HomeMy WebLinkAboutZ 2025-003 Stutesman Rezone decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW, AND
Z 2025-003 ) RECOMMENDED DECISION
Stutesman Rezone )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on April 9,
2025, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings
of Fact, Recommended Conclusions of Law, and Recommended Decision as follows:
I. RECOMMENDED FINDINGS OF FACT
1. APPLICANT: Robert Stutesman; 1347 Country Ridge Dr.; Richland, WA 99352
2. REQUEST: REZONE: Stutesman Rezone from R-S-12 (Suburban District) to R-1 (Low -
Density Residential).
3. TIMELINE:
3.1. 25 February 2025 Application Submitted
3.2. 06 March 2025 Application Deemed Complete
3.3. 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.
3.4. 02 April 2025 Public Hearing Staff Report Published
4. PROPERTY DESCRIPTION:
4. L Legal: Parcel 4119421047 (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.
4.2. 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.
4.3. Property Size: Approximately .80 acres in size (34,997 square feet)
5. ACCESS: The parcel(s) have access from Road 34.
6. UTILITIES: Municipal water and sewer are available in Road 34.
7. 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:
7.L NORTH: RS-12 Single -Family Dwelling Units (SFDUs)
7.2. EAST: RS-12 SFDUs
7.3. SOUTH: RS-12 SFDUs,
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7.4. WEST: RS-12 SFDUs
8. 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.
9. ENVIRONMENTAL DETERMINATION: The rezone application is exempt from SEPA due to the
project meeting the requirements of WAC 197-11-8009(6)(c).
10. 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 AB, and 605 Road 34 Unit AB (Parcel 119421048), Pasco, Franklin
County, WA.
10.1. 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 ofRS-12 prohibits the creation of lots less than 12,000 sq.
ft. in size [PMC 25.35.050(1)].
10.2. 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.
11. 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.
12. 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:
12.1. The date the existing zone became effective:
12.1.1. The site was designated RS-12 (Suburban District) zoning in conjunction with the 1996
annexation.
12.2. The changed conditions, which are alleged to warrant other or additional zoning:
12.2.1. 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.
12.2.2. On January 24, 2022, Council approved Ordinance 4575, amending the Zoning code,
including Pasco Municipal Code (PMC) 25.45 relating to the R-1 zoning district. The
approved ordinance changed the purpose of the R-1 zone found in PMC 25.45.010, as
follows: "The R-1 low density residential district is established to provide a low- to medium -
density residential environment compliant with the Comprehensive Plan land use density
table in PMC 25.215.015. Certain public facilities and institutions may also be permitted,
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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-
I zoning district. The density requirement in PMC 25.45.050 was also amended to eliminate
the one -unit -per -lot development restriction.
12.3. Facts to justify the change on the basis of advancing the public health, safety, and general
welfare:
12.3.1. 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.
12.3.2. 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.
12.3.3. In terms of public safety, the site is located approximately 1 mile from Pasco Fire Station
484 along West Court Street, well within the established response -time zone.
12.3.4. 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.
12.4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
12.4.1. 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 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.
12.4.2. 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,
12.5. The effect on the property owner or owners if the request is not granted:
12.5.1. 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
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duplexes only being able to be sold as an investment property only and not with the intention
of home ownership.
12.6. The Comprehensive Plan land use designation for the property
12.6.1. 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.
12.6.2. The proposed rezone application would implement or be consistent with the following
comp plan policies:
12.6.2.1. 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.
12.6.2.1.1. 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.
12.6.2.2. 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.
12.6.2.2.1. 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.
12.6.23. LU-4-13 Policy: Encourage infill and higher density uses within proximity to major
travel corridors and public transportation service areas.
12.6.2.3.1. 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.
12.6.2.4. LU-4-1) Policy: Designate areas for higher density residential developments where
utilities and transportation facilities enable efficient use of capital resources.
12.6.2.4.1. 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.
12.6.2.5. LU-5-A Policy: Allow a variety of residential densities throughout the UGA.
12.6.2.5.1. 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
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42.1. John Hudspeth;
42.2. Alecia Greenway;
42.3. Kenneth Zimmerman;
42.4. Shannon Carrillo;
42.5.
Rusbel Saenz;
42.6.
Joan Matthais;
42.7.
Ray Salinas;
42.8.
Thomas King;
42.9.
Mike Houchins.
42.10. The Hearing Examiner can summarize the public testimony as being in opposition to the
project, not because of the rezone, but because of the duplexes that are currently being built on the
property as allowed by the current zoning designation. Testimony was in opposition to the
duplexes and the perceived impacts of those duplexes on the neighborhood. The applicant wishes
to rezone the property so that the duplexes can all be on separate lots and sold to individual
property owners.
42.11. The Hearing Examiner finds that the fact that each duplex is going to be located on its
separate lot does not increase the current impacts or potential impacts to the neighborhood simply
by allowing each individual unit in the duplex to be sold.
