more tl1c.n .fifte~n ( 15) tet;t !"rom tht~ ( 6) street l.ine i.n the 1:-2, fl.:Jaidential District , nor more than two on foot farthci:' tllon .eny building \ln bh adjo1n1ng lot J and that • "ls roguletion ohall not be ao int(irprc t ed ao to ;oeduce a re- , 1.r-od front yo::~d to less tbnn ten { 10) .t'eot .in depth. s.t ~het•e nny spocltied oide yard 1 hor~artcr erectad or oltor 11 b6 nearer to the ,!lide lot j:) ·d.dtll of the requirod s1 required~ d so thnt an~ line than ·tb yard. dia- ovorntha l'OCili!.retd 2) :teet. ceec.sory buildings when erocted ao thot tbo ontix•e building is w1thitl n distance of thirty (SO) f'eGt !"roo the r·cc.x· lot lina. ay ale~ occupy tho side ynrd on an 1.ns1do lot lina . not ovor forty-two (4f!) 1nohen high may oocup ui:ci joint requoo t or the cm1wr .s of jo1n"~ pJ•opertiea, pcrmi t the Elrvction of pri vs.te cnrnges or other i:u:.itrni n~s outbuildltl{;S upon or immediately ndjecent to tho division lino between tbo t\io properties, o..ftcr Qil examination o.t" tho loca- tion nnd ·tho t:nk:tng of a £1nd1ng that the erant1ns ~r such permiA• sicn ~ill not be undulJ detr1montal to ad j acent nnd surrounding :ue ... " no~ tc: .<.;~c zone in uhich su..ch permission 1s granted . ntod unr_er tho foregoing provislon shall be limited to of the otructure o!' structures for which 'iihe~ parmi t 1a .ny spac1!'1ed rear yord 1o requi,..f'd, no nfte:i:' o:roct(ld or altered no that o.n nearer to tho ronr lot linG than tho d1atnncc of tho required yard . , ~ornh:aa, stoopn, plat. forma und roar oncloaod or not, but not ozceoding in widtb that of tho building nor more than ono ·otory .in a.:v !lXtend into tho roa r j"D.rd • Acco~sory vuildings .y bo h'.J.1lt w1th1n u rocryard . Section 10. ~ jtJ . ·tha .. r tlcu~ar vested. (1 ' the p::•ov1a1ons or th1& ordinanec thr;~ ta for the p~omotion or and general welfare~ t11erofox·• tho hoi&ht or buildings, or ra • 1cpoDod ~n·· requir-ed bJ ethel' lawn he provisions oft h1o ordlnancG aro certain U!lEHl o !' pro{.)fi:t' ty the pn.bl!.c health, safety, upon t.:~e facts of each ,pnr- subjoet ·to review by the City Cotmc11 sto hersin ?rovlde ,.~. ub jf!et to such rev1ow. the. Commiatolon (or thL' 'rHJJl\,;11 on review} ;;;ball !..r. ve pov10r to placo in euch parmi t; condi t.!.jns or lim! tn t1on in ite. judemont :roquirod to aooure aclGQullte prc..tilc.tion to the zol'.e or :.i.ocelity in wb1<:h the use is to be pcrm.ittCJct . Likot"Jisc eubj~ct t:;:. suc.b roview • the Com:nl snion (or the Cet;mci ..!. en !'"eviow) 3bal1 !blolv e P~\iCr to t(lrm1nt!te any such parmit, upon compl.aint ll:':l.'l ·pn:-11 .. ~ hen!"in3 • for e.ny ·violutlo~ of tho tema or limi'ta.ltions tl:'G'!?c.'1ln prcsc!•ibca . 3 . 'l.'he Commlsnion me:y per.mi t in n zone o:ny· usfl not descru~.~d in tbie crdlno.nce and dcemod bs the r:o!l'lm1sa1on. to be .1&1 r .. n c~al k 66ping with tho uaos authorized in euch zone. • The C.o~s.bion may grant in 'l..mde ·v('llo,)t ll aoctions o:: th< C .i ty, temporary and cond1 tioncd porm1 tn f'·.-~~ not moro t .Jan two-t·ear :periods, for si,.ructures and uaes that uo nut conform w1t;b tb,~ rct::u - lationu herein prosci.>ibeo for the zones in *' ich thfiy e.ro lt. cated. 5 . .In apac1f1c · cauen the Gommiss ion may autlwri~e by pnru;;1 t 6;i variation or tbQ application of tho use .d:tst~1ct roculet1ona herein estn'bliebod, in harmony with th<Jir gon(.;rQl purpose nnd intent, by c:ro.nting n permit ~or a tc3porary building .fo1• comiOOr<' aod industry 1np a rosid.enco ~ietriet, which 1e incidentel t o ~e reei• dcmt!nl Cevelopt:ent, ouch pe:rmi t to be iooucd tor a pt.r 1' ~ ot not ore than ono yocr> • 6 . T1H1 Cof1101os 1on may, 1n spooif1c cnsos wboro tl1e topograp·,y or the premiseD <.1~ t}Jo locution of build1ngo ox1ot1ng prior to M1et passage or this Qrdinance ma~oG complio.ncfl wi tb tho .Provit)iena sovorn1ng tb(J location of pr1:·.1ate garngas lo.pooniblo~ ~'}rant u npe- oial pormit !or Q private garago to be locatod noaror to the at~cet line than sixty f.eat but 1n uny case wbel'G such loco.M.tHl ts wl~\!.':'l a required !'ront or side yard, tbe h!ghet1t point or ~ building oo locatad shnlJ. not 'be ;mol"Cl ·than thirt,y (30} 1rJ.choc ntro,ra Uio nvorage lovol or the g!'ound on the aide .ro..rtboat from the 8 tree·t l1ne . '7 o It a hall be the duty o .r the Com:.tiss! t.>n. (a)_ To int erprc t the provisions of t 'h 1s or.d.1r.au.cG --~, such a way an to c~rry out tho :1.ntont end purpoao or d".:' ;:>1-.:..a thoreo!', na .shov;n 'by the maps fi;r!n~ th~ several d:!.strt r-t%::1 . (b) To rule on tl:!G :;roper application or to interpret tb meaning of tho zon.:..tl!~ ordinance .1.1'1 cunc th~re ls n dtsputo betwoen the admi.n1sr;rati ve o.f.ficiala of ·the City e.nd cmy owner or owners of proporty. l1.npeal to the, Gom.~iss lon ms.y be made within ten clays !rem r\:4 lk' ruling. Appellant shall file w1 tb the building 1nspoct0l ~n1 with the Cormn1so:ton wr1 ttcm :.aotice ·of the appeal . Tho building .inspacto!• .sbo.ll !orthwi th t!'Wl8• cit to the Ct)nmliss1on all pspors constituting the r"oord upun which the notion appei.led f'rom wan taken, and in li4ddi·t1on tborCiltO t 'he ComiJ1nai,on may reco1vo t~uch nddi t1on3.l cvidGnee na seems to 1t rolavant. z.;ection l!_. ~122 oals to .C ity Counc:11: AnJ intereGtad <;i tiz<lr:: o~ admin1atra.t1vo oi'ficer of tho City m~:ry appeal to the City Council from any ruling o.f thG Cocmission p{jr- to.1nlng to tba gra.ntir::-o-denial of any porm.i t ·ap.vl1et'l f o r hore- Wlder when such rulinb i::. advorso to bin in·to.raeto, by £111ng wi t.;h the necretary o~ tho c..... .ssion 'CJ1th1r. ten ( J.O) ·daJS 1'J>om ~uch ruline a written notice of appe&l . Thereupon tho .U Gcretary or tb Comr.ds:Jion ebtdl foPt.bw.1 th trnnsmi t to tho Gi ty tou.."'lcil all P'P ers (8} conot!tuting tbe record upon which the action apyee.led from wae tak•n n n d i n addition thereto , tho City Council may at 1ta hoar- inS 'l~ooeive a~cb turt'hor evidence s.s ee&ms to it relev£\r..t . Upon due nnd public hae.l"lng, the City Couno11 rhall hnve po1'te~l~ to over- rul,; or altur any such .ruli41G of the Comm1ss.1on perto.inin.r: to th~ .srt:n.t 1ng or withholding of eny pormi t so ap,pJ.:?ri fo-r . The b o undaries of the var1oun diat.rtctu herein ?rovlded !'or ohnll .., ae f ollowo: 1 . .... tnrtitle; g"t; a point on tho north• )oint 150 .t'oc:Jt onst of the north- clfi<! Firat Addition to rusoo, ash1n0 tcm; thcnoc running south on a l ine pf.U'e.llol to th t~ e a ·storn line or Horth Fourth Avenuc-; and po.rnllel ui12l the cc.storn line (I f orth Third Avenue and cont1nuint; south, parallel with tho a aiu 11no ot Hortb Third A.venuo • to the center l i n£· of St.os b one thence wast on the centor l.1no of Shoshone Stroot ·t.o the cen-· of !k•rtb F1.fth Avenue; thanco S(')Uth to tho "lle~ y·un- d ·west between Donnoville St r oct acd Clerke ~;treetr thenco venth ltv~nuc; thence .eouth to tbc cent ~,... li:1e of Clarko on tho center line :>f Clc.rko , 1.r e )t to liorth t; ·thoncc r.ortb on tho center line o£ --:rtll Tonth Street etlo.n of Yakima f.treot m d rfur:t-ay ilvenuG; thence nor tiJ on MUl'l'SJ Streot to thence ea. ,street to northurly to Sylve3ter Gtrcet; tbon~e tJeat on ByivGs tct• Luono S't.raet; thonco north on Lucas !