43. The following exhibits were admitted into the record:
43.1. Ex. 1 Staff Report;
43.2. Ex. 2 Remainder of Staff File.
44. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
45. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
II. RECOMMENDED CONCLUSIONS OF LAW
1. The Hearing Examiner has been granted the authority to render this decision.
2. As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal
Code.
3. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this
reference.
III. RECOMMENDED DECISION
Based on the above Findings of Fact and Conclusions of Law, rezone Z 2025-003 is hereby recommended
to be APPROVED.
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23. 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.
24. The density requirement in PMC 25.45.050 was also amended to eliminate the one -unit -per -lot
development restriction.
25. 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.
26. The underlying land use code specifies 3 to 6 dwelling units per acre.
27. The rezone application and proposal are consistent with the Council -approved Comprehensive Plan.
28. Issac Stevens Middle School is approximately .66 miles from the site, along with Mark Twain
Elementary located approximately .68 miles from the site.
29. The entrance walkway to the east entrance of Wade Park is approximately .38 miles away.
30. The site is located approximately one mile from Pasco Fire Station #84 on West Court Street.
31. The civil, building and fire codes mandate adequate access, fire hydrants, and similar fire and life safety
requirements for all new development.
32. The site is adjacent existing single-family development.
33. 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.
34. Current zoning of the site is RS-12, which requires a 12,000-foot minimum lot size.
35. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
35.1. 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:
35.1.1. 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.
35.1.2. 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.
35.1.3. LU-4-B Policy: Encourage infill and higher density uses within proximity to major travel
corridors and public transportation service areas.
35.1.4. LU-4-D Policy: Designate areas for higher density residential developments where utilities
and transportation facilities enable efficient use of capital resources.
35.1.5. LU-5-A Policy: Allow a variety of residential densities throughout the UGA.
35.1.6. LU-5-B Policy: Encourage higher residential densities within and adjacent to major travel
corridors, Downtown (Central Business District), and Broadmoor.
35.1.7. 6-A Policy: Encourage commercial and higher -density residential uses along major
corridors and leverage infrastructure availability.
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35.1.8. 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.
35.1.9. H-1-13 Policy: Higher intensity housing should be located near arterials and neighborhood
or community shopping facilities and employment areas.
36. The effect of the proposal on the immediate vicinity will not be materially detrimental.
36.1. 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.
36.2. 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.
37. There is merit and value in the proposal for the community as a whole.
37.1. 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.
37.2. 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.
38. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal.
38.1. 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).
39. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the
terms and conditions of such an agreement.
39.1. 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.
40. An open record public hearing was held, after legal notice, on April 9, 2025
41. Appearing and testifying on behalf of the Applicant was Rob Stutesman. Mr. Stutesman testified that
he was an agent authorized to appear and speak on behalf of the property owner and Applicant. He
stated that they agreed with the representations set forth within the staff report and the proposed
Conditions of Approval.
42. Testifying from the public were the following individuals:
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permitted within the applicable zones, under the provisions of these Zone District
Standards:
12.6.2.5.1.1. Single-family dwelling unit detached (SFDU — Detached).
12.6.2.5.1.2. Single-family dwelling unit attached (SFDU —Attached).
12.6.2.5.1.3. Duplexes and triplexes.
12.6.2.5.1.4. Multifamily attached (including apartments, stacked flats,
condos).
12.6.2.5.1.5. Multifamily detached (including cottage housing).
12.6.2.5.1.6. New factory assembled homes.
12.6.2.5.2. 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.
12.6.2.6. 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.
12.6.2.6.1. Per PMC 25.45.020 Permitted uses, all housing types permitted in PMC
25.22.020, Zone District Standards, are permitted in this zone.
12.6.2.7. Such other information as the Hearing Examiner requires:
12.6.2.7.1. 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.
13. Rezone application Z 2025-003 to rezone Lots 1 and 2 of Short Plat 2024-26 was submitted on February
25, 2025.
14. The application was determined to be complete on March 06, 2025.
15. 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.
16. Applicant wishes to rezone the properties located at the following locations: 617 Rd 34, Pasco; 609 Rd.
34 Units A and B, Pasco; 605 Rd. 34 Units A and B, Pasco all from RS-12 to R-1.
17. The site comprises approximately 3.08 acres (approximately 34,997 sq. ft.).
18. The site is located approximately 300 feet east of the intersection of Road 34 and West Sylvestre Street.
19. The site was annexed into the City in 1996 (Ordinance 3146)
20. The site was assigned RS-12 (Suburban District) (Ordinance 3147) in conjunction with the annexation.
21. The rezone would support the ability to subdivide the two duplexes currently under construction on
parcel 119421048.
22. 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.
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Dated this 1 tl/ day of April, 2025
CITY OF P CO HEARING EXAMINER
Andrew L. Kottkamp
Absent a timely appeal, this Decision is final'
' See Ch. 36.70C RCW (establishing a 21 day appeal period to superior court, and setting forth necessary review
contents, along with filing and service requirements).
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