}treGt to Henry ~·t r(jet J t en 'Honry Stroe·t to AU:t:'elia ntroet; thence n o rth un. .Aureli a tho northerly limits .or tho CityJ ·t;nenco os.at alontt th6 boundar)' of tho City to tbo placo of b£~R1Tl!rinR . 11 th clurod and r H-l. ~roperty within t~10 boandar1cs ubovt'l·deocribtjd 1 to bo in l~as1dontial, r-1, and aubjoct to nll tho ulutione in t.h1s ord_1nancc provided for rio.oidenti o • • follow1ng-deocr:! b~d prcpcrty aha.ll in Com::1ercial D.i.otric·:., C-1, t~·witt rsection of : aD t rolumb1n Street m d Taco venue; thence WE)s ·t along the center line of .•ai.d Calumblu Dt1•eo t t..> 1xth Avcnu.o; thonce north nlong the center line of ~1 i h r.vcitue to Clerke StrtHJt; thence oa:~t to Pltth !.:.troot;; the.nce .~ .... ~h to tbc centet• line of \Jost Shoobone :Jtrect; thElnca vast olont l.t oentar line of vest Uhooho ne Street to Third Avanao; thence south on Tb1rd Avon~e to Bonnevillv Street; thence eaat on Donnavillo Street to 'l'acoua Avonuo: ·thonco south on Tacoma Avenue to tho place of beg1nn1r.g . 11 proporty within tb eluded 1n Commercial D1 t1on~ nnd proviaiona in ia·t D1ct, C-1. 11nos eo descr1tc;d ehall bo d~emod to \'~e in• trict, C-1, and subjoct to all ti:1e reett!':r- this ordinance provided :for ouch (!ommt~"'.:tnJ • .~-~mufacturina D,1str1ct, r -_!: Jill ths following described :'rO- pe:rty shall be 1ncludea in IJanutacturln,g Diotrict. 1:-1: Begitr 1 :1 •.. at tho center 'Ot the 1ntersootion or ri eat C"oluobia Street ''l'acoma Avenue and proceoding west alone the center line o:f Colt1Jllb! Street to Tontb Avonuo; thence south on the eastent line or 'l'cntl'1 Av enue to a point 120 foct no:t·th of the north .line o1' "'An Streutz tbonco oa~t on a line running parallel to tho north lino of llorth h.a,' ~~~eet to the 1nterooct1on with South First Stroet; thence south to north lino o:r 11 Ji" Street; thon~c east on the no:!'th line of ".i} est to South Front s ·troct ,; thcnco nO" tb along the ceut<lr linft o .. Fro nt St-reet to ·tho intersection with the con to~ l1nr. of Columol Street; thcnco wus t to they placo of ,beginning. (9) .. ll property lncludod within said boundar1Ga ~re to be cubjeet to the reotrictiona and provln!ona ·in this orodinance provided for r:an- utactur1ng lliatrict, ~-1. 4·. !leoido~t1al Diatric t, .·~: All pro:porty within thti corporate l1m1t~l or tho city or Pa!lCO not ueocrlbfld ns bf)ing w1tb1n the bound- aries ot Reu1dontiL·l ·!strict , li -1, o'l'" of Commercial Dist!"ict, C-1, or .. anufactur1ng Dis tr·1et • TJ -1, el•all bo and 1a horeb) decl..;.rttd to b~ 1n 1 es1dent1~1 l 1a t r1ct, P.-2, ana "!hall be subjected to all tb re~ule..tions nna rest; .... 1ct1nns provided for such R E~s1dent1el I!istr1et, :R -2 . Provided 1 how6 ver 1 that p1•operty of tbc Nort'hern Pacific Railway Compafl7 lying nortb of Columbia Stroet and east ot Tacolll.Q J.vcnue and west of .Horth .Frcrt <:treat and extending north to the G1ty Limits is het>eby axprec:Jli 9X'-'luded from tb(• provialona or tb1 or·dinance . To facilitate t he underatQndlng of the torritory em.brnoed wh1thin ths vnrioue districts herein provided for, ttw Comm1se1on han oauaed to be prepQred a map of tho r..tty o!' Pa sco on \1-l ich !s 1n~ lea ted• in appropriate colors, the boundaries of the said Bovet'al c.aintriota, ·hicb said nap han bocn nuttH'nticat:Jd by the e:ignatures of the C'halr• man nnd Secrt.;tary of tho Cot..Jlueion and placed on tile in ·the ofi'io ot the City lcrk. In tho e\e:1t of &ny discre,Pancy betwoon the boun- daries ee 1ndicatod upon aucil nap and the boundar.iea as deseri'bed in this ordinance~ the provisions of tho ord1no.nce sbell prevail. :Section 15. Fntorcement. J:t shall bf'" the duty of tbo Building I n•.pector to soa that this ord1nano& 1& enror·c,.J through the propC:lr legal channela . He shall ia!lue no PE."'mit .:or tho construction or alteration or any bu1la1ng or-part tberoot unleao tho plans, apoc1f"1cat1on':l an~ intended use of euch building contoim in nll respects w1 th tbe ·provisions ot tb1a ordinance . Plat•: All a..,pl1c6tiona ro:r building peralta ahall bo accompanied by a plat in dup11cnte drawn to scale, showing the nottml dimension of the. lot to ~f built upon. the s1ce, uee and 1-:.~t.tion vf existing build1DbS £i.nJ buildings to b• erected, and such other 1nfort:atlon as m.&J' bo r.ecenJsary to prov.ide tor the Gnforc*'&nent of ·this ordinance . carer:.~~ record of aucb application ano p lats shall be ltept 1n the otf1c4:1 ...,f tho building inspector or p!'oper f)ntorcement official. Section 14. Amenchnonta • . 1 . ih& City Council may, ·1.1pon }>ropor pot1t1on ana after ,,u'blio hear- ing and with tbe concurrence or the planning commission, chango by ot-dinance tho district 'bouudary lines or zono olaas1f1catio~:w as ohown 'n th& district ma:ps . 2. Tho ·tit1 Council maJ., upon 1tn own m.o~ion and td'tt~:r puLlic hear- ing and w1tb ·tho concurrence ot the .Plann.i.ng commlasion. amend. supple• ment or change by ordinance tho regulations haaein established. 3 . A ~at1t1on .fol' 'nango of zono class1f1cat1on or diatrict boundar·' l1nea shall carry the co·nsf"nt or tho em era ot not leas thm f1tty- ono ( f.l) percc.rtt {lb.1 area)· ot all t;>ropert7 wlthi.n a d1stm ce of tm bundroJ ( 200) i'ee~~. atret)ts Ill a ta l.nye excluded, of tbe proposed i~t~ict. and having frontage upon any street passing thDougb or ad• joined '&'J the proposed diatric·t. :n ct1lculat1ng aueh areas tl1e portion of an~ p .""'pcrt, lyint o.t a . r-1s. tM.ce , f moro th&:m one hWldre.:. f1tty (10) {150) f&ot from a street u.pon l.frich 1ts fr mtage, for the purpose or thin aoot1on, 1& based, shall be excluded and not cona1dered in tho P*ti t1on. f .. ny Pl;opcrty lying w1th1n a diutriot or QQual or leaa ros.tr1otiVC' dhar&.ctor than. thc.t petitioned fox·, .she.ll not be includod 1n CL.leulating arena on such pct:ttion • ... eotion 15 . Compl;t1t1on en .. Notb1niJ herein t~onta1nad eboll require anr chanJe 1n tho plans, con• tructiO.l.t QCtd.gns.tod -,r intended USE'! of tl b..lll"''i"lil.t for Which a bu.!lc:1nt.~ )erm1t ha~ hc:-ct...,forc been is~uou, or ~1la. no for which are nov or.: file with tho bu ... ldin£; inspector, tlnc! a per_ut tor the cree- tlon Of Yb ieh 1B i.D :IJUGd A'i-:hin thrG G { 5} months of ·the adoption of this ordinance and ttc. construction or which in olthor co.!lo ahnll havo begun and beon a:f.l ic;cntl;y prosecuted w1th1n t.~r\)o (3)uonths ot thu adoption of tt. t J ordtnance • ~n<:i ·uh ich bu1ld1:l~ s ·h.,ll b entirely cooplotod according to such pla.no ae .£.1lod,w1th1n ono 7ear .f:>om tho adopt.1on ot th1o orf.:inancn •. tlOthing in this ol•Cino.nco ~hall p1•cvont the :r•estoro.tion of a build• inu within a p9r1od of one you!' from tho date or its deotruct!on, ·l\h i~h has be..;n pa:r1.ly C.Gstrt>yed. to th~ e.xtont of '1ot .more than f1ftr (G'J) por cent of ita asseosed valuu, by f.!ro, elCplos1on, act or Ood , or act of the public enemy 1 sul :Jequent to tbe ptu·t.;., ·" o.r this or- dinance • or pravont the continuance o£ t.i"J'-uae of such buildings 1 or par to thereof. The law!'ul usn or the land exlat.tn...; at ·the tim£~ or the paaa1ng of this o:rdinanoe, although uuch uae does not oon:for-m to th,. ppov1e1ono of this ordinance 1 may be cont1nund; but if sueb ·non-eonformir1g uae is discontinued tor a poriod of on0 yeer or more, any further uae of those lands and premisen shall P9 in oonforn;.1t1 with the ~rovia1on or this o~dinar.ce. Section 16 .. certif1~te of oe cupaqcz . 1-io Vtlcant land ct Dll 'bo occupied or usod, m d no building hEu•oafter erected shall be oco-.tpied c~· :aed, nor ahall the use o:r a building be changed !rom a use limited to one distriot to thnt or en1 other dtetr1ct 1 o.s de£1nod "ty tb!c o.:ad1naneo, until a t-c~tif1c-.te of occupancy oball :have been is!!11ed by the bu1ldin<" inro-,~et,r. No permit for excavation 1'or &!lJ building shall bet 13auod bofore the pplioation has bo0n rAad& L' ~}r cert!.tioate ot occupancy. Land: ~certificate ot occupancy for tho use of vacant lt::nds or the cbo.ncQ in tbe uac 'Of land as herein prov.idtJd, shall be t:?:')l1ed for bet oro any cuoo lend shall be occupied o~.· used r. ·1 ' r. .oartif'ieoto ot oecupanc~ shall be isl!u&d \1.1th1n ten daye aftor the s;>pl1cnt1on baa boon mao~, p:rov1 d1ng such un<l 1 s in con.fo.l't'!i ty w1 t.h the pro- visions of thet~e :regulat.1ons. fon-conformintS uses: Upon a written request or the owncx·, the ~u1ld• 1nG insptJctor Dh'\ll isouo a eert1f1ce.te of oeett~ancy for any buil\..\.".ng or land exist~~ ot the t1'D10 or tbls ordinance t:ok1ng etfect, oor- t1ty1ng1 after 1napection, tbe uao or the building or land 1.1n d w.bether suc.b use cont'orr.lB to ·the provioions or tbc ordinance. f1hc re n plat. aa abov't provided is not already on filG, an application .for a cEirt1!1oate of occo-,ano'J ahall be accomp:lnied by a surveJ in 4up• licmte form. oucb ce 13 J>(IQH1red. tor a permit. ( 11). oect1on !1• !.&.1-f.·!i irz . Should any section, clause or ,p.rovis1on of this ordinanc• be de- clared by th~ cou~ta to bo L~valid ~ tho aamo shall not affect the validity or tbe ordinance an a w.:~ole or any part tnereol, other than tbe part .oo declared t.o be invalid. Section 18. Confl!c tlnf Pro~1n1ona, ...... . ..................... ,~.__..,.. Tbe.t all ordinances or p a t-1:s ot ordinancoa 1n conflict herewith be and tbe a~mo are bof'eb~ r-epoaled . ectiott lv . violations and Penaltlt~s • .. ~ ... ----~·~ An1 pe:r•von. :firm Ol' oorporation who violate&, diaobeyt:, om1to, ne- g~ecto or .retusoa to comply wi tn Ol' who l .. es1o1i the cnf'o rcea;enta ot an~ ot' the provia1ona o: tbia ordinance shall 'be deemed guilty ot a misdemeanor and ~;;J.l4ll be fino d 1n sny sum not more than fifty ( b(') dol lars or impriaonod !n tho city jail for a te.rm or not e:~; c.ooding th'lrty (30} days-£or each offenoo . Lac.h day thnt a viola - tion is permit"tad to exiot ahnll const1tutt~ a tieparate offense . e otion 20 • .. b&n of'foctive • .;.-;;;~......:;.;;;,.,;o.;;~- 'flhis ord1nanco a~all tako ot:foot a.nd be in fo:rco f'.ive ( 5) days from en'' after 1tn paaaar~u m d appr•oval. Paasod at d approvod this 10 day of liovombGr, 1938. tteat: ~~---~.iru~s Gueicr City {;l6rk Appr~ved a~ to tormt c.;. f1 . O'Brien /n/ City Jl.ttornel' i.&L .. f.aimc;>nd 'Hi;cke ·-... fay or City of Pasco Original Zoning 1938 Ordinance 435 C-1 Retail Business R-1 Low-Density Residential R-3 Medium-Density Residential Low-Density Residential CommercialPublic East North South West Affidavit of Mailing In regards to MF# SP2025-02 I, Carmen Patrick, hereby confirm that notification was sent by mail March 3, 2025 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 3rd day , March of 2025. ~LiLI Representative's Signature Community Developm e nt De partm e nt PO Box 293, 525 N 3'·' Av e, Pa sco, WA 99301 P: 509 .545 .3441 / F: 50 9 .5 45 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. A Public Hearing with the Hearing Examiner will be held on April 09, 2024, at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco Washington. Proposal: Cecilia Petrearce has submitted a Special Permit Application (SP 2025-002) to operate a Hair Academy within an existing building that was previously used as a Chiropractor Office. The proposal is at 1532 W. Sylvester St . (Parcel # 112201055) 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 March 19, 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: gundersona@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/publ iccomment 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 special permit within ten (10) business days of the public hearing . Prepared 05 March 2024 by: Aaron Gunderson, Planner II, PO Box 293 Pasco, WA 99301 (509) 545-3441 The City of Pasco welcomes full participation in public meetings by all citizens . No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings . If you wish to use auxiliary aids or require assistance to comment at this public meeting , please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs . SP 2025-002 Vicinity Map: New York Hair Academy, Cecilia Petrearce ; ~ 1- \ 313 /2025 . fl 59 2fl AM I 'I ~l ,~ r.i l ·~f l -~ ~\-. :z • ' '):' •I l .,, @ .. 1:7 4 2 ' .. l,)(J'I U l r l • U U/ :111 ~: •.: ll1 U U ) Utl,1 .<..!'I I ·,· \l .1,.11 1 I' ·,L u :·" 1,::1 •. j.l ,:··. r: II ·, 11-.:, •· :11•n 1•.P 1i·~ /\ME ADDRESS CITY ST ATE ZIP AN PALOMINO (ETAL) 6517 SADDLEBRED LOOP PASCO WA 99301 ARIA VENERANDA FARIAS ZAMOR, 1501 W SYLVESTER ST PASCO WA 99301 UADALUPE CAZARES NAVARRETE 1507 W SYLVESTER ST PASCO WA 99301 ::,RIL A MCCARTER 919 N 15TH AVE PASCO WA 99301 JSA ESTELA TREVINO (ETAL) 915 N 15TH AVE PASCO WA 99301 JUAN & ANGELINA PARRA 911 N 15TH AVE PASCO WA 99301 \JTONIO & MARCIELA RODRIGUEZ 920 N 15TH AVE PASCO WA 99301 ::NJAMIN & MARIA AGUIRRE 916 N 15TH AVE PASCO WA 99301 ~OY & PAMELA A JAHNKE 912 N 15TH AVE PASCO WA 99301 \JELIDA NAVARRETE 908 N 15TH AVE PASCO WA 99301 \MMY L GIBSON (ETAL) 904 N 15TH AVE PASCO WA 99301 \SCO SCHOOL DISTRICT NO . 1 1215 W LEWIS ST PASCO WA 99301 \BRINA MARIE ESPARZA 161 RIDGEVIEW DR PASCO WA 99301 \SCO GROUP LLC 13155 NOEL ROAD , SUITE 100 , DALLAS TX 75240 \IME & PATRICIA TORRES 1514 W SYLVESTER ST PASCO WA 99301 \JAIRA LARA (ETAL) 1520 W SYLVESTER ST PASCO WA 99301 !\RLOS VAZQUEZ S 1524 W SYLVESTER ST PASCO WA 99301 JGESH KUMAR (ETUX) 508 N 4TH AVE PASCO WA 99301 JRA MARINA CORDOVA 704 N 14TH AVE PASCO WA 99301 ARIA D SOLAITA 16285 FRONT ST OREGON Cll OR 97045 -tEILA M GARSJO 1509 W IRVING ST PASCO WA 99301 \NORA DIAZ 1515 W IRVING ST PASCO WA 99301 _AUDIOS SORIANO 1519 W IRVING ST PASCO WA 99301 )RGE & CARLINA LOBOS (ETAL) 4815 MALAGA DR PASCO WA 99301 ARTIN MADRIGAL 1527 W IRVING ST PASCO WA 99301 & P PASCO LLC 1760 BISMARK ST RICHLAND WA 99354 :NNETH & REBECCA KNUDSEN 1603 W IRVING ST PASCO WA 99301 JSANA VEJAR 1607 W IRVING ST PASCO WA 99301 )YLE & TRUDY HAMIL TON 1611 W IRVING ST PASCO WA 99301 \UL & ROSE ALEJANDRO 1615 W IRVING ST PASCO WA 99301 :RESA DE JESUS MARIN 1619 W IRVING ST PASCO WA 99301 FARIAS PROPERTIES LLC 4112 FERNWOOD LN PASCO WA 99301 JNG H & LANN LE 4404 VALENCIA DR PASCO WA 99301 LVESTRE HERRERA VELASQUEZ ( 1512 W IRVING ST PASCO WA 99301 :RTA MARCELO 1516 W IRVING ST PASCO WA 99301 ~ANCISO J CORREA 1520 W IRVING ST PASCO WA 99301 -!ANSON & KALENA JONES 91 A SWAN MOUNTAIN DR KALISPELL MT 59901 :ONARDO & MARIA CUEVAS 4212 ARTESIA DR PASCO WA 99301 HONIO R (ETAL) JIMENEZ 1612 W IRVING ST PASCO WA 99301 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Cols Depth 14026 641643 Print Legal Ad-IPL02206330 - IPL0220633 SP 2025-002 NY Hair Acad 1 60 L Debra BarhamAttention: CITY OF PASCO/LEGALS PO BOX 293 PASCO, WA 99301 barhamd@pasco-wa.gov, 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 03/05/2025, and ending on 03/05/2025 and that said newspaper was regularly distributed to its subscribers during all of this period. 1 insertion(s) published on: 03/05/25 (Signature of Legals Clerk) Sworn to and subscribed before me this 6th day of March in the year of 2025 Notary Public in and for the state of South Carolina, residing in Beaufort County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. A Public Hearing with the Hearing Examiner will be held on April 09, 2024, at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco Washington. Proposal: Cecilia Petrearce has submitted a Special Permit Application (SP 2025-002) to operate a Hair Academy within an existing building that was previously used as a Chiropractor Office. The proposal is at 1532 W. Sylvester St. (Parcel # 112201055) 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 March 19, 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: gundersona@pasco- wa.gov. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the special permit within ten (10) business days of the public hearing. Prepared 05 March 2024 by: Aaron Gunderson, Planner II, PO Box 293 Pasco, WA 99301 (509) 545-3441 The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. A Public Hearing with the Hearing Examiner will be held on April 09, 2024, at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco Washington. Proposal: Cecilia Petrearce has submitted a Special Permit Application (SP 2025-002) to operate a Hair Academy within an existing building that was previously used as a Chiropractor Office. The proposal is at 1532 W. Sylvester St. (Parcel # 112201055) 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 March 19, 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: gundersona@pasco- wa.gov. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the special permit within ten (10) business days of the public hearing. Prepared 05 March 2024 by: Aaron Gunderson, Planner II, PO Box 293 Pasco, WA 99301 (509) 545-3441 The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs.