HomeMy WebLinkAbout2025.06.02 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, June 2, 2025
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would
like to provide public comment remotely, may continue to do so by filling out
the online form via the City’s website (www.pasco-wa.gov/publiccomment)
to obtain access information to comment. Requests to comment in meetings
must be received by 4:00 p.m. on the day of this meeting.
To listen to the meeting via phone, call 1-332-249-0718 and use access
code 503 676 561#.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
Audio equipment available for the hearing impaired; contact the Clerk for
assistance.
Servicio de intéprete puede estar disponible con aviso. Por favor avisa la
Secretaria Municipal dos dias antes para garantizar la disponiblidad.
(Spanish language interpreter service may be provided upon request.
Please provide two business day's notice to the City Clerk to ensure
availability.)
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by
Councilmembers, the item may be removed from the Consent Agenda to the
Page 1 of 364
Regular Agenda and considered separately.
6 - 18 (a) Approval of Meeting Minutes for May 19th and May 27th
To approve the minutes of the Pasco City Council Regular Meeting
held on May 19, 2025, and Special Meeting & Regular Workshop
held on May 27, 2025.
19 - 20 (b) Bills and Communications - Approving Claims in the Total
Amount of $4,387,389.29
To approve claims in the total amount of $4,387,389.29
($3,027,172.54 in Check Nos. 271586 - 271858; $87,268.62 in
Electronic Transfer Nos.849894 - 850045, 850064 - 850148;
$16,731.26 in Check Nos. 54935 - 54944; $1,256,216.87 in
Electronic Transfer Nos. 30225414 - 30226050).
21 - 121 (c) Resolution No. 7605 - 2025-2029 Tri-Cities HOME Consortium
Assessment of Fair Housing
To approve Resolution No. 4605, approving the 2025-2029 Tri-Cities
HOME Consortium Assessment of Fair Housing
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
6. PUBLIC COMMENTS - The public may address Council on any items
unless it relates to a scheduled Public Hearing. This item is provided to
allow the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for
debate or for the posing of questions with the expectation of an immediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have access to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings. Lastly, when called
upon, please state your name and city or county residency into the
microphone before providing your comments.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
122 - 136 (a) Public Meeting & Resolution No. 4606 - Accepting a Notice of
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Intent to Commence Annex SG Land Management LLC and
Horrigan Farms LLC 10% Annexation Petition (5 minutes)
CONDUCT A PUBLIC MEETING
MOTION A: I move to approve Resolution No. 4606, accepting a
notice of intent to commence annexation proceedings for the SG
Land Management LLC and Horrigan Farms LLC providing a
determination on the boundary to be annexed, and whether
simultaneous zoning and the assumption of bonded indebtedness will
be required.
-or-
MOTION B: I move to approve Resolution No. 4606, accepting a
notice of intent to commence annexation proceedings for the SG
Land Management LLC and Horrigan Farms LLC Annexation
providing a determination on the boundary to be annexed, which
includes a portion of the right-of-way of Burns Road, and whether
simultaneous zoning and assumption of bonded indebtedness will be
required.
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
137 - 236 (a) *Q Ordinance No. 4768 - Sawyer R-S-1 to R-1 Zone Change
(Z2025-002) (5 minutes staff presentation)
MOTION: I move to adopt Ordinance No. 4768, amending the zoning
classification of certain real property located on the east side of Road
40, near the intersection of Road 40 and W. Pearl Street, Pasco,
Washington and, further, authorize publication by summary only.
237 - 302 (b) *Q Ordinance No. 4769 - Stutesman R-S-12 to R-1 Zone Change
(Z2025-003) (5 minutes staff presentation)
MOTION: I move to adopt Ordinance No. 4769, amending the zoning
classification of certain real property located in the corner of W.
Sylvester Street and Road 34 and, further, authorize publication by
summary only.
303 - 328 (c) Ordinance No. 4770, Amending Sections of the Pasco Municipal
Code Regarding Work Exempt from Permit (5 minutes staff
presentation)
MOTION: I move to adopt Ordinance No. 4770, amending Pasco
Municipal Code sections 16.05.050, 12.040.100, 12.04.120,
19.10.070 AND 25.180.050 regarding work exempt from permit and,
further, authorize publication by summary only.
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329 - 360 (d) Resolution No. 4607 - Interagency Agreement with Washington
Traffic Safety Commission to Conduct Dedicated DUI
Enforcement Patrols and Ordinance No. 4771 - Amending the
2025-2026 Operating Budget Allocating Funding for Increased
Overtime to Conduct Dedicated DUI Enforcement Patrols (5
minutes staff presentation)
MOTION: I move to approve Resolution No. 4607, authorizing the
Interim City Manager to execute the Interagency Agreement with the
Washington Traffic Safety Commission and the Pasco Police
Department for grant funding to support DUI overtime.
If the Resolution is approved, then:
MOTION: I move to adopt Ordinance No. 4771, amending the 2025-
2026 Biennial Operating Budget (Ordinance No. 4749) by providing
supplement thereto; to provide additional appropriation in the City's
General Fund, allocating funding for increased overtime for the Police
Department to conduct dedicated DUI enforcement patrols and,
further, authorize publication by summary only.
10. UNFINISHED BUSINESS
11. NEW BUSINESS
361 - 362 (a) *Designating Voting Delegates & Alternate Delegate(s) for the
Association of Washington Cities (AWC) Annual Meeting
Scheduled for June 26, 2025 (3 minutes staff presentation)
MOTION: I move to approve (up to three) ___________,
_____________, and ____________ as the City of Pasco's voting
delegates at the June 26, 2025 Association of Washington Cities
(AWC) Annual Meeting, held at the Three Rivers Convention Center,
Kennewick, WA, furthermore, (up to three) ________, ________, or
_______ is/are designated as substitute delegate(s) in the case that
an approved delegate is unable to attend the AWC Annual Meeting.
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
14. ADJOURNMENT
15. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
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MF# “Master File #....”
363 - 364 (b) Adopted Council Goals (Reference Only)
(c) This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
City Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por
favor avisa la Secretaria Municipal dos días antes para
garantizar la disponibilidad. (Spanish language interpreter
service may be provided upon request. Please provide two
business day's notice to the City Clerk to ensure availability.)
Page 5 of 364
AGENDA REPORT
FOR: City Council May 28, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 6/2/25
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: Approval of Meeting Minutes for May 19th and May 27th
I. ATTACHMENT(S):
5.19.2025 and 5.27.2025 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Regular Meeting held on
May 19, 2025, and Special Meeting & Regular Workshop held on May 27,
2025.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
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MINUTES
City Council Regular Meeting
7:00 PM - Monday, May 19, 2025
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by David Milne, Mayor Pro Tem.
ROLL CALL
Councilmembers present: David Milne, Blanche Barajas, Melissa Blasdel, Charles
Grimm, Peter Harpster, and Leo Perales
Councilmembers attending remotely: Blanche Barajas, Leo Perales
Councilmembers absent: Pete Serrano
Staff present: Angela Pashon, Assistant City Manager; Christopher Mortensen,
Deputy Fire Chief; Eric Ferguson, City Attorney; Haylie Miller, Community &
Economic Development Director; Jesse Rice, Parks & Recreation Director; Brian
Vaught, Police Captain; Maria Serra, Public Works Director; and Debby Barham,
City Clerk
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA
Approval of Meeting Minutes for May 5th and May 12th
To approve the minutes of the Pasco City Council Regular Meeting held on May
5, 2025, and Regular Workshop held on May 12, 2025.
Bills and Communications - Approving Claims in the Total Amount of
$4,909,379.11
To approve claims in the total amount of $4,909,379.11 ($3,505,010.96 in Check
Nos. 271317 - 271585; $128,865.43 in Electronic Transfer Nos. 849892 - 849893
$10,135.76 in Check Nos. 54924 - 54934; $1,265,366.96 in Electronic Transfer
Nos. 30224760 - 30225413).
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Resolution No. 4600 - Surplus and Sale of City Personal Property
To approve Resolution No. 4600, authorizing the sale of personal property surplus
to City needs and approving the method of its disposal.
MOTION: Councilmember Harpster moved, seconded by Councilmember
Blasdel to approve the Consent Agenda as read.
RESULT: Motion carried unanimously by Roll Call vote. 4-0
AYES: Mayor Pro Tem Milne, Councilmember Blasdel,
Councilmember Grimm, and Councilmember Harpster
ABSENT: Mayor Serrano, Councilmember Barajas, and
Councilmember Perales
PROCLAMATIONS AND ACKNOWLEDGEMENTS
Councilmembers Barajas and Perales joined the meeting at 7:08 PM remotely.
Public Works Week Proclamation
Mayor Pete Serrano read the "Public Works Week - May 18th to 24th"
proclamation and presented the proclamation to Public Works staff, led by Deputy
Public Works Director Mary Heather Ames.
Ms. Ames expressed thanks for the proclamation and introduced the Public
Works staff that attended the meeting.
PUBLIC COMMENTS
Santos Echeverria, Pasco resident, expressed concern on litter, human waste
and other issues occurring at Memorial Park, as well as reporting a neighbor that
plays loud music frequently at all hours of the day.
Brain Tungesvik, Pasco resident, expressed concern about increased density
housing development near his home.
Emily Maloney, Pasco resident and the Pasco Taco Crawl boss, announced the
top five winners for the 2025 Taco Crawl. She also shared the impact this annual
event has made in Pasco and with the Boys & Girls Club of Benton & Franklin
Counties.
Meggan Tjarks, Special Events & Corporate Engagement Director with the Boys
& Girls Club staff, expressed appreciation of the efforts and funds received from
the annual Pasco Taco Crawl event.
Mary Mahoney, Pasco resident, commented on the bald eagles, Permit No. 404,
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the Pasco Public Facilities District aquatic facility project, April 1, 2019, Pasco
Council meeting, Animal Control, a Local Improvement District (LID) / Utility Local
Improvement District (ULID) related to her property.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mr. Grimm reported on the groundbreaking event for the new CBC housing
building and the Benton Franklin Council of Governments (BFCOG) Board
meeting that he recently attended.
Ms. Blasdel, reported on the recently ribbon cutting event for Persona
Employment Solutions that she attended.
Mr. Perales, reported on the ribbon cutting event for the grand opening of the
Stacks Bar & Grill he recently attended.
2025 Washington State Legislative Session Update
Ms. Pashon introduced Briahna Murray, Partner, Gordon Thomas Honeywell
Governmental Affairs who provided a recap of the 2025 Legislative Session.
Ms. Murray highlighted the 2025 long legislative session and the actions taken
which included:
The Legislative passed the 2025-27 Operating, Capital and Transportation
Budgets
Introduction of over 4,000 bills and passed over 430 bills
The City of Pasco's funding requests included the MLK $927,000 and
Road 88 Roadway improvements for $500,000 were approved
No funding for Road 76 Overpass, US 12/A Street Traffic project, and
Lewis Street Underpass project
Discussed the Pasco policy issues related to Local Community Decision-
Making, Housing & Homelessness, Fiscal Sustainability, and Community
Safety.
Ms. Barajas left the meeting at 7:52 PM.
Council expressed appreciation for Ms. Murry's report and commented on the
increased taxes.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
Public Hearing - 2026-2031 Transportation Improvement Program
Ms. Serra provided a brief report on the proposed 2026-2031 (six-year)
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Transportation Improvement Program (TIP). She stated that the plan is required
to be approved by July 2025 and includes 44 projects, three programs, and five
studies.
Mayor Pro Tem Milne asked about the process for prioritizing the TIP projects and
Ms. Serra explained the process.
Mr. Grimm expressed appreciation to Ms. Serra for her success in awarded
grants and asked about the priority for a project No. 16 and when will it be placed
on the TIP and Ms. Serra explained the status of this project.
Mr. Perales asked that a crosswalk at Road 44 be added to the TIP and to look at
all crosswalks across the City for children and youth safety as they travel to and
from schools. Ms. Serra responded that staff has a standing meeting with the
PSD related to sidewalks for school aged youth.
Mayor Pro Tem Milne declared the Public Hearing open to consider the proposed
2026-2031 TIP.
Dallas Green, Pasco resident, encouraged Council and staff to consider a round-
about for Project No. 20 and Project No. 28 still needs to complete the project the
radar signs and striping along the sides. He expressed concern about Sylvester
Street improvements completed this past year and recommended that for future
projects to get public input. He also commented on the developers contributions
for future projects.
Following three calls for comments, and there being none, Mayor Pro Tem Milne
declared the Public Hearing closed.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Resolution No. 4601 - Setting a Date to Consider a Notice of Intent to
Commence Annexation Proceedings for SG Management LLC and Horrigan
Farms LLC Annexation (ANX 2025-001)
Ms. Miller provided a brief report on proposed intent to annex two properties into
the City of Pasco.
MOTION: Councilmember Harpster moved, seconded by Councilmember
Blasdel to approve Resolution No. 4601, setting 7:00 PM, June 2, 2025, as the
time and date for a public meeting with the initiators to consider the SG Land
Management LLC and Horrigan Farms LLC notice of intent to commence
annexation of Short Plat 2021-08 Lot 2 and Short Plat 2022-32 Lot 1, property
located south of Burns Road and east of Shoreline Road in Section 12,
Township 9N, Range 28 E.W.M.
RESULT: Motion carried unanimously. 5-0
AYES: Mayor Pro Tem Milne, Councilmember Blasdel,
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Councilmember Grimm, Councilmember Harpster, and
Councilmember Perales
ABSENT: Mayor Serrano and Councilmember Barajas
Resolution No. 4602 - Setting Date and Time for Right-of-Way Vacation
Public Hearing for Wondrack
Ms. Miller provided a brief report on the proposed vacation public hearing for
Wondrack.
MOTION: Councilmember Harpster moved, seconded by Councilmember
Blasdel to approve Resolution No. 4602, setting 7:00 p.m., Monday June 16,
2025, as the time and date for a public hearing consider the vacation of a
portion of right-of-way along North 4th Avenue, in Pasco, Washington, and
waiving the requirements for an appraisal, title report, and payment of
compensation.
RESULT: Motion carried unanimously. 5-0
AYES: Mayor Pro Tem Milne, Councilmember Blasdel,
Councilmember Grimm, Councilmember Harpster, and
Councilmember Perales
ABSENT: Mayor Serrano and Councilmember Barajas
Resolution No. 4603 - Setting Date and Time for Right-of-Way Vacation
Public Hearing for Pasco School District
Ms. Miller provided a brief report on the proposed vacation public from the Pasco
School District.
MOTION: Councilmember Harpster moved, seconded by Councilmember
Blasdel to approve Resolution No. 4603, setting 7:00 p.m., Monday June 16,
2025, as the time and date for a public hearing to consider the vacation of a
portion of North Utah Avenue and East Salt Lake Street right-of-way in Lot 1,
Block 18 of Frey’s Addition to Pasco, Washington and a North Wehe Avenue
dedication of Lot1, Block 19 of Frey’s Addition to Pasco, Washington.
RESULT: Motion carried unanimously. 5-0
AYES: Mayor Pro Tem Milne, Councilmember Blasdel,
Councilmember Grimm, Councilmember Harpster, and
Councilmember Perales
ABSENT: Mayor Serrano and Councilmember Barajas
MISCELLANEOUS DISCUSSION
Ms. Miller provided an update on a third party canvasser who has contacted five
roadside vendors.
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Mr. Ferguson provided an update on the roadside vendors and his research
contacting by other local cities and through the Washington State Association of
Municipal Attorneys (WSAMA) organization. He cited Washington State law. He
stated that there may be a way to regulate activities in the City's right-of-way with
the exception of selling state grown produce.
Mr. Rice announced the Memorial Day event scheduled for Monday, May 26th.
He stated that next Council meeting will be on Tuesday, May 27th as Monday is a
federal holiday. He also provided a brief update on the recent construction at
Memorial Pool for the foundation for the new pool dome.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:00 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
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MINUTES
City Council Special Meeting
7:00 PM - Tuesday, May 27, 2025
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Pete Serrano, Mayor.
ROLL CALL
Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa
Blasdel, Charles Grimm, Peter Harpster, and Leo Perales
Councilmembers attending remotely:
Councilmembers absent: None
Staff present: Dave Zabell, Interim City Manager; Richa Sigdel, Deputy City
Manager; Angela Pashon, Assistant City Manager; Griselda Garcia, Interim
Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Sara
Matzen, Human Resources Director; Haylie Miller, Community & Economic
Development Director; Jesse Rice, Parks & Recreation Director; Ken Roske, Police
Chief; Maria Serra, Public Works Director; and Debby Barham, City Clerk
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Ordinance No. 4767 - Transportation Impact Fee Program
Mr. Perales made a motion to postpone the consideration of the Transportation
Impact Fee (TIF) Program until the Pasco School District's School Impact Fee
interlocal agreement is addressed and it was seconded by Mr. Harpster.
A brief Council and staff discussion ensued regarding the reasons to review both
fees at the same time.
MOTION: Councilmember Perales moved, seconded by Councilmember
Harpster to postpone the consideration of the Transportation Impact Fee (TIF)
Program until the Pasco School District's School Impact Fee interlocal
agreement is addressed.
RESULT: Motion carried unanimously by Roll Call vote. 7-0
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AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
Joint Resolution No. 4604 - Extension of the Interlocal and Financing Lease
Agreement for the HAPO Center Facility Until December 31, 2025
Mr. Zabell gave a brief history on the Interlocal Cooperation Agreement (ILA) with
Franklin County for the HAPO Center. He stated that the current ILA extension will
end on May 31, 2025, and staff recommends an additional extension to December
31, 2025, to work through some unfinished items with Franklin County. He also
discussed the ground lease next to the HAPO Center. He stated that the Franklin
County Commissioners will be voting on this extension at their meeting scheduled
for Wednesday, May 28th.
Mr. Harpster expressed some frustration with a third extension; however, he noted
that progress is being made and supports one more extension.
Mr. Perales concurred with Mr. Harpster.
Ms. Barajas asked if Franklin County has provided the financial reports and Ms.
Sigdel stated that more detailed reports are coming to the City under the new
leadership in Franklin County.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve a Joint Resolution No. 4604, modifying the Interlocal Cooperation
Agreement between the City of Pasco and Franklin County, Washington,
regarding the financing, acquisition, and ownership of a multi-purpose arena and
exhibition facility (HAPO Center).
RESULT: Motion carried unanimously. 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:19 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
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MINUTES
City Council Workshop Meeting
7:10 PM - Tuesday, May 27, 2025
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
CALL TO ORDER
The meeting was called to order at 7:19 PM by Pete Serrano, Mayor.
ROLL CALL
Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa
Blasdel, Charles Grimm, Peter Harpster, and Leo Perales
Councilmembers attending remotely:
Councilmembers absent: None
Staff present: Dave Zabell, Interim City Manager; Richa Sigdel, Deputy City
Manager; Angela Pashon, Assistant City Manager; Griselda Garcia, Interim
Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Sara
Matzen, Human Resources Director; Haylie Miller, Community & Economic
Development Director; Jesse Rice, Parks & Recreation Director; Ken Roske,
Police Chief; Maria Serra, Public Works Director; and Debby Barham, City Clerk
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Grimm commented on on the Memorial Day event held at City View Cemetery
Mayor Pro Tem Milne commented on the Memorial Day event and also reported
on the Chiawana school event.
Ms. Blasdell commented on the Memorial Day event's keynote speaker. She
attended Coffee with a Cop earlier in the day. Lastly, she has been participating in
the Pasco's Police Academy.
Mr. Harpster reported on the TRIDEC Board meeting he recently attended.
Mayor Serrano expressed appreciation to staff for hosting the Memorial Day
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event. He reported on the Solid Waste Advisory Committee for Franklin County
meeting, as well as his recent travels with Mr. Zabell to the annual ICSC
Conference held in Las Vegas, NV.
ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT
Resolution - Tri-Cities HOME Consortium's 2025-2029 Assessment of Fair
Housing Plan
Ms. Miller provided a brief report regarding the proposed 2025-2029 Fair Housing
Plan for the Tri-Cities HOME Consortium and explained this goes hand-in-hand
with the Consolidated Plan that was previously approved by Council in March
2025. She explained the next steps when the plan is approved.
Mr. Perales asked for metrics to ensure the program is meeting its goals in the
housing plan and Ms. Miller responded explaining the program requirements.
Presentation - Potential Changes to Inspection Services
Ms. Miller stated that this topic has been presented to Council twice and staff is
seeking direction from Council. She explained the potential updates to the
inspection services provided by the City of Pasco including the benefits and
challenges for those changes.
Mr. Grimm expressed appreciation to staff for working on this issue and for
reducing the regulatory burden on residents.
Mr. Perales asked for clarification on reroofing and re-siding houses and when a
permit would be required. Ms. Miller clarified the requirements for reroofing/re-
siding that will not require a permit; she also stated that any right-of-way work
would need to be reviewed.
Mayor Serrano confirmed that this item will be brought back for Council approval
at the next meeting.
Presentation - Introduction to Amending PMC 3.65 Utility Billing
Management
Ms. Garcia presented potential updates to utility billing management via the
Pasco Municipal Code (PMC) Chapter 3.65. She noted staff conducted a LEAN
process with the focus on key processes and recommendations to increase
efficiencies and improvements in utility billing processes. She discussed the
regulatory challenges, the financial impact if the PMC amendments were adopted,
which also includes cleaning up old and outdated PMC sections. Ms. Garcia
asked for Council direction on the proposed amendments to the Utility Billing
PMC.
Council and staff discussion ensued and included:
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Clarification of apartment complexes utility meter as compared to single-
family residents
Additional research regarding the processes from other cities was
requested
Explanation of current process for setting up utilities for tenants as well as
the issues when collecting on delinquent accounts
Further explanation of software needs and changing the utility billing
responsibility from the tenant to the property owner was discussed
New customer deposit amount adjustments
Meter turn off/turn on
Mr. Harpster expressed opposition to changing the responsibility to property
owner and prefers keeping it the tenant's responsibility.
Mayor Serrano stated that the general City residents should not have to pay
increased utility fees to cover the delinquent accounts.
Mayor Serrano called for public comments.
Mr. Granbois, Pasco resident and landlord, expressed his opposition to the
proposed change to charge the property owner and suggested using the model
that the Franklin PUD uses.
General Fund Monthly Report - March 2025
Ms. Garcia provided a brief overview of the March 2025 General Fund Report.
Council and staff briefly discussed the budget and the funding of a specific
contract.
MISCELLANEOUS COUNCIL DISCUSSION
Ms. Blasdel invited everyone to the Juneteenth Parade scheduled for Saturday,
June 14th.
Mr. Zabell announced that two police recruits were graduating on Friday, May
30th.
Mr. Rice announced the possibility of the City of Pasco being one of the FIFA
2026 Fan Zones and asked for Council direction.
Mayor Serrano stated that he brought the FIFA 2026 Fan Zones item forward
from Visit Tri-Cities and expressed support of staff's request for $90K to be the
host City for the six events.
Mr. Harpster asked if this event would cause a strain on City resources and then
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expressed support to move forward on it.
Mayor Pro Tem Milne also expressed support for the event.
RECESS:
Mayor Serrano called a five minute recess at 8:35 PM.
Mr. Grimm left the Workshop at 8:35 PM.
EXECUTIVE SESSION
Council adjourned into Executive Session at 8:40 PM for 15 minutes returning at
8:55 PM to discuss with legal counsel about current or potential litigation per
RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager, City Attorney,
Public Works Director and Community & Economic Development Director.
At 8:54 PM Mayor Serrano announced that the Executive Session would continue
for another 10 minutes or until 9:04 PM.
Mayor Serrano called the meeting back to order at 9:04 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:04 PM.
Council held a Closed Session after the workshop adjourned to discuss Collective
Bargaining Unit negotiations per RCW 42.30.140(4)(a) with City Manager, Deputy
City Manager, and Human Resources Director.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
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AGENDA REPORT
FOR: City Council May 29, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 6/2/25
FROM: Griselda Garcia, Interim Director
Finance
SUBJECT: Bills and Communications - Approving Claims in the Total Amount of
$4,387,389.29
I. ATTACHMENT(S):
Accounts Payable 05.15.25 to 05.28.25
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $4,387,389.29 ($3,027,172.54 in
Check Nos. 271586 - 271858; $87,268.62 in Electronic Transfer Nos.849894 -
850045, 54944; - 54935 Nos. Check 850148; $16,731.26 - 850064 in
$1,256,216.87 in Electronic Transfer Nos. 30225414 - 30226050).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
There are two categories of accounts receivable write-offs:
1. Direct write-offs are small in value or, in the case of Ambulance Fund,
reflect a reduction of fees related to a discount required by DSHS and
Medicare. These direct write-offs are not sent to collection.
2. Write-offs referred to collection and have been in arrears for a given number
of days and exceed minimum values that move them out of the direct write-off
category.
Please see the summary page attached to this agenda item for details.
V. DISCUSSION:
Page 19 of 364
REPORTING PERIOD:
June 2, 2025
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 271586 - 271858 54935 - 54944
Total Check Amount $3,027,172.54 $16,731.26 Total Checks 3,043,903.80$
Electronic Transfer Numbers 849894 - 850045 30225414 - 30226050
850064 - 850148
Total EFT Amount $87,268.62 $1,256,216.87 $0.00 $0.00 Total EFTs 1,343,485.49$
Grand Total 4,387,389.29$
Councilmember B
100 787,743.09
110 47,459.27
140 2,775.62
142 308.50
145 1,393.78
150 36,990.55
160 11,596.54
165 7,118.61
168 31,981.79
170 736.64
180 857.43
185 221.02
188 36,116.21
190 182.95
194 18,163.89
195 113.83
196 HOTEL/ MOTEL EXCISE TAX 7,724.18
367 651,225.43
410 1,272,537.62
510 66,294.13
511 17,571.09
516 96,635.39
520 18,693.60
690 1,272,948.13
GRAND TOTAL ALL FUNDS:4,387,389.29$
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/ DENTAL/ VISION INSURANCE
ECONOMIC DEVELOPMENT
STADIUM/ CONVENTION CENTER
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/ SEWER
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMENT LODGING
REVOLVING ABATEMENT
CEMETERY
ATHLETIC PROGRAMS
ANIMAL CONTROL
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
Councilmember A
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed
as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such
Dave Zabell, Interim City Manager Griselda Garcia, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
2nd day of June, 2025 that the merchandise or services hereinafter specified have been received and are approved for payment:
May 15 to May 28, 2025
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
Page 20 of 364
AGENDA REPORT
FOR: City Council May 28, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 6/2/25
FROM: Haylie Miller, Director
Community & Economic Development
SUBJECT: Resolution No. 7605 - 2025-2029 Tri-Cities HOME Consortium
Assessment of Fair Housing
I. ATTACHMENT(S):
Resolution
2025-2029 Tri-Cities Assessment of Fair Housing
Power Point Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4605, approving the 2025-2029
Tri-Cities HOME Consortium Assessment of Fair Housing
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
a conducts Consortium") ("the Tri-Cities HOME The Consortium
comprehensive fair housing planning process every five years to assess
barriers to equitable housing access. This process is designed to identify the
unique challenges faced by individuals who encounter disproportionate
housing obstacles due to specific characteristics protected under state and
federal fair housing laws.
Protected classes under these laws include race, color, religion, sex, national
origin, familial status, disability, veteran status, marital status, and age. While
every individual belongs to one or more protected classes, certain subgroups-
such as racial and ethnic minorities, seniors, individuals with disabilities, or
families with children- often face heightened difficulties in accessing hosing that
is safe, affordable, and appropriate to their needs.
Page 21 of 364
As part of this planning effort, the Consortium conducted an in-depth analysis
of U.S. Census data, local and state policies, and community input. The
resulting (AFH), Fair of Assessment Housing as known document, the
summarizes the findings and outlines trends, community needs, fair housing
laws, access to opportunity, and reported instances of housing discrimination.
The AFH identifies key impediments to fair housing within the Tri-Cities and
provides actionable strategies the Consortium will implement to address and
mitigate these barriers.
V. DISCUSSION:
The Tri-Cities HOME Consortium identified five impediments to fair housing:
There is a low supply of affordable housing.
Affordable housing options lack accessibility features for people with
physical disabilities and seniors.
Community members have limited knowledge of their fair housing rights
and landlord responsibilities.
Non-English speakers face barriers to obtaining services and
information in their native language.
Certain populations require additional services to ensure they can
effectively use transportation systems to get to important places.
The Tri-Cities HOME Consortium identified various actions it will take over the
next five years to overcome the identified impediments to fair housing:
Increasing Affordable Housing Supply
The HOME Consortium will continue to partner with housing authorities
and other agencies such as Habitat for Humanity to explore building
more affordable housing.
The HOME Consortium will utilize various outreach techniques, such as
newspaper, mail, and social media, to promote the Down Payment
Assistance Program.
Increasing Accessible Housing Supply
Pasco and Richland will utilize various outreach techniques, such as
newspaper, mail and social media to promote the cities' owner-occupied
rehabilitation program. Kennewick will investigate creating a Community
Development Block Grant (CDBG)- funded owner-occupied
rehabilitation program.
HOME utilizing investigate will HOME The Investment Consortium
Partnerships Program (HOME) funds to rehabilitate existing homes to
make them more accessible to people with disabilities.
The HOME Consortium will explore utilizing local forums to increase
Page 22 of 364
knowledge of accessible building standards and community accessibility
needs among housing developers.
The HOME Consortium will promote the development of ADUs by
advocating for policies and programs that support the housing type.
Promoting Knowledge of Fair Housing
The HOME Consortium will organize and host a fair housing training for
organizations working with residents.
The HOME Consortium will explore hosting a fair housing training for
landlords.
Kennewick the working explore with Consortium HOME The will
Housing Authority (KHA) and the Housing Authority of the City of Pasco
and Franklin County (HACPFC) to create a fair housing educational
program for residents.
Increasing Language Access
The HOME Consortium will continue to work on translating key
documents, such as program applications, into other languages.
The HOME Consortium will continue to utilize the Language Line to
communicate with non-English-speaking residents.
Increasing Transportation Connectivity
The HOME Consortium will work with community partners, including the
transit authority, to implement the goals outlined in their respective Bike-
Pedestrian Plans.
Each city will continue to coordinate with Ben Franklin Transit regarding
the organization's free bus passes for students program.
Each city will continue to evaluate crosswalks that need updating to
meet visual and auditory accessibility standards.
To ensure transparency, promote, community engagement, and comply with
program requirement, the draft plan was publicly advertised on April 30, 2025,
for a 30-day comment period, which will conclude on June 2, 2025. A public
hearing was also advertised and was held before the Planning Commission on
May 15, 2025, to gather additional input. No public comments were received.
City Council reviewed the 2025-2029 Tri-Cities HOME Consortium Assessment
of Fair Housing at the May 27th Council Workshop meeting. Staff recommends
approval of the 2025-2029 Tri-Cities HOME Consortium Assessment of Fair
Housing as presented.
Page 23 of 364
Resolution – 2025-2029 Tri-Cities Fair Housing - 1
RESOLUTION NO. ______
A RESOLUTION ADOPTING THE TRI-CITIES HOME
CONSORTIUM’S 2025-2029 TRI-CITIES ASSESSMENT OF FAIR HOUSING.
WHEREAS, the Tri-Cities HOME Consortium member cities Pasco, Kennewick, and
Richland (“Consortium”) contracted with The Cloudburst Group (“Consultant”) to prepare the
Consolidated Plan for the program years 2025 through 2029, which includes the Assessment of
Fair Housing; and
WHEREAS, the Consortium advertised and participated in workshops and public
meetings to assess the community needs for fair housing; and
WHEREAS, the City staff, Planning Commission, and City Council reviewed a briefing
regarding input and results of this effort, and no comments from the public were received.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the Pasco City Council adopts the Tri-Cities HOME Consortium’s “Tri-Cities
Assessment of Fair Housing 2025-2029,” a copy of which is attached hereto as Exhibit A.
Be It Further Resolved that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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May 27, 2025
Pasco City Council
Workshop
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2025-2029 Tri-Cities
HOME Consortium
Assessment of Fair Housing
May 27, 2025
City Council
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BACKGROUND
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•The Tri -Cities HOME Consortium conducts a comprehensive fair
housing planning process every five years to assess barriers to
equitable housing access within the region. This accompanies the
consolidated plan.
•This process is designed to identify unique challenges faced by
individuals who encounter disproportionate housing obstacles due to
specific characteristics protected under federal and state fair housing
laws.
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Identified Impediments to Fair Housing
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•Limited supply of affordable housing
•Insufficient accessible housing for seniors and individuals with
disabilities
•Low public awareness of fair housing rights and landlord obligations
•Language barriers for non-English speakers
•Transportation gaps impacting access to essential services
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Proposed Actions 2025-2029
Increase Affordable Housing Supply
•Continue partnerships with housing authorities and other affordable housing
entities such as Habitat for Humanity to expand affordable housing.
•Promote the Down Payment Assistance Program through multilingual
outreach channels.
Expand Accessible Housing
•Support owner-occupied rehabilitation programs in all cities.
•Investigate the use of HOME funds to retrofit homes for accessibility.
•Promote accessible building standards among developers.
•Advocate for ADU-friendly policies and development.
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Proposed Actions 2025-2029- Continuation
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Promote Fair Housing Awareness
•Host fair housing trainings for nonprofits and landlords.
•Collaborate with local housing authorities on resident education programs.
Improve Language Access
•Translate program documents and utilize interpreter services.
•Partner with nonprofits to assess language access needs and resources.
Enhance Transportation Connectivity
•Coordinate with Ben Franklin Transit to support student pass programs.
•Prioritize connectivity through Transportation System Master Plan & City Standards
•Advance bike and pedestrian infrastructure projects.
•Upgrade crosswalks to meet accessibility standards.
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PLAN ADOPTION NEXT STEPS
•City Council Review & Adoption – Presentation at the City Council
Workshop on May 27, with formal approval scheduled for June 2.
•Submission to HUD – The plan will be submitted to HUD for approval, as
the initial FY25 allocation notice has been received.
•Implementation & Oversight – Upon HUD approval, the plan will guide
the proposed actions for the next five fiscal years (2025-2029).
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AGENDA REPORT
FOR: City Council May 28, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 6/2/25
FROM: Haylie Miller, Director
Community & Economic Development
SUBJECT: Public Meeting & Resolution No. 4606 - Accepting a Notice of Intent to
Commence Annex SG Land Management LLC and Horrigan Farms LLC
10% Annexation Petition (5 minutes)
I. ATTACHMENT(S):
Proposed Resolution to Commence Annexation Proceedings Accepting the
Boundary as Petitioned
Exhibit A Motion A
Exhibit B Motion A
or
Proposed Resolution to Commence Annexation Proceedings Accepting the
Boundary including a Portion of the Right-of-Way of Burns Road
Exhibit A
Exhibit B
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC MEETING
MOTION A: I move to approve Resolution No. 4606, accepting a notice of
intent to commence annexation proceedings for the SG Land Management
LLC and Horrigan Farms LLC providing a determination on the boundary to be
annexed, and whether simultaneous zoning and the assumption of bonded
indebtedness will be required.
-or-
MOTION B: I move to approve Resolution No. 4606, accepting a notice of
intent to commence annexation proceedings for the SG Land Management
LLC and Horrigan Farms LLC Annexation providing a determination on the
boundary to be annexed, which includes a portion of the right-of-way of Burns
Road, of assumption and and simultaneous whether bonded zoning
indebtedness will be required.
Page 122 of 364
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The owners of Parcel No. 126160129 (Short Plat 2021-08, Lot 2), property
located south of Burns Road and east of Shoreline Road in Section 12,
Township 9N, Range 28 E.W.M., submitted a Notice of Intent to Commence
Annexation of an area consisting of Parcel 126160129 (Short Plat 2021-08, Lot
2) and Parcel 126160173 (Short Plat 2022-32, Lot 1) in Franklin County, WA
99301.
Per RCW 35A.14.120, City Council shall set a date, not later than sixty days
after the filing of the request, for a meeting with the initiating parties to
determine whether the City Council will accept, reject, or geographically modify
the proposed annexation.
On May 19, 2025, City Council Passed Resolution No. 4601 setting 7:00 PM,
June 2, 2025, as the time and date for a public meeting to consider a Notice of
Intent to Commence Annexation Proceedings for the SG Land Management
LLC and Horrigan Farms LLC Annexation Area.
V. DISCUSSION:
The petition method of annexation is a two-step process requiring the submittal
of a Notice of Intent to Commence Annexation proceedings followed at a later
date by consideration of an actual annexation petition.
Upon receipt of a Notice of Intent to Commence Annexation - Council is
required by law to set a date to hold a public meeting to consider:
1. Whether the City will accept, reject, or geographically modify the
proposed annexation;
2. Whether it will require the simultaneous adoption of a proposed zoning
regulation; and
3. Whether it will require the assumption of all or any portion of existing
City indebtedness by the area to be annexed.
The City has the ability and in some circumstances the responsibility to modify
the proposed annexation area beyond what the petitioners originally requested.
The City may desire to expand the area in order to simplify delivery of public
services in certain locations or commit to maintenance of impacted rights-of-
way. In this case, the City of Pasco Development Services Department will
request that the annexation area be modified to include the Burns Road right-
of-way, in accordance with RCW 35.02.170. This adjustment would extend
Page 123 of 364
from the westernmost corner of Parcel 126160129 (Short Plat 2021-08, Lot 2)
eastward to the current municipal boundary of the City (MOTION B). Franklin
County has been in contact with City staff and has expressed support for the
City annexing this portion of Burns Road right-of-way.
Passage of a resolution generally accepting the boundary is a condition
precedent to circulation of the annexation petition.
Additionally, the City has the ability to determine whether it will require the
adoption of the City’s zoning regulations. Staff will likely recommend that the
City simultaneous require and annexation also zoning City assign upon
adoption of Pasco zoning regulations.
The annexation statutes authorize the City Council to require property in an
area being annexed to assume, as a condition of annexation, a pro rata share
of the annexing city’s then outstanding indebtedness that had been approved
by the voters, contracted, or incurred prior to, or existing at, the date of
annexation. factors be should that different there will city, each In be
considered in deciding whether to require debt assumption. Some of the issues
a city should examine in reaching a decision on this question are:
Was the outstanding indebtedness incurred to finance an improvement
or facility that will benefit the newly annexed area?
share outstanding city’s of proportionate the of assumption Will a
indebtedness place an excessive financial burden on annexed property
in light of other indebtedness previously placed on the property through
the county or special districts, which will remain on the property after
annexation?
Will the property to be annexed be forming an expensive LID for special
improvements, outstanding the of that requiring such assumption
indebtedness would not be equitable?
To what extent does the annexing city desire to encourage (or
subsidize) the annexation?
Staff Recommendation:
resolution the approving consider requests that respectfully Staff Council
accepting the Notice of Intent to commence annexation proceedings for the SG
Land Management LLC and Horrigan Farms LLC Annexation. As part of this
action, Council is asked to determine:
1. The boundary of the area to be annexed to be accepted, rejected or
geographically modified. Staff recommends using the area to be
geographically modified to include a portion of Burns Road.
2. Whether simultaneous zoning will be applied; and Staff recommends a
simultaneous zoning to be applied
3. Whether assumption of bonded indebtedness will be required. Staff
recommends this item not be waived at this time. Further details will be
Page 124 of 364
provided in the packet for review and approval prior to council action.
Page 125 of 364
Resolution – Accept & Proceed (ANX 2025-001) - 1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING A NOTICE OF INTENT TO COMMENCE ANNEXATION
PROCEEDINGS FOR THE SG LAND MANAGEMENT LLC AND HORRIGAN
FARMS LLC ANNEXATION, PROVIDING A DETERMINATION ON THE
BOUNDARY TO BE ANNEXED, AND WHETHER SIMULTANEOUS
ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE
REQUIRED.
WHEREAS, the owners of property of Short Plat 2021-08 Lot 2 have filed a Notice of
Intent to Commence Annexation Proceedings to the City of Pasco; and
WHEREAS, on May 19, 2025, the City Council set a June 2, 2025, public meeting date
with the initiators to consider (1) whether the City will accept, reject, or geographically modify
the proposed annexation; (2) whether it will require the simultaneous adoption of a proposed
zoning regulation; and (3) whether it will require the assumption of all or any portion of existing
City indebtedness by the area to be annexed; and
WHEREAS, the City Council has reviewed the Notice of Intent, conducted a public
meeting with the initiators, and has determined it is in the best interests of the City to accept the
proposal as described in Exhibit A and depicted in Exhibit B, attached hereto; and
WHEREAS, the City has determined that the proposed annexation site is with the Pasco
Urban Growth Area, annexation of the proposed site would be a natural extension of the City and
said annexation would be in the best interest of the Pasco community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DOES RESOLVE AS FOLLOWS:
That the City will accept the proposed territory to be annexed as described in Exhibit A
and depicted in Exhibit B attached hereto.
Be It Further Resolved, that the territory to be annexed will not require simultaneous
adoption of zoning regulations. Zoning will be determined through a public hearing process with
input from affected property owners.
Be It Further Resolved that the annexation area will be required to assume a proportionate
share of existing City bonded indebtedness.
Be It Further Resolved, that this Resolution shall take effect immediately.
MOTION A
Page 126 of 364
Resolution – Accept & Proceed (ANX 2025-001) - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of June,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 127 of 364
EXHIBIT A
ANNEXATION LEGAL DESCRIPTION
SHORT PLAT 2021-08 LOT 2, AND ALSO
SHORT PLAT 2022-32 LOT 1.
Page 128 of 364
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Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
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Item: Intent to Commence 2-Lot Annexation
Applicant(s): SG Land Management LLC
File #: ANX 2025-001
Annexation
Area
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Resolution – Accept & Proceed (ANX 2025-001) - 1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING A NOTICE OF INTENT TO COMMENCE ANNEXATION
PROCEEDINGS FOR THE SG LAND MANAGEMENT LLC AND HORRIGAN
FARMS LLC ANNEXATION, PROVIDING A DETERMINATION ON THE
BOUNDARY TO BE ANNEXED WHICH INCLUDES A PORTION OF THE
RIGHT-OF-WAY OF BURNS ROAD, AND WHETHER SIMULTANEOUS
ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE
REQUIRED.
WHEREAS, the owners of property of Short Plat 2021-08 Lot 2 have filed a Notice of
Intent to Commence Annexation Proceedings to the City of Pasco; and
WHEREAS, on May 19, 2025 the City Council set a June 2, 2025, public meeting date
with the initiators to consider (1) whether the City will accept, reject, or geographically modify
the proposed annexation; (2) whether it will require the simultaneous adoption of a proposed
zoning regulation; and (3) whether it will require the assumption of all or any portion of existing
City indebtedness by the area to be annexed; and
WHEREAS, the City Council has reviewed the Notice of Intent, conducted a public
meeting with the initiators, and has determined it is in the best interests of the City to accept the
proposal as described in Exhibit A and depicted in Exhibit B, attached hereto; and
WHEREAS, the City has determined that the proposed annexation site is with the Pasco
Urban Growth Area, annexation of the proposed site would be a natural extension of the City and
said annexation would be in the best interest of the Pasco community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DOES RESOLVE AS FOLLOWS:
That the City will accept the proposed territory to be annexed as described in Exhibit A
and depicted in Exhibit B attached hereto.
Be It Further Resolved, that the territory to be annexed will not require simultaneous
adoption of zoning regulations. Zoning will be determined through a public hearing process with
input from affected property owners.
Be It Further Resolved that the annexation area will be required to assume a proportionate
share of existing City bonded indebtedness.
Be It Further Resolved, that this Resolution shall take effect immediately.
MOTION B
Page 130 of 364
Resolution – Accept & Proceed (ANX 2025-001) - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of June,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 131 of 364
EXHIBIT A
ANNEXATION LEGAL DESCRIPTION
SHORT PLAT 2021-08 LOT 2, AND ALSO
SHORT PLAT 2022-32 LOT 1, AND ALSO
THE RIGHT OF WAY OF BURNS ROAD DESCRIBED AS BEGINNING AT THE
NORTHWESTERN MOST CORNER OF SHORT PLAT 2021-08 LOT 2 AND CONTINUING
N 0 10’ 15” W TO THE NORTHERN LINE OF THE RIGHT OF WAY OF BURNS ROAD,
THEN EAST FOLLOWING THE NORTHERN LINE OF THE RIGHT OF WAY OF BURNS
ROAD UNTIL IT INTERSECTS THE MUNICIPAL LIMITS OF THE CITY OF PASCO, THEN
SOUTHERLY ALONG THE MUNICIPAL LIMITS OF THE CITY OF PASCO TO THE
INTERSECTION WITH THE NORTH LINE OF SECTION 7 TOWNSHIP 9 NORTH RANGE
29 E.W.M., THEN WESTERLY ALONG THE NORTH LINE OF SECTION 7 TO THE
NORTHEAST CORNER OF THE NORTH EAST QUARTER OF SECTION 12 TOWNSHIP 9
NORTH RANGE 28 E.W.M., THEN S 89 17’ 32” W 1,968.52 FEET, THEN S 0 22’ 50” W 50
FEET, THEN S 89 17’ 32” W 677.81 FEET ALONG THE NORTH BOUNDARY OF SHORT
PLAT 2022-32 LOT 1, THEN N 0 10’ 15” W 10 FEET, THEN S 89 56’ 58” W 990.10 FEET
ALONG THE NORTH BOUNDARY OF SHORT PLAT 2021-08 LOT 2 TO THE POINT OF
BEGINNING.
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ANNEXATION
PETITION AREA
Item: Intent to Commence 2-Lot Annexation
Applicant(s): SG LAND MANAGEMENT LLC
File #: ANX 2025-001
Vicinity
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Exhibit B
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Annexations (RCW 35A.14.120, PMC 25.220)
The legislative body shall set a date, not later than sixty days after the filing of the
request, for a meeting with the initiating parties to determine whether the City
Council will accept, reject, or geographically modify the proposed annexation.
On May 19, 2025 City Council Passed Resolution No. 4601 setting 7:00 PM,
June 2, 2025, as the time and date for a public meeting to consider a Notice of
Intent to Commence Annexation Proceedings for the SG Land Management
LLC and Horrigan Farms LLC Annexation Area.
City of Pasco Development Services requests that the Annexation Area be
geographically modified to encompass the Burns Road Right-of-Way from the
western -most corner of Parcel 126160129/Short Plat 2021-08 Lot 2 east to
the Municipal Boundary of the City of Pasco.
ANX 2025-001 –SG Land Management
LLC and Horrigan Farms LLC
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PETITIONED SG Land Management LLC and Horrigan Farms LLC Annexation Area
•Parcel 126160129
Short Plat 2021-08, Lot 2
•Parcel 126160173
Short Plat 2022-32, Lot 1
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EXPANDED ANNEXATION AREA TO INCLUDE BURNS ROAD RIGHT OF WAY
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AGENDA REPORT
FOR: City Council May 23, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 6/2/25
FROM: Haylie Miller, Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4768 - Sawyer R-S-1 to R-1 Zone Change (Z2025-
002) (5 minutes staff presentation)
I. ATTACHMENT(S):
Ordinance
Exhibit A - Hearing Examiner Recommendation, dated April 17, 2025
Exhibit B – Vicinity Map
Staff Report and information packet to Hearing Examiner for Hearing on April
09, 2025
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:zoning the amending 4768, No. move adopt to I Ordinance
classification of certain real property located on the east side of Road 40, near
the intersection of Road 40 and W. Pearl Street, Pasco, Washington and,
further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On April 09, 2025, the Hearing Examiner held a public hearing to consider a
request to rezone S 1 1/2 ACRES OF N 3 ACRES of W2SW4NE4SE4 23-9-29
(Parcel R-S-1 from County, Washington Pasco, in #119132073) Franklin
Suburban to R-1 Low-Density Residential.
Following hearing, the Hearing Examiner the conclusion of the public
recommended approval of the Applicants request for a rezone.
No appeals of this recommendation have been received.
Page 137 of 364
V. DISCUSSION:
Applicant Scot Hanson requests to rezone Parcel #119132073, located on east
side of North Road 40, north of West Pearl Street, south of West Ella Street,
and Low-Density R-1 to Suburban from R-S-1 Road North of west 39,
Residential. The subject property is approximately 1.50 acres in size.
The Comprehensive Plan Land Use Designation for the subject property is
Low-Density Residential.
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 based on 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.
of proposed any density 25.215.015 maximum PMC Per gross
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.
Page 138 of 364
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:
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
Page 139 of 364
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 where areas development density in placing of policy higher
transportation and utility infrastructure is present, as the site is adjacent
to two local streets (Road 40 and Road 39); an 8” sewer main and an 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:
(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 the satisfy to helping land policy, use this rising while
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
Page 140 of 364
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.
8. Recommendation – Hearing Examiner:
As noted in the attached “Exhibit A,” the Hearing Examiner has found
that the proposed rezone meets the criteria found in PMC Section
25.210.060, and recommended, based on the Recommended Findings
of Fact and Conclusions of Law, that the City Council approve the
rezone of Parcel No. 119132073 from R-S-1 to R-1, without a
concomitant agreement.
Page 141 of 364
Ordinance Rezone Z2025-002 - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED ON THE EAST SIDE OF ROAD 40 NEAR THE
INTERSECTION OF ROAD 40 AND W PEARL STREET, PASCO,
WASHINGTON.
WHEREAS, Scot Hanson, the petitioner, seeks to rezone Parcel No. 119-132-073, located
at 1925 Road 40, Pasco, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City of
Pasco (City) and, after notice was issued under PMC Section 25.210.040, an open record hearing
was conducted by the Pasco Hearing Examiner upon such petition on April 9, 2025; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by t he regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a co ncomitant
agreement is not required under these circumstances; and (f) the proposal is consistent with and
satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to
approve the rezone, which findings and recommendation are hereby adopted by the City Council,
and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A.
Page 142 of 364
Ordinance Rezone Z2025-002 - 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the
Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from
zoning district R-S-1 Suburban, to R-1 Low-Density Residential for the real property as shown in
the Exhibit B attached hereto and described as follows:
S 1 1/2 ACRES OF N 3 ACRES OF W2SW4NE4SE4 23-9-29 .
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this
Ordinance.
Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 143 of 364
CITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF )RECOMIVIENED FINDINGS OF
)FACT,RECOMMENDED
Z 2025-002 )CONCLUSIONS OF LAW,AND
Sawyer Rezone )RECOMMENDED DECISION
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.RECOM1VIENDED FINDINGS OF FACT
1.APPLICANT:Scot Hanson;7015 Alderman Rd.;Pasco,WA 99301
2.REQUEST:REZONE:1925 Road 40 (Parcel 119132073)Rezone from R—S-l (Suburban)to R—l
(Low—DensityResidential)
3.TIMELINE
3.1.22 January 2025 Application Submitted
3.2.06 March 2025 Application Deemed Complete
7
3.3.10 March 2025 Notice of Application with Optional SEPA Determination of Non—
3.4.
3.5.
3.6.
3.7.
Signi?cance (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 22025—002scheduled for April 09,2025,was
posted on the City of Pasco website,published in the Tri—CityHerald Newspaper,and mailed to
properties within 300 feet of proposed rezone.
3.8.27 March 2025 Public Comment received from Franklin County Public Works
3.9.27 March 2025 SEPA Mitigated Determination of Non—Signi?cance issued for
SEPA2025-007 posted on SEPA register.
3.10.28 March 2025 SEPA Mitigated Determination of Non-Signi?cance for SEPA2025—007
distributed to Parties of Record.
3.11.02 April 2025 Public Hearing Staff Report Published
4.PROPERTY DESCRIPTION:
4.1.Legal:S 1 1/2 ACRES OF N 3 ACRES OF WZSW4NE4SE4 23-9-29
4.2.General Location:1925 Road 40;eastern side of Road 40 approximately 276 feet from the
intersection of W Pearl Street and Road 40.
Z 2025-002
Sawyer Rezone
Page 1 of 8
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4.3.Property Size:Approximately 1.50 acres (approximately 65,334 sq.it.)
5.ACCESS:1925 Road 40 (Parcel 119132073)has access via Road 40.
6.UTILITIES:Municipal water and sewer are available from both Road 40 and 39.
7.LAND USE AND ZONING:The site is zoned R-S12 (Suburban)and is currently vacant land.Single-
family homeand accessory structures were noted as demolishedon or around February 20,2025 (B24-
2800).Surrounding properties are zoned and developed as follows:
7.1.NORTH:R—l LOW DENSITY RESIDENTIAL
7.2.EAST:RS-20 COUNTY,SUBURBAN
7.3.SOUTH:RS—12 SUBURBAN
7.4.WEST:RS-12 SUBURBAN
8.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-l2,RS—l,R-l,R-l-A,
and R—l-A2designations.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.
8.1.Housing Goal H-l 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—l—Afurther 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.
9.ENVIRONNIENTAL 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-Signi?cance (MDNS)for this project issued on 27 March 2025,under WAC 197—11-355.
9.1.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.
10.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—l (Suburban)to R—l(Low-Density Residential).The site comprises approximately
1.50 acres (approximately 65,334 square feet).
10.1.The underlying Land Use Code is “Low Density Residential,”which speci?es 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.
11.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-l was assigned via Ordinance 4517.A single—familydwelling 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).
Z 2025-002
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Page 145 of 364
12.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:
12.1.The date the existing zone became effective:
12.1.1.The site was assigned R—S-lzoning in 2021 via Ordinance 4517.
12.2.The changed conditions,which are alleged to warrant other or additional zoning:
12.2.1.A change in zoning from R—S—lto R—lwould allow for residential developmentto be at the
maximum density allowed for the Low-Density Residential designation.Current zoning
designation of R—S-ldoes not allow for lot division at the maximum density allowed.
12.3.Facts to justify the change on the basis of advancing the public health,safety and general welfare:
12.3.1.The Low-Density Residential designation allows for RS—20,RS-12,RS-1,R—1,R—l -A,and
R-l—A2zoning;developmentwith a higher density of dwelling units per acre will help reduce
urban sprawl and increase home ownership.
12.3.2.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
12.3 .3.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.
12.3.4.From a public health perspective,future residential development of the site could
encourage walking to and from school with developmentof 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.
12.3.5.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.
12.3.6.Safety of the future residential community will also be provided for through the
implementation of the civil,building and ?re codes which mandate adequate access,fire
hydrants,and similar ?re 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.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.
12.5.The effect on the property owner or owners if the request is not granted:
12.5.1.Per Applicant,property could not be able to be subdivided at the maximum density allowed
under Low-Density Residential Comprehensive Plan Land Use Designation.
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
Z 2025-002
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Page 3 of 8
Page 146 of 364
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-l,R-
1,R—l-A,and R—l-A2zones.
12.6.2.The proposed rezone application would implement or be consistent with the following
comp plan policies:
12.6.2.1.LU-2—APolicy:Maintain suf?cient land designated to accommodate residential,
commercial,industrial,educational,public facility,and open—space uses proximate to
appropriate transportation and utility infrastructure.
12.62.11 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.
12.6.2.2.LU—2-BPolicy: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 ?exibility 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—lresidential in?ll development.
12.6.2.3.LU—4-BPolicy:Encourage in?ll 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 Court Street,a principal arterial street makes
R—llow density residential development of the site consistent with this land use
policy.
12.6.2.4.LU—4-DPolicy:Designate areas for higher density residential developmentswhere
utilities and transportation facilities enable ef?cient use of capital resources.
12.6.2.4.].R—l residential development on the site would ful?ll this comprehensive
plan policy of placing higher density development in areas where transportation
and utility infrastructureis 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.
12.6.2.5.LU-S-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
permitted within the applicable zones,under the provisions of these Zone District
Standards:
12.6.2.5.1.1.Single—familydwelling unit detached (SFDU —Detached).
12.6.2512.Single-family dwelling unit attached (SFDU ~Attached).
12.6.2.5.1.3.Duplexes and triplexes.
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13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
12.6.2.5.l.4.Multifamily attached (including apartments,stacked ?ats,
condos).
12.6.2.5.1.5.Multifamily detached (including cottage housing).
12.6.2516.New factory assembled homes.
12.6.2.5.2.An R—l 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—l—APolicy: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 developmentsetc.
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.
12.7.7.Such other information as the Hearing Examiner requires:
12.7.1.The rezone application is consistent with and meets the intent of the Comprehensive Plan,
and City Council Goals.
Findings of fact must be entered from the record.The ?ndings in this decision are drawn from the
background and analysis section of the staff report and the evidence admitted into the record at the
hearing.The Hearing Examiner may add additional findings to this listing as the result of factual
testimony and evidence submitted during the open record hearing.
Rezone application 22025-002 to rezone S 1 1/2 ACRES OF N 3 ACRES OF WZSW4NE4SE4 23—9—
29 (Parcel 119132073)was submitted on January 22,2025.
The application was determined to be complete on March 06,2025.
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 .
Applicant wishes to rezone 1925 Road 40 (Parcel 119132073)from R-S-l (Suburban)to R—l (Low-
Density Residential).
The sites comprise approximately 1.50 acres (approximately 65,334 square feet).
The underlying Land Use code speci?es 3 to 6 dwelling units per acre.
Site was annexed into the City via Ordinance 3675 in 2004
The site was originally zoned RS—12(Suburban)via Ordinance 3676.
The site was assigned R—S-lzoning in 2021 via Ordinance 4517.
On January 24,2022 Council approved Ordinance 4575,amending the Zoning code,including Pasco
MunicipalCode (PMC)25.45 relating to the R—lzoning district.
The approved ordinance changed the purpose of the R—lzone found in PMC 25.45.010,as follows:
PMC 25.45.020 added zero—lotline dwellings,multiple dwellings,duplexes,triplexes,and courtyard
apartments to the mix of allowed uses in the R—l zoning district.
A rezone from R—S-l (Suburban)to R—l (Low—Density Residential)would allow R-l density
Residential development to occur along and/or near two local streets.
The rezone application and proposal are consistent with the Council-approved Comprehensive Plan.
Z 2025-002
Sawyer Rezone
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Page 148 of 364
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
Mark Twain Elementary located approximately .06 miles from the site.
The site is located approximately.66 miles from Pasco Fire Station #84 on West Court Street.
The civil,building and ?re codes mandate adequate access,?re hydrants,and similar ?re and life safety
requirements for all new development.
The site is adjacent existing single—familydevelopment.
Per PMC 25.215 .015,the Low-Density Residential designation allows R—S—20,R—S-12,R—S—l,R—l,R-
l-A,and R-l-A2 zones.
Current zoning of the site is R—S-l,which requires a 10,000—footminimum lot size.
The City’s 2018-2038 Comprehensive Plan Land Use Map designates the site as “Low Density
Residential”.
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.
1925 Road 40 (Parcel 119132073)originally had a single—familyhome and accessory structure located
on the property.Those structures were demolished on or around February 20,2025 (B24—2800).
Before recommending approval or denial of a rezone,the Hearing Examiner must develop ?ndings of
fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060.The criteria
are as follows:
36.1.The proposal is in accordance with the goals and policies of the Comprehensive Plan.
36.1.1.The Land Use Element of the Comprehensive Plan designates the lot “Low-Density
Residential District.”The proposed R—lzoning 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:
36.1.2.LU-2-A Policy:Maintain suf?cient land designated to accommodate residential,
commercial,industrial,educational,public facility,and open—space uses proximate to
appropriate transportation and utility infrastructure.
36.1.3.LU—2-BPolicy:Facilitate planned growth within the City limits and UGA and promote
in?ll developments in the City limits through periodic review of growth patterns and market
demand within each of the City’s land use designations.
36.1.4.LU-4-B Policy:Encourage in?ll and higher density uses within proximity to major travel
corridors and public transportation service areas.
36.1.5.LU—4-DPolicy:Designate areas for higher density residential developments where utilities
and transportation facilities enable ef?cient use of capital resources.
36.1.6.LU-S-A Policy:Allow a variety of residential densities throughout the UGA.
36.1.7.LU-S-B Policy:Encourage higher residential densities within and adjacent to major travel
corridors,Downtown (Central Business District),and Broadmoor.
36.1.8.6-A Policy:Encourage commercial and higher-density residential uses along major
corridors and leverage infrastructure availability.
Z 2025-002
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Page 6 of 8
Page 149 of 364
36.1.9.H-l-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 developmentsetc.
36.1.10.H—l-BPolicy:Higher intensity housing should be located near arterials and neighborhood
or community shopping facilities and employment areas.
36.2.The effect of the proposal on the immediatevicinity will not be materially detrimental.
36.2.1.The Comprehensive Plan designates the property “Low—DensityResidential.”As such,the
site may be zoned RS—ZO,RS-l2,RS-l,R—l,or R—l—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—lZ,R—S—l,R—l,R—l—A,and R-l-A2 zones.
36.2.2.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 bene?cial 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.
36.3.There is merit and value in the proposal for the community as a whole.
36.3.1.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.
36.3 .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.The proposal includes in?ll
development and promotes the goals of the Low Density Residential Land Use Map
Designation.
36.4.Conditions should be imposed in order to mitigate any signi?cant adverse impacts from the
proposal.
36.4.1.The rezone application and anticipated project are subject to the regulations and
requirements of the Pasco Municipal Code and the City of Pasco Design and Construction
Standards.As such,no conditions should be imposed;any future development will be
evaluated for signi?cant adverse impacts at the time of a development application,which will
also be subject to review under the State Environmental Policy Act (SEPA).
36.5.A Concomitant Agreement should be entered into between the City and the petitioner,and if so,the
terms and conditions of such an agreement.
36.5.1.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.
37.An open record public hearing was held,after legal notice,on April 9,2025
38.Appearing and testifying on behalf of the Applicant was Christine Batayola.Ms.Batayola testi?ed that
she was an agent authorized to appear and speak on behalf of the property owner and Applicant.She
Z 2025-002
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Page 7 of 8
Page 150 of 364
stated that they agreed with the representations set forth within the staff report and the proposed
Conditions of Approval.
39.No member of the public testi?ed at the hearing.
40.The following exhibits were admitted into the record:
40.1.EX.1 Staff Report;
40.2.Ex.2 Remainder of Staff File.
41.The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
42.Any Conclusion of Law that is more correctly a Finding of F act is hereby incorporatedas 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 incorporatedas such by this
reference.
III.RECONIMENDED DECISION
Based on the above Findings of Fact and Conclusions of Law,The Rezoning of application Z 2025—002
is hereby recommended to be APPROVED.
Dated this Z2 day of April,2025
CITY OF P CO HEARING EXAMINER
Andrew L.Kottkamp
Absent a timely appeal,this Decision is ?nal1
1 See Ch.36.70C RCW (establishing a 21 day appeal period to superior court,and setting forth necessary review
contents,along with ?ling and service requirements).
Z 2025-002
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Page 151 of 364
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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
Page 153 of 364
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).
Page 154 of 364
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:
Page 155 of 364
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:
Page 156 of 364
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.
Page 157 of 364
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.
Page 158 of 364
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).
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CED (01/31/2025): SEPA checklist
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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.
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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
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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
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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.
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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
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·,
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
Page 194 of 364
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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:
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Sandy L.nworthy
Deputy City Clerk
Leland B.Kerr
City Attorney
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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
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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.
Page 198 of 364
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"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
Page 199 of 364
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PFlSCO CITY OF ORCIN 22.00 Franklin Co,WFI
EXHIBIT #1
Annexation Ord.#3&75
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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
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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
Page 202 of 364
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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
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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
Page 213 of 364
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
Page 214 of 364
Vicinity
Map
--Feet
Ite1n: 1925 Road 40
Applicant(s): Scot Hanson
File #: 22025-002
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,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
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Published on:
03/26/25
Page 217 of 364
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!Page 218 of 364
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
Page 219 of 364
.: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 .
Page 220 of 364
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 .
Page 221 of 364
'\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
Pa
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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.
Page 223 of 364
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 224 of 364
Page 2 of 2
Page 225 of 364
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=1/2Page 226 of 364
<< 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=2/2Page 227 of 364
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.
Page 228 of 364
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.
Page 229 of 364
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
Page 230 of 364
• 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.
Page 231 of 364
Z2025-002: Sawyer, R-S-1 to R-1
Public Hearing & Hearing Examiner Determination:
◦ April 09, 2025
◦Recommendation of Approval
Site Information:
◦Parcel: 119132073
◦ Size: 1.50 Acres
◦Land Use: Low-Density Residential
◦Current Zoning District:
R-S-1, Suburban
◦Proposed Zoning District:
R-1, Low-Density Residential
Rezone Criteria: PMC 25.210.030
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Z2025-002: Sawyer, R-S-1 to R-1
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Z2025-002: Sawyer, R-S-1 to R-1
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Requirements for Zoning Petition (PMC 25.210.030)
•The date the existing zone became effective;
•The changed conditions which are alleged to warrant other or additional zoning;
•Facts to justify the change on the basis of advancing the public health, safety and
general welfare;
•The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan;
•The effect on the property owner or owners if the request is not granted;
•The Comprehensive Plan land use designation for the property; and
•Such other information as the Hearing Examiner requires.
Z2025-002: Sawyer, R-S-1 to R-1
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Process (Chapter 25.210 PMC)
Rezone
Petition and
Application
PMC
25.210.020(1)
Public
Notice
PMC
25.210.04
0
Public
Hearing
w/Hearing
Examiner
PMC
25.210.020(1)(
c)
Hearing
Examiner
Findings +
Recommendatio
n
PMC 25.210.060
City
Council
Regular
Business
Meeting
PMC
25.210.080
Z2025-002: Sawyer, R-S-1 to R-1
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AGENDA REPORT
FOR: City Council May 23, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 6/2/25
FROM: Haylie Miller, Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4769 - Stutesman R-S-12 to R-1 Zone Change
(Z2025-003) (5 minutes staff presentation)
I. ATTACHMENT(S):
Ordinance
Exhibit A – Hearing Examiner Recommendation, dated April 17, 2025
Exhibit B – Vicinity Map
Staff Report and information packet to Hearing Examiner for Hearing on April
09, 2025
Public Comments Received from Nearby Neighbors Submitted After Hearing
Examiner Packet Was Sent Out
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: zoning the amending 4769, No. adopt to move I Ordinance
classification of certain real property located in the corner of W. Sylvester
Street and Road 34 and, further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On April 09, 2025, the Hearing Examiner held a public hearing to consider a
request to rezone SHORT PLAT 2024-26 LOT 1 (Parcel No. 119421047) and
SHORT PLAT 2024-26 LOT 2 (Parcel No.119421048) in Pasco, Franklin
County, Washington from R-S-1 Suburban to R-1 Low-Density Residential.
Following the conclusion of the public hearing, the Hearing Examiner
recommended approval of the Applicants request for a rezone.
Page 237 of 364
No appeals of this recommendation have been received.
V. DISCUSSION:
Applicant Robert Stutesman requests to rezone Parcel Nos. 119421047 and
119421048, located on east side of North Road 34, north of West Yakima
Street, south of West Sylvester Street, and west of North Road 32, from R-S-
12 Suburban to R-1 Low-Density Residential. The subject property is
approximately .80 acres in size.
The Comprehensive Plan Land Use Designation for the subject property is
Low-Density Residential.
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 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
Page 238 of 364
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
Twain Mark along site, with from miles .66 approximately the
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 the within well Street, Court #84 along Station Fire West
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.
5. The effect on the property owner or owners if the request is not granted:
Page 239 of 364
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
Page 240 of 364
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.
(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 rising the to helping satisfy policy, use land this while
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, manufactured townhouses, condominiums, apartments, and
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.
8. Recommendation – Hearing Examiner:
Page 241 of 364
As noted in the attached “Exhibit A,” the Hearing Examiner has found
that the proposed rezone meets the criteria found in PMC Section
25.210.060, and recommended, based on the Recommended Findings
of Fact and Conclusions of Law, that the City Council approve the
rezone of Parcel No.’s 119421047 and 119421048 from R-S-12 to R-1,
without a concomitant agreement.
Page 242 of 364
Ordinance Rezone Z2025-003 - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED IN THE CORNER OF W SYLVESTER STREET AND
ROAD 34, PASCO, WASHINGTON.
WHEREAS, Robert Stutesman, the petitioner, seeks to rezone Parcel Nos. 119-421-047
and 119-421-048, located at 617 Road 34, 609 Road 34 (Unit A/B), and 605 Road 34 (Unit A/B),
Pasco, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City of
Pasco (City) and, after notice was issued under PMC Section 25.210.040, an open record hearing
was conducted by the Pasco Hearing Examiner upon such petition on April 9, 2025; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by t he regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposal is consistent with and
satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to
approve the rezone, which findings and recommendation are hereby adopted by the City Council,
and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A.
Page 243 of 364
Ordinance Rezone Z2025-003 - 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the
Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from
R-S-12 Suburban to R-1 Low-Density Residential for the real property as shown in the Exhibit B
attached hereto and described as follows:
SHORT PLAT 2024-26 LOT 1 AND LOT 2
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this
Ordinance.
Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or feral laws, rules, or regulations; or numbering
or referencing of ordinances or their sections and subsections.
Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 244 of 364
CITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF )RECOMlVIENDED FINDINGS OF
)FACT,RECONIMENDED
)CONCLUSIONS OF LAW,AND
Z 2025-003 )RECOM1VIENDEDDECISION
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 RecommendedFindings
of Fact,RecommendedConclusions of Law,and RecommendedDecision as follows:
I.RECOMlVIENDED 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—l (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:
4.1.Legal:Parcel #119421047 (SHORT PLAT 2024-26 LOT 1)and Parcel #119421048 (SHORT
PLAT 2024—26LOT 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:
7.1.NORTH:RS-12 Single-Family Dwelling Units (SFDUs)
7.2.EAST:RS—12 SFDUs
7.3.SOUTH:RS-12 SFDUs,
Z 2025-003
Statesman Rezone
Page 1 of 9
Page 245 of 364
10.
ll.
12.
7.4.WEST:RS—12 SFDUS
COMPREHENSIVEPLAN:Per Pasco Municipal code (PMC)25.215.015,the Comprehensive PlandesignatesthissiteasLow-Density Residential.The Low-Density Residential designationaccommodatesadiverserangeofhousingatadensityof3to6dwellingunitsperacre,and allows R—8—20,R—S-lZ,R—S—l,R—l,R—l—A,and R—l-A2zones.
ENVIRONMENTALDETERMINATION:The rezone application is exempt from SEPA due to theprojectmeetingtherequirementsofWAC197-11-8009(6)(c).
REQUEST:Robert Stutesman,on behalf of Stutesman Development,LLC submitted a rezoneapplication(Z 2025-003)to change the zoning designation from RS-12 (Suburban District)to R—l(Low—DensityResidential District),for Lots 1 and 2 of SHORT PLAT 2024-26,a .80-acre site locatedattheintersectionofWestSylvesterStreetandRoad34withaddressingof617Road34(Parcel119421047),609 Road 34 Unit A/B,and 605 Road 34 Unit A/B (Parcel 119421048),Pasco,FranklinCounty,WA.
10.1.Applicant is requesting the zone change to increase ?exibility down the road regarding the
two duplexes currently under construction on parcel 119421048 (B24—2004).A change in thezoningdesignationtoR—l,would allow for the parcel containingthe two duplexes to be furtherdividedastheminimumlotsizeforduplexesintheR-l 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)].
10.2.On a semi-relatednote,the application states that the estimatedtime frame of development
is 8 months.After conferring with the applicant,the developmenttimeframe 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 includedmostly single-family residential development.
Rezone Criteria:The initial review criteria for considering a rezone application are explained in PMC.2588030.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-footminimum lot size.
Increased ?exibility is needed regarding lot division,thus necessitating the rezone.Due to
Pasco’s rapid population increase,developingthe remaining in?ll properties around the City
has become crucial to accommodate ?iture growth.By rezoning the property to R—l,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—l zoning district.The
approved ordinance changed the purpose of the R—l zone found in PMC 25.45.010,as
follows:“The R—llow 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,
Z 2025-003
Stutesman Rezone
Page 2 of 9
Page 246 of 364
provided their nature and location are not detrimentalto the intendedlow—to medium—densityresidentialenvironment.”As well,PMC 25.45.020 added zero-lot line dwellings,multipledwellings,duplexes,triplexes,and courtyard apartments to the mix of allowed uses in the R—
1 zoning district.The density requirement in PMC 25.45.050was also amended to eliminatetheone-unit—per-lotdevelopment restriction.
12.3.Facts to justify the change on the basis of advancingthe public health,safety,and general
welfare:
12.3.1.The rezone application and proposal are consistent with the City Council-approved
ComprehensivePlan,which has been determinedto be in the best interestof advancing public
health,safety,and general welfare of the community.It is hoped that ?irther 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 TwainElementarylocatedapproximately.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—rnodalimprovements 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
#84 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 ?re codes which mandate adequate access,?re
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—familydevelopment 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-l,R-l,R—l-A,and R—l-A2
zones.The site is surrounded by RS-12 zoning;RS-l2 zoning requires a 12,000—square—foot
minimum lot size;the proposed rezone to R-l 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 bene?cial 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
Z 2025 —003
Stutesman Rezone
Page 3 of 9
Page 247 of 364
duplexes only being able to be sold as an investmentproperty only and not with the intentionofhomeownership.
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-DensityResidentialg”the proposed zoning district is compatible with the Comprehensive Plan LandUsedesignation;the Low—DensityResidential designation accommodates a diverse range ofhousingatadensityof3to6dwellingunitsperacre,and allows R—S-ZO,R—S-12,R-S-l,R-1,R-l-A,and R—l-A2zones.
12.6.2.The proposed rezone application would implement or be consistent with the followingcompplanpolicies:
12.6.2.1.LU—2-APolicy:Maintain suf?cient land designated to accommodate residential,commercial,industrial,educational,public facility,and open—space uses proximate toappropriatetransportationandutilityinfrastructure.
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 isadjacenttoWestSylvesterStreet,a minor arterial in a location where existingutilityservicesareavailabletoservefuturedevelopment.The proposed rezone is
consistent with the intent of this policy.
12.6.2.2.LU—Z-BPolicy:Facilitate planned growth within the City limits and UGA and
promote in?ll 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 ?exibility for the City andlandownerstomeettherisingdemandfornewhousingunits.The proximity of
this property to West Sylvester Street,an arterial street makes this site particularly
well suited for future R-l residential in?ll development.
12.6.2.3.LU—4-BPolicy:Encourage in?ll 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—1low density residential development of the site consistent with this
land use policy.
12.6.2.4.LU—4-DPolicy:Designate areas for higher density residential developmentswhere
utilities and transportation facilities enable ef?cient use of capital resources.
12.6.2.4.1.R—lresidential development on the site would ful?ll 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 immediatelyadjacent to the
site.
12.6.2.5.LU-5-A Policy:Allow a variety of residential densities throughout the UGA.
12.6.2.5.].Per PMC 25.45.020 Permitted uses,all housing types permitted in PMC
25.22020,Zone District Standards,are permitted in this zone.Per PMC
25 22.020 Permitted housing types,the following residential housing types are
Z 2025-003
Stutesman Rezone
Page 4 of 9
Page 248 of 364
13.
14.
15.
l6.
17.
18.
19.
20.
21.
22.
permitted within the applicable zones,under the provisions of these Zone DistrictStandards:
12.6.2.5.l .1.Single-family dwelling unit detached (SFDU —Detached).
12.6.2512.Single-familydwelling unit attached (SFDU —Attached).
l2.6.2.5.l.3.Duplexes and triplexes.
12.6.2.5.1.4.Multifamily attached (including apartments,stacked ?ats,
condos).
12.6.2.5.1.5.Multifamily detached (including cottage housing).
12.6.2.5.].6.New factory assembled homes.
12.6.2.5.2.An R—l low density residential development of the site would help toimplementthislandusepolicy,while helping to satisfy the rising demand forhousingthatiscurrentlyfeltbothlocallyandregionally.
12.6.2.6.H-l-A Policy:Allow for a full range of housing including single family homes,townhouses,condominiums,apartments,and manufactured housing,accessorydwellingunits,zero lot line,planned unit developmentsetc.
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—l low-
density zoning in this area supports the Land Use Element of the Comprehensive
Plan.
Rezone application Z 2025-003 to rezone Lots 1 and 2 of Short Plat 2024-26 was submittedon February25,2025 .
The application was determinedto be complete on March 06,2025.
Public notice of this hearing was mailed to property owners within 300 feet of the site and published intheTri-City Herald newspaper on March 12,2025.
Applicant Wishesto 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—l.
The site comprises approximately 3.08 acres (approximately 34,997 sq.ft).
The site is located approximately 300 feet east of the intersectionof Road 34 and West Sylvestre Street.
The site was annexed into the City in 1996 (Ordinance 3146)
The site was assigned RS-l2 (Suburban District)(Ordinance 3147)in conjunction with the annexation.
The rezone would support the ability to subdivide the two duplexes currently under construction on
parcel 119421048.
On January 24,2022 Council approved Ordinance 4575,amending the Zoning code,including PascoMunicipalCode(PMC)25.45 relating to the R—lzoning district.
Z 2025-003
Stutesman Rezone
Page 5 of 9
Page 249 of 364
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
The approved ordinance changed the purpose of the R—lzone found in PMC 25.45.010,as follows:PMC 25.45.020 added zero—lotline dwellings,multiple dwellings,duplexes,triplexes,and courtyardapartmentstothemixofallowedusesintheR—lzoning district.
The density requirement in PMC 25.45.050 was also amended to eliminate the one-unit—per—lotdevelopmentrestriction.
A rezone from RS-12 (Suburban)to R-l (Low-Density Residential)would allow R—l densityResidentialdevelopmenttooccuralongand/or near a minor arterial street.
The underlying land use code speci?es 3 to 6 dwelling units per acre.
The rezone application and proposal are consistent with the Council-approvedComprehensive Plan.
Issac Stevens Middle School is approximately .66 miles from the site,along with Mark TwainElementarylocatedapproximately.68 miles from the site.
The entrance walkway to the east entrance of Wade Park is approximately .38 miles away.
The site is located approximately one mile from Pasco Fire Station #84 on West Court Street.
The civil,building and ?re codes mandate adequate access,?re hydrants,and similar ?re and life safetyrequirementsforallnewdevelopment.
The site is adjacent existing single-familydevelopment.
Per PMC 25.215.015,the Low-DensityResidential designation allows R—S-20,R—S-12,R-S-l,R—l,R—1—A,and R—l-A2zones.
Current zoning of the site is RS-12,which requires a 12,000—footminimum lot size.
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-DensityResidentialDistrict.”The proposed R—lzoning district would be in alignment with the Land UsemapwithintheCity’s Comprehensive Plan.Future potential developmentcould additionally fosterorhelptoimplementthefollowingpoliciesfromtheComprehensivePlan:
35.1.1.LU-2—A Policy:Maintain sufficient land designated to accommodate residential,commercial,industrial,educational,public facility,and open-space uses proximate toappropriatetransportationandutilityinfrastructure.
35.1.2.LU-2-B Policy:Facilitate planned growth within the City limits and UGA and promotein?ll developmentsin the City limits through periodic review of growth patterns and marketdemandwithineachoftheCity’s land use designations.
35.1.3.LU-4—BPolicy:Encourage in?ll and higher density uses within proximity to major travel
corridors and public transportation service areas.
35.1.4.LU—4-DPolicy:Designate areas for higher density residential developmentswhere utilities
and transportation facilities enable ef?cient use of capital resources.
35.1.5.LU-S—APolicy:Allow a variety of residential densities throughout the UGA.
35.1.6.LU—S—BPolicy: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—densityresidential uses along major
corridors and leverage infrastructure availability.
Z 2025-003
Stutesman Rezone
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36.
37.
38.
39.
40.
41.
42.
35.1.8.H-l-A Policy:Allow for a full range of housing including single family homes,townhouses,condominiums,apartments,and manufacturedhousing,accessory dwellingunits,zero lot line,planned unit developmentsetc.
35.1.9.H—l-BPolicy:Higher intensity housing should be located near arterials and neighborhood
or community shoppingfacilities and employment areas.
The effect of the proposal on the immediatevicinity will not be materially detrimental.
36.1.The Comprehensive Plan designates the property “Low-Density Residential.”As such,thesitemaybezonedRS-20,RS—12,RS—l,R-l,or R—l-A.The site is adjacent existing single—familydevelopmentandvacantland.A change in zoning would be consistent with the comprehensiveplan.According to PMC 25.215 .015,the Low-Density Residential designation accommodates adiverserangeofhousingatadensityof3to6dwellingunitsperacre,and allows R—S—20,R—S-12,R—S—l,R—l,R-l-A,and R—l-AZzones.
36.2.Further,the effect of the proposal on immediate vicinity will likely not be materiallydetrimentalbecauseLow—Densitydevelopment has been established by City Council as an
appropriate and bene?cial 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 theComprehensivePlan.
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 servedbymunicipalutilities.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 ful?lling the goals
and policies of the Comprehensive Plan,the proposal includes in?ll development.
Conditions should be imposed in order to mitigate any signi?cant 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 ?iture development will be evaluated
for signi?cant adverse impacts at the time of a developmentapplication,which will also be subject
to review under the State EnvironmentalPolicy Act (SEPA).
A ConcomitantAgreement should be entered into between the City and the petitioner,and if so,the
terms and conditionsof 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.
An open record public hearing was held,after legal notice,on April 9,2025
Appearing and testifying on behalf of the Applicant was Rob Stutesman.Mr.Stutesman testi?ed 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.
Testifying from the public were the following individuals:
Z 2025-003
Stutesman Rezone
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43.
44.
45.
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 ?nds that the fact that each duplex is going to be located on its
separate lot does not increasethe current impacts or potential impacts to the neighborhood simply
by allowing each individual unit in the duplex to be sold.
The followingexhibits were admitted into the record:
43.1.Ex.1 Staff Report;
43.2.EX.2 Remainder of Staff File.
The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporatedas such by this
reference.
II.RECOMNIENDED CONCLUSIONS OF LAW
The Hearing Examiner has been granted the authority to render this decision.
As conditioned,this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal
Code.
Any Finding of F act that is more correctly a Conclusion of Law is hereby incorporatedas 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.
Z 2025—003
Stutesman Rezone
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Dated this I b day of April,2025
CITY OF P CO HEARINGEXAMINER
Andrew L.Kottkamp
,
Absent a timely appeal,this Decision is ?nal1
1 See Ch.36.70C RCW (establishinga 21 day appeal period to superior court,and setting forth necessary reviewcontents,along with ?ling and servicerequirements).
Z 2025-003
Stutesman Rezone
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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
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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
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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.
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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.
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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.
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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.
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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).
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'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
Page 268 of 364
·--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
Page 269 of 364
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::
Page 270 of 364
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
Page 271 of 364
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Low-
Density
Residential
Medium-Density Residential
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Looking East
Looking North
Page 276 of 364
Looking South
Looking West
Page 277 of 364
Page 278 of 364
Page 279 of 364
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
Page 280 of 364
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
Page 281 of 364
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
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'\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
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Published on:
03/12/25
Page 284 of 364
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!Page 285 of 364
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
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<< Click here to print a printer friendly version >>
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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.
Page 293 of 364
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 294 of 364
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April 9, 2025
Re Zoning
All,
To whom it may concern. The re-zoning proposal of R-S-12 (Suburban) to R-1 (Low Density
Residential).
Safety: The cars come over the overpass at a high rate of speed. Someone was already hit
there on Sylvester. There is no traffic light on the corner of 34 and Sylvester. With an
increase in population density increases the occurrence of more accidents.
Emergency Vehicle access time will be reduced due to the increase of population density.
This will be an everyday occurrence. When the Blue Bridge was being repainted numerous
cars, trucks and tractor trailers used Road 34 as an alternative route.
A fire hydrant exists at the corner of the Sylvester parcel 119471047. The fire hydrant was
used to put out a fire at our property by the fire men.
. The fire men said that the relocation of the fire house and their speedy response was the
only reason the duplex and other buildings were saved. This was because of accessibility
and access to the fire on the property.
We the taxpayers who paid for the representative government along with the new side do
not want to any area rezoned and remain as what we paid for R-S-12 (Suburban). Rezoning
will only increase the traffic on an already bad corner.
Sincerely,
Kenneth M. Zimmerman
Page 297 of 364
Z2025-003: Stutesman, R-S-12 to R-1
Public Hearing & Hearing Examiner Determination:
◦ April 09, 2025
◦Recommendation of Approval
Site Information:
◦Parcels: 119421047, 119421048
◦ Size: .80 Acres
◦Land Use: Low-Density Residential
◦Current Zoning District:
R-S-12, Suburban
◦Proposed Zoning District:
R-1, Low-Density Residential
Rezone Criteria: PMC 25.210.030
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Z2025-003: Stutesman, R-S-12 to R-1
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Z2025-003: Stutesman, R-S-12 to R-1
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Requirements for Zoning Petition (PMC 25.210.030)
•The date the existing zone became effective;
•The changed conditions which are alleged to warrant other or additional zoning;
•Facts to justify the change on the basis of advancing the public health, safety and
general welfare;
•The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan;
•The effect on the property owner or owners if the request is not granted;
•The Comprehensive Plan land use designation for the property; and
•Such other information as the Hearing Examiner requires.
Z2025-003: Stutesman, R-S-12 to R-1
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Process (Chapter 25.210 PMC)
Rezone
Petition and
Application
PMC
25.210.020(1)
Public
Notice
PMC
25.210.04
0
Public
Hearing
w/Hearing
Examiner
PMC
25.210.020(1)(
c)
Hearing
Examiner
Findings +
Recommendatio
n
PMC 25.210.060
City
Council
Regular
Business
Meeting
PMC
25.210.080
Z2025-003: Stutesman, R-S-12 to R-1
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AGENDA REPORT
FOR: City Council May 28, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 6/2/25
FROM: Haylie Miller, Director
Community & Economic Development
SUBJECT: Ordinance No. 4770, Amending Sections of the Pasco Municipal Code
Regarding Work Exempt from Permit (5 minutes staff presentation)
I. ATTACHMENT(S):
Ordinance
Presentation
Educational Flyers
2021 International Building Code - 105.2 Work exempt from permit
2021 International Residential Building Code - 105.2 Work exempt from permit
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4770, amending Pasco Municipal
Code sections 16.05.050, 12.040.100, 12.04.120, 19.10.070 AND 25.180.050
regarding work exempt from permit and, further, authorize publication by
summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
State Washington in jurisdictions all The Pasco, of City and like most
jurisdictions in the United States has adopted and regulates building activities
through the International Building Code (IBC). While a regulatory agency may
not lessen the standards of the IBC, a regulatory agency may increase such
standards. The City, dating back to the 1980's, has updated Pasco Municipal
Code 16.05.050 multiple times through Ordinances Nos. 2153, 2881, 3133,
3149, 3670, 4108, & 4515, which effectively supplement the IBC and its
predecessor code the Uniform Building Code (UBC). These updates revised
certain administrative provisions in Chapter 1 of the International Building Code
(IBC) and/or the International Residential Code (IRC) that exempt certain types
Page 303 of 364
of work from requiring permits. As a result, the City has required permits and
inspections for work that would typically be exempt under the IBC.
At the January 13, 2025, Council Workshop, City staff presented a list of permit
and inspection requirements that could potentially be eliminated. This review
was conducted as part of an effort to enhance efficiency and streamline the
permitting process and ease the burden of regulations on the public. The
discussion was brought forward in conjunction with a request to approve a
professional services agreement with Northwest Code Professionals.
At the March 3, 2025, Council Workshop, Council expressed the desire to
amend portions of permit and inspection requirements provided for under the
PMC for certain types of work of which are typically exempted under the
adopted also Council others. IRC and the including Codes State IBC,
supported staff recommendations that residential re-roofing and siding
permit even exemption, for as potential projects replacement candidates
though these are not included in the IBC’s or IRC's list of exempted work.
Council directed staff to evaluate an option to provide a voluntary site review
and permit to assist residents on their projects and to help prevent errors due
to constructing or installing structures like sheds or fences over easements,
utility lines, within setbacks, critical areas, or in nonconformance with other
Pasco Municipal Codes (PMC).
Council has shown strong interest in this topic, recognizing its potential to
reduce regulatory requirements on residents and businesses while maintaining
essential safety and quality standards.
V. DISCUSSION:
provide permit; site optional an to opportunity the explore did staff City
however, it is recommended that City Staff focus instead focus its efforts on
educating and informing residents. Education materials are attached as Exhibit
B, easy posts, media social periodic and is staff addition in proposing
accessibility of information on the City's website to reach residents. It is felt that
this approach will be more effective and of greater value to the public than a
voluntary review and site/plan permit. In addition to the educational materials,
City staff will assist residents in understanding the City requirements for
construction of these structures and make them make them aware of other
areas to consider such as local utility easements.
Listed below are the items to be revised:
1. One-story detached accessory structures (e.g., sheds, playhouses) up
to 200 s.f. residential, 120 s.f. for commercial & industrial
2. Private and sidewalks driveways ≤30 grade, above in. not over
basements, not part of an accessible route and not within the public
Page 304 of 364
rights of way
3. Retaining Walls less than 4 feet in height
4. Fencing less than 7 feet in height.
5. Water tanks less than 5,000 gallons
6. Window Awnings projecting less than 54"
7. Decks less than 200 s.f. & less than 30" above grade
8. Prefabricated swimming pools less than 24" deep
9. Residential roofing and underlayment replacement (roofing,
underlayment, flashing only)
10. Residential replacement (siding, veneer, barrier, barrier siding and
flashing only)
At the May 27, 2025, Council Workshop, staff sought Council’s direction as to
the removal of permit and inspection requirements provided for under the PMC
for certain types of work of which are typically exempted under Section 105.2
of the IBC, as well as, residential re-roofing and siding replacement even
though these are not included in the IBC’s or IRC's list of exempted work and
for staff to provide more robust and up to date information to ensure residents
have appropriate level of knowledge and understanding before embarking
upon such improvements.
the amending Ordinance attached of is Council's seeking Staff approval
several sections of the PMC to align with the IBC's exempted work, as well as
exempting siding permits for specific types of residential re-roofing and
replacement.
Page 305 of 364
Ordinance – Amending PMC Related to Work Exempt from Permits - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE SECTIONS 16.05.050, 12.04.100,
12.04.120, 19.10.070 AND 25.180.050 REGARDING WORK EXEMPT FROM
PERMIT.
WHEREAS, the City of Pasco is committed to promoting a high quality of life by ensuring
that its permitting requirements are clear, efficient, and appropriately balanced to support both
public safety and private investment; and
WHEREAS, the City Council finds that updating Pasco Municipal Code will streamline
regulatory processes, reduce administrative burdens, and improve service delivery for residents
and businesses; and
WHEREAS, refining permitting requirements allows City resources to be directed toward
more complex projects that require oversight, improving overall effectiveness and service to the
community; and
WHEREAS, a well-structured permitting process enhances confidence in City regulations
by promoting transparency, efficiency, and ease of compliance for residents and businesses.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That Section 16.05.050 of the Pasco Municipal Code entitled “Deletion of
IBC(s) subsections” is hereby amended and shall read as follows:
16.05.050 Deletion Amendment of IBC(s) subsections
(1) Subsection 105.2, “Work exempt from permit”, “Building”, item 6, shall be
amended to read as follows:
(a) Sidewalks and driveways not more than 30 inches (762 mm) above adjacent
grade, and not over any basement or story below and not a part of an accessible
route, except that in accordance with Section 12.04.040; before any person,
firm or corporation commences to improve or modify any public right-of-way
within the City by the construction of sidewalks, handicapped ramps,
crosswalks, curbs, or driveways, or to do any work in or upon the public right-
of-way whatsoever, the applicant must first obtain a right-of-way permit from
the City
Page 306 of 364
Ordinance – Amending PMC Related to Work Exempt from Permits - 2
(2) Subsection 105.2, “Work exempt from permit”, “Building”, is amended to
include the following:
(a) Residential roofing and underlayment replacement, limited to the
replacement of roofing, underlayment, and flashing only. A permit is required
for the repair or replacement of structural sheathing, structural framing, or any
fire-resistive assembly.
(b) Residential siding and water-resistive barrier replacement, limited to the
replacement of siding or exterior veneer, water-resistive barrier, and flashing
only. A permit is required for the repair or replacement of structural sheathing,
structural framing, or any fire-resistive assembly.
Subsections 105.2, “Building,” (1), (2), (3), (4), (5), (9) and (10) of the International
Building Code(s) shall be deleted. [Ord. 4515 § 2, 2021; Ord. 4108, 2013; Ord.
3670 § 2, 2004; Ord. 3149 § 2, 1996; Ord. 3133 § 4, 1996; Ord. 2881 § 3, 1992;
Ord. 2153 § 2, 1980; Code 1970 § 16.04.025.]
Section 2. That Section 12.04.100 of the Pasco Municipal Code entitled “Driveway
standards”, is hereby amended and shall read as follows
12.04.100 Driveway standards
All driveways shall comply with the respective standard engineering specifications
adopted by the Public Works Director and the following:
(1) Residential Driveways.
(a) Driveway widths shall be measured at the curb flow line exclusive of the
transitions. Where there is no curb line, the driveway width shall be measured
at the points where the extension of the two outer edges of the driveway
intersect the street right-of-way.
(b) Only one driveway shall be permitted for each lot unless otherwise
provided herein.
(c) No single driveway shall be wider than 34 feet or 50 percent of the lot
frontage, whichever is smaller.
(d) Circular driveways are only permitted on lots with 100 feet or more of
frontage on the street that carries the lot address.
(e) The combined widths of all driveways creating a circular driveway must
not exceed a total of 40 feet.
Page 307 of 364
Ordinance – Amending PMC Related to Work Exempt from Permits - 3
(f) Lots with double frontage may have a secondary driveway off the flanking
or side street, but no more than 22 feet in width.
(g) No driveway shall be located closer than 25 feet to an intersection of two
streets unless otherwise approved by the Public Works Director or designee.
(h) No driveway shall encase a water meter box or irrigation meter box.
(i) Driveways must conform to the provisions of PMC 25.165.100(1)(p).
(j) Driveways must be positioned to avoid interfering with fire hydrants, utility
boxes and equipment. The cost of relocating any utilities to accommodate a
driveway shall be borne by the permit holder or property owner.
(2) Commercial Driveways.
(a) Driveway widths shall be measured at the curb flow line, exclusive of the
transitions.
(b) No single driveway may exceed 35 feet unless the Public Works Director
or designee determines a greater width is necessary, based on one or more of
the following considerations:
(i) Street classification;
(ii) Street speed limit;
(iii) Traffic volume and turning movements;
(iv) Number of parking spaces within the parking lot served by the
driveway;
(v) Whether or not the proposed driveway will serve multiple businesses;
(vi) Safety of pedestrians and motorists;
(vii) Type of vehicles typically using the proposed driveway;
(viii) Shared driveway advantage.
(c) The location and number of driveways permitted to serve a commercial
property will be determined by the Public Works Director or designee. The
determination of the location and number of driveways shall be based upon the
review criteria of subsection (2)(b) of this section as deemed necessary to
promote safety to pedestrian users of the public ways, to preclude hazardous or
congestive traffic movements, to maintain desirable traffic flow along the
arterial corridors, or for any other reason related to public safety. The decision
of the Public Works Director is final unless appealed to the Hearing Examiner
in writing and stating the reasons therefor within 14 days of the Director’s
decision. [Ord. 3861, 2008; Ord. 2542 § 1, 1985; Code 1970 § 12.04.100.]
Section 3. That Section 19.10.070 of the Pasco Municipal Code entitled “Additions
and improvements”, is hereby amended and shall read as follows
Page 308 of 364
Ordinance – Amending PMC Related to Work Exempt from Permits - 4
19.10.070 Additions and improvements
Permits shall may be required to erect, construct, enlarge, alter or repair any
additions, carport, patio, utility shed, fence or site screen on a home site. All such
work shall be accomplished in accordance with the Pasco Building Code and/or the
Washington State Department of Labor and Industries. No portion of any structure
shall be permitted to encroach upon the required front, side or rear yards of any
home site. [Ord. 3731 § 28, 2005; Ord. 3300 § 3, 1998; Ord. 1843 § 3, 1977; Code
1970 § 19.08.080.
Section 4. That Section 25.180.050 of the Pasco Municipal Code entitled “Design
standards”, is hereby amended and shall read as follows
25.180.050 Design Standards
(1) Fences, Walls and Hedges.
(a) The height of fences, walls and hedges located between a structure and
street or alley shall be measured from the street curb or alley grade except in
those cases where topographical irregularities occur. The height of fences, walls
and hedges between a structure and a common lot line shall be measured from
the grade along the common lot line or top of any structural retaining wall
occurring at the common lot line.
(b) Fences and walls in commercial districts shall complement the materials
used in any principal on-site structures.
(c) The height of fences, walls and hedges shall be limited to three and one-
half feet. An additional one and one-half feet comprised of 85 percent
transparent material is permitted for a maximum of five feet within the front
yard area of residentially zoned lots, retail business and office zoned lots.
(i) Fences greater than three and one-half feet in front yards must provide
address numbers to the fence in conformance with the International
Building Code.
(ii) Fences greater than three and one-half feet in front yards must be
equipped with Knox boxes if gates are locked.
(d) The height of fences, walls and hedges within the side, rear, and secondary
front yards of residentially zoned lots, retail business and office zoned lots shall
be limited to six feet. A gate or opening with a minimum three-foot width
leading into at least one side yard shall be provided.
(e) All fences shall be constructed to conform to the most recent version of the
Pasco Design and Construction Standards related to sight distance triangles.
Page 309 of 364
Ordinance – Amending PMC Related to Work Exempt from Permits - 5
(f) Fences shall not be constructed out of tires, pallets, bed springs, multi-
colored materials, tarps, plastic sheets, corrugated sheet metal, except in
industrial districts, wheel rims and similar or like materials not traditionally
manufactured or used for fencing purposes. Hog wire, chicken wire, horseman
wire mesh, v-mesh, field fence, woven field fence, welded utility fence, or any
similar or like wire fencing material is not permitted in residential or
commercial zones. Horseman wire mesh and the other wire fencing listed above
may be permitted in suburban residential districts on tracts larger than one acre
that are used for animal husbandry. Fences built with valid permits prior to the
effective date of this chapter or fences on properties annexed to the City after
the effective date of this chapter are exempt from this subsection.
(g) Barbed and razor wire fencing is prohibited in all residential districts, in
the office district and the central business district. Barbed wire may be
permitted in suburban residential districts on tracts larger than one acre that are
used for animal husbandry. In the C-1 retail business district only one strand of
barbed wire is permitted along the top rail or within two inches of the top rail.
(h) Electrified fences are not permitted in residential districts except as a
secondary means of securing property where the electrified fence is located
behind an existing fence or in suburban districts to contain permitted farm
animals.
(i) In all front yards, whether on properties with single, double, or triple
frontage, rails, posts and other structural fence supports shall not be visible from
a public street; except that posts and rails that are an integral part of the fence
design and aesthetics and not used solely for structural support may be visible
from a public street.
(j) All fencing in commercial and industrial districts shall be placed on the
inward side of any required perimeter landscaping, with landscape treatments
occurring along the street frontage.
(k) No fence, wall or hedge, landscape material or foliage higher than three
feet above curb grade shall be located or planted within an area 20 feet along
the property lines from the intersection of two streets, including the area
between such points, or 15 feet from the intersection of a street and an alley;
provided, however, that if an alternative fence material is used, such as
masonry, wrought iron, wood, or combination thereof, then the fence must be
75 percent transparent and may be a maximum six feet in height; or a smaller,
75 percent transparent fence set upon a maximum three-foot wall or other
structure not exceeding a combined height of six feet may be erected within
said area of intersection of street and alley, so long as the fence is at all times
unobstructed by foliage or other matter.
Page 310 of 364
Ordinance – Amending PMC Related to Work Exempt from Permits - 6
(l) Fences constructed in any zoning district may be permitted at the back of
sidewalks in public right-of-way upon approval of the City Engineer, except as
provided in subsection (1)(k) of this section.
(l)(m) All residential fencing within the I-182 overlay district, as defined by
PMC 25.130.020, adjacent to the I-182 right-of-way shall be constructed of
masonry block. Replacement of preexisting Surewood fences within the district
shall use masonry block or cedar material prescribed by the City as prestained,
knotless cedar 23/32-inch thick, five and one-half inches wide and six feet tall.
(n) No fence or wall shall be erected without first obtaining a building permit
from the Building Inspector.
(2) Clearance Distances. Where a fire hydrant is located within a landscape area it
shall be complemented by a minimum clearance radius of three feet; no tree, as
measured from its center, shall be located within 10 feet of a street light
standard, or within five feet of a driveway or a fire hydrant.
(3) Commercial and Industrial Districts.
(a) The first 10 feet of all commercial and industrial property abutting an
arterial street and the first five feet of all commercial and industrial property
abutting a local access street shall be treated with landscaping at the time the
property is developed. No less than 65 percent of the landscaped area must be
treated with live vegetation at the time of planting.
(b) In addition to the requirements contained in this chapter and unless
specified otherwise in Chapter 25.130 PMC, commercially and industrially
zoned properties adjacent to properties in less intense zoning districts shall have
a 10-foot landscape buffer on the side immediately adjacent to the less intense
zoning district. The landscaped buffer shall meet the following standards:
(i) Live vegetation within the landscape buffer shall be planted with a mix
of evergreen and deciduous trees and shrubs interspersed throughout the
landscape buffer.
(ii) The live vegetation shall consist of 40 percent evergreen trees.
(iii) Trees shall be provided at a minimum rate of one tree for every 20
linear feet of property line and spaced no more than 30 feet on center
spacing along each property line, unless planted in groupings of three trees,
with groupings spaced no more than 50 feet on center along each property
line.
(iv) Shrubs shall be provided at a minimum rate of one per eight linear
feet of property line and spaced no more than 16 feet apart on center.
(v) Parking lots located adjacent to properties in less intense zoning
districts require 100 percent of the landscape buffer to be planted with live
vegetation.
Page 311 of 364
Ordinance – Amending PMC Related to Work Exempt from Permits - 7
(c) The area between property lines and the back edge of street curbs, within
right-of-way and exclusive of sidewalks and driveways for ingress/egress, shall
be treated with landscape materials.
(4) Residential Districts. At least 50 percent of the required front yard area for all
residential property, including right-of-way but excluding driveways, shall be
treated with live vegetation. Planting strips shall be treated as per PMC
12.12.070; and
(5) All areas of a lot or parcel not landscaped or covered with improvements shall
be maintained in such a manner as to control erosion and dust. Gardens within
established landscapes are excluded from this provision in residential districts.
Front yard areas not covered by the required 50 percent live vegetation must be
covered by mulches or decorative rock. [Ord. 4734 § 2, 2024; Ord. 4680 § 1,
2023; Ord. 4157 § 1, 2014; Ord. 4110 § 28, 2013; Ord. 3763 §10, 2006; Code
1970 § 25.75.050.]
Section 5. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this
Ordinance.
Section 6. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 7. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
Page 312 of 364
Ordinance – Amending PMC Related to Work Exempt from Permits - 8
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 313 of 364
May 27th, 2025
Pasco City Council
Workshop
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Potential Changes to
Inspection Services
May 27th, 2025
Pasco City Council
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•One -story detached accessory
structures (e.g., sheds, playhouses) up to
200 s.f.residential, 120 s.f.for commercial
&industrial
•Sidewalks and driveways ≤30 in.
above grade, not over basements, not part
of an accessible route and not within the
public rights of way
•Retaining Walls less than 4 feet in height
•Water tanks less than 5,000 gallons
•Window Awnings projecting less than 54"
•Decks less than 200 s.f.& less
than 30"above grade
•Prefabricated swimming pools less than
24"deep
Permit Exemptions in the adopted IBC & IRC but deleted by the
City of Pasco
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•One -story detached accessory structures
(e.g., sheds, playhouses) up to 200 s.f.
residential, 120 s.f.for commercial &
industrial
•Sidewalks and driveways ≤30 in. above
grade, not over basements, not part of an
accessible route and not within the public
rights of way
•Retaining Walls less than 4 feet in height
•Water tanks less than 5,000 gallons
•Window Awnings projecting less than 54"
•Decks less than 200 s.f.& less than
30"above grade
•Prefabricated swimming pools less than 24"
deep
•Residential roofing and underlayment
replacement (roofing, underlayment,
flashing only)
•Residential siding and barrier replacement
(siding, veneer, barrier, flashing only)
Potential Permit & Inspection Eliminations
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Benefits
•Reduced
regulatory
burden and cost
for homeowners
•City resources
can be utilized
for high er
mission
Impacts
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Challenges
•Encroachment Issues
•Potential Safety Risks
•Reduced Code
Compliance/Increased
Code Enforcement
demand
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•Remove the requirements for
inspection as recommended
•Focus on information and
education
Staff Recommendation
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Inspection Types:
•Structural Inspections:
•Footing and Setbacks
•Stem Wall, Foundation, and Rebar
•Retaining Wall and CMU/Masonry
•Slab, Thickened Footing, Roof Sheathing
•Plumbing and Mechanical:
•Underground Plumbing, Water, Sewer
•Gas Piping, Rough Plumbing, Hydro
Flush/Pressure Test
•Mechanical and HVAC, Venting & Exhaust
Systems
•Framing and Interior
•Shear Framing, General Framing
•Insulation, sheetrock, ceiling Grid
•Fire and Safety
•Firewall/Occupancy Separation & Egress
Systems
•Fire Line,Fire Sprinkler Systems
•Fire & Smoke Detection & Alarm Systems
•Specialty Inspections
•Basement Weatherproofing
•Marriage Connections (FAS) and Tie-Downs
(FAS)
•Title Elimination (FAS)
•Final Inspections
•Residential and Commercial Final Inspections
•Final with Temporary Certificate of Occupancy
(TCO)
• Commercial Final Fire Inspection
Inspections
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16.05.050 Deletion of IBC(s) subsections.
Subsections 105.2, “Building,” (1), (2), (3), (4),
(5), (9) and (10) of the International Building
Code(s) shall be deleted. [Ord. 4515 §2, 2021;
Ord. 4108, 2013; Ord. 3670 §2, 2004; Ord.
3149 §2, 1996; Ord. 3133 §4, 1996; Ord.
2881 §3, 1992; Ord. 2153 §2, 1980; Code
1970 §16.04.025.]
Deletion of IBC(s) Subsections
9
What Does this mean?
•Section 105.2 of the International Building
Code (IBC) outlines types of work that are
exempt from permitting. However, since the
Pasco Municipal Code (PMC) specifically
deletes these exemptions, the City is
required to enforce permits and inspections
for these work types.
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SHED RULES
N O P E R M I T N E E D E D I F :
D O N ’T B U I L D O V E R E A S E M E N T S !S H E D S T Y L E R U L E S
Y O U D O N E E D A P E R M I T I F :
NEED HELP OR HAVE QUESTIONS?
You do NOT need a permit to build a
shed if:
It’s only one story
It’s detached (not attached to your
home)
It’s used for tools, storage, or play
It’s 120 square feet or smaller
(about a 10x12 shed)
Easements are parts of your property
that may be used for:
Utility access
Drainage
Maintenance by the city or utility
companies
You cannot build sheds, fences,
concrete pads/patios, or other
permanent structures over
easements.
How to find an easement on your lot:
Check your property survey or
plat map (usually given when you
bought the property) and contact
your utility companies.
Or contact Pasco’s Community
and Economic Development
Department for help
Building over an easement could
lead to fines or removal of your
structure if access is needed.
Check with the City of Pasco before you start
building to make sure your project meets all rules.
We’re here to help!
To keep neighborhoods looking good,
your shed must:
Use roofing and siding that
matches or complements your
house
Be smaller and shorter than your
house if it’s a detached garage
Be built away from other structures
and property lines to meet required
Fire Separation
No minimum shed size — smaller
sheds are allowed!
You DO Need a Permit If...
The shed is larger than 120 sq. ft.
You’re building a garage or
workshop
The shed is placed before a home
exists on the lot
Your detached accessory
structure is greater than one story
EMAIL@pasco-wa.gov www.pasco-wa.gov
WHAT YOU NEED TO KNOW BEFORE YOU BUILD
Page 323 of 364
FENCE, WALL & HEDGE GUIDELINES
G E N E R A L R U L E S
S I D E , R E A R & C O R N E R Y A R D S
P R O H I B I T E D F E N C E M A T E R I A L S
R E S I D E N T I A L F R O N T Y A R D S
NEED HELP OR HAVE QUESTIONS?
Fence and wall heights are measured
from the ground or curb, depending on
location.
Materials must complement any
buildings on the property (especially in
commercial areas).
Fences must meet city safety and
visibility standards.
Max height: 6 feet
Must include at least one 3-foot-wide
gate to access the side yard.
Check with the City of Pasco before you start
building to make sure your project meets all rules.
We’re here to help!
Not allowed: tires, pallets, tarps,
plastic sheets, bed springs, and wire
fencing (like chicken wire) in
residential and commercial zones.
Only use approved construction
materials.
Some wire fencing is allowed in rural
areas over 1 acre with farm animals.
Max height: 3.5 feet
You may add up to 1.5 feet of see-
through material (like lattice or metal
mesh) for a total of 5 feet.
If over 3.5 feet tall:
Must display your address number
on the fence.
Locked gates must have a Knox
Box for emergency access.
Information, location and locking of
residential Knox Boxes can be
obtained by contacting the Building
Division.
EMAIL@pasco-wa.gov
www.pasco-wa.gov
CITY OF PASCO- DESIGN STANDARDS
B A R B E D & E L E C T R I C F E N C I N G
Barbed and razor wire: Not allowed
in most areas; some exceptions in
rural or business zones.
Electric fences: Only allowed in rural
zones or behind another fence.
V I S I B I L T Y A T C O R N E R S
In street corners or near alleys,
fences and plants must be:
Under 3 feet tall, OR
See-through (75% transparent)
and no more than 6 feet tall if
designed properly.
S P E C I A L D I S T R I C T S (I -1 8 2 O V E R L A Y )
Fences along I-182 must be masonry
block.
Existing Surewood fences must be
replaced with masonry or pre-
approved cedar materials.
L A N D S A P I N G R U L E S
(C O M M E R C I A L /I N D U S T R I A L )
Fences must go behind landscaping
along the street.
Page 324 of 364
Page 325 of 364
Page 326 of 364
International Residential Code
R105.2 Work exempt from permit.
Exemption from permit requirements of this code shall not be deemed to grant authorization for
any work to be done in any manner in violation of the provisions of this code or any other laws or
ordinances of this jurisdiction. Permits shall not be required for the following:
• Building:
1. 1.Other than storm shelters, one-story detached accessory structures, provided
that the floor area does not exceed 200 square feet (18.58 m2).
2. 2.Fences not over 7 feet (2134 mm) high.
3. 3.Retaining walls that are not over 4 feet (1219 mm) in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge.
4. 4.Water tanks supported directly upon grade if the capacity does not exceed 5,000
gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to
1.
5. 5.Sidewalks and driveways.
6. 6.Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
7. 7.Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. 8.Swings and other playground equipment.
9. 9.Window awnings supported by an exterior wall that do not project more than 54
inches (1372 mm) from the exterior wall and do not require additional support.
10. 10.Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than
30 inches (762 mm) above grade at any point, are not attached to a dwelling and do
not serve the exit door required by Section R311.4.
• Electrical:
1. 1.Listed cord-and-plug connected temporary decorative lighting.
2. 2.Reinstallation of attachment plug receptacles but not the outlets therefor.
3. 3.Replacement of branch circuit overcurrent devices of the required capacity in the
same location.
4. 4.Electrical wiring, devices, appliances, apparatus or equipment operating at less
than 25 volts and not capable of supplying more than 50 watts of energy.
5. 5.Minor repair work, including the replacement of lamps or the connection
of approved portable electrical equipment to approved permanently installed
receptacles.
Page 327 of 364
• Gas:
1. 1.Portable heating, cooking or clothes drying appliances.
2. 2.Replacement of any minor part that does not alter approval of equipment or make
such equipment unsafe.
3. 3.Portable-fuel-cell appliances that are not connected to a fixed piping system and
are not interconnected to a power grid.
• Mechanical:
1. 1.Portable heating appliances.
2. 2.Portable ventilation appliances.
3. 3.Portable cooling units.
4. 4.Steam, hot- or chilled-water piping within any heating or
cooling equipment regulated by this code.
5. 5.Replacement of any minor part that does not alter approval of equipment or make
such equipment unsafe.
6. 6.Portable evaporative coolers.
7. 7.Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of
refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.
8. 8.Portable-fuel-cell appliances that are not connected to a fixed piping system and
are not interconnected to a power grid.
• Plumbing:
1. 1.The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however,
that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes
defective and it becomes necessary to remove and replace the same with new
material, such work shall be considered as new work and a permit shall be obtained
and inspection made as provided in this code.
2. 2.The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and
the removal and reinstallation of water closets, provided such repairs do not involve
or require the replacement or rearrangement of valves, pipes or fixtures.
R105.2.1 Emergency repairs.
Where equipment replacements and repairs must be performed in an emergency situation,
the permit application shall be submitted within the next working business day to the building
official.
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AGENDA REPORT
FOR: City Council May 27, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 6/2/25
FROM: Ken Roske, Police Chief
Police Department
SUBJECT: Resolution No. 4607 - Interagency Agreement with Washington Traffic
Safety Commission to Conduct Dedicated DUI Enforcement Patrols and
Ordinance No. 4771 - Amending the 2025-2026 Operating Budget
Allocating Funding for Increased Overtime to Conduct Dedicated DUI
Enforcement Patrols
I. ATTACHMENT(S):
Proposed Resolution
Interagency Agreement with Washington Traffic Safety Commission to Conduct
Dedicated DUI Enforcement Patrols
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4607, authorizing the Interim City
Manager to execute the Interagency Agreement with the Washington Traffic
Safety Commission and the Pasco Police Department for grant funding to
support DUI overtime.
If the Resolution is approved, then:
MOTION: I move to adopt Ordinance No. 4771, amending the 2025-2026
Biennial Operating Budget (Ordinance No. 4749) by providing supplement
thereto; Fund, General City's in the additional provide to appropriation
allocating funding for increased overtime for the Police Department to conduct
dedicated DUI enforcement patrols and, further, authorize publication by
summary only.
III. FISCAL IMPACT:
The Interagency Agreement provides up to $43,500 in reimbursement for
overtime costs and goods related to DUI enforcement, officer development,
and educational outreach with no required match amount.
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IV. HISTORY AND FACTS BRIEF:
The Washington Traffic Safety Commission (WTSC) has awarded the Pasco
Police conduct to 5618 Sub-grant No. funding grant Department under
enhanced DUI enforcement through overtime patrols, community outreach, and
officer mentorship from June 1, 2025, to September 30, 2025.
Between 2019 and 2023, impaired driving contributed to half of all traffic
fatalities in Pasco. In 2024, DUI arrests increased by 9.4%, and DUI-related
collisions by Department’s the part supported 12.9%, by decreased in
participation in Target Zero High Visibility Enforcement campaigns.
The grant will fund 8 four-hour DUI patrol shifts per month, community outreach
events, social media messaging, officer mentoring shifts, and related supplies.
These activities aim to reduce impaired driving, support officer training, and
improve public trust and awareness around DUI enforcement.
V. DISCUSSION:
This agreement supports the City’s ongoing efforts to reduce impaired driving
and improve roadway safety through a combination of targeted enforcement
and education. public The inclusion of officer mentorship strengthens
investigative consistency and professional development within the department,
while outreach efforts help build stronger connections with the community—
particularly among bilingual and culturally diverse populations.
This initiative also aligns with the statewide Target Zero strategy and allows
Pasco to play a proactive role in addressing a critical public safety concern
while leveraging external funding with no local match requirement. Approval of
this agreement ensures continued collaboration with WTSC and supports data-
driven deployment of resources at high-collision intersections and known DUI
risk periods.
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Resolution – ILA – for DUI OT Patrol Grant - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN
INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON TRAFFIC
SAFETY COMMISSION AND THE PASCO POLICE DEPARTMENT FOR
GRANT FUNDING TO SUPPORT DUI OVERTIME.
WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political
subdivisions to jointly exercise their powers, privileges, or authorities with other political
subdivisions of this State through the execution of an interlocal cooperative or interagency
agreement; and
WHEREAS, the Washington Traffic Safety Commission (WTSC) has offered grant
funding under Assistance Listing #20.608 to support high visibility DUI enforcement, officer
development, and community outreach efforts by the Pasco Police Department; and
WHEREAS, the Pasco Police Department has been awarded funding in the amount of
$43,500.00 under Interagency Agreement 2025-Sub-grants-5618 to carry out dedicated DUI
patrols and impaired driving prevention efforts between June 1, 2025, and September 30, 2025;
and
WHEREAS, the Pasco Police Department has applied for and been awarded a WTSC
grant in the amount of $43,500.00 to support enhanced DUI enforcement through dedicated
overtime patrols, officer mentorship, and community education efforts; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the
interagency agreement to Enhance public safety and reduce impaired driving through targeted
enforcement and education in collaboration with the Washington Traffic Safety Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the
Interagency Agreement between The Washington Traffic Safety Commission and the Pasco Police
Department; a copy of which is attached hereto and incorporated herein by reference as Exhibit
A; and
Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of
the City of Pasco; and to make minor substantive changes as necessary to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect immediately.
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Resolution – ILA – for DUI OT Patrol Grant - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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Interagency Agreement-2025-Sub-grants-5618-Pasco Police Department DUI OT Patrols
INTERAGENCY AGREEMENT
BETWEEN THE
Washington Traffic Safety Commission
AND
Pasco Police Department
2025-Sub-grants-5618-Pasco Police Department DUI OT Patrols
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety
Commission, hereinafter referred to as “WTSC,” and Pasco Police Department, hereinafter referred to as
“SUB-RECIPIENT.”
NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34,
terms, conditions, covenants, and performance contained herein, or attached and incorporated and made
a part hereof, the parties mutually agree as follows:
1. PURPOSE OF THE AGREEMENT:
The purpose of this Agreement is to provide funding, provided by the United States Department of
Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the
Assistance Listing #20.608, for traffic safety grant project 2025-Sub-grants-5618-Pasco Police
Department DUI OT Patrols.
2. PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence upon the date of execution by both parties
or June 01, 2025, whichever is later, and remain in effect until September 30, 2025, unless terminated
sooner, as provided herein.
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3. STATEMENT OF WORK
The SUB-RECIPIENT shall carry out the provisions of the traffic safety project described here as the
Statement of Work (SOW). If the SUB-RECIPIENT is unable to fulfill the SOW in any manner on this
project, the SUB-RECIPIENT must contact the WTSC program manager immediately and discuss a
potential amendment. All Federal and State regulations will apply.
3.1 SCOPE OF WORK
3.1.1 Problem ID and/or Opportunity
Washington State is grappling with a severe impaired driving crisis. In 2023, traffic fatalities surged to 810
deaths, the highest number since 1990. Impairment remains a leading factor in these tragedies,
contributing to 50% of all roadway fatalities. The rise of poly-drug impairment is especially concerning,
with 172 fatal crashes involving drivers under the influence of multiple substances—accounting for 44%
of all impaired driving deaths.
Cannabis use remains a significant factor in impaired driving, with delta-9 THC-positive drivers
consistently accounting for about 10% of all fatal crashes since 2018. In 2020, the number of THC-
positive drivers increased by 22%, and this trend persisted through 2023.
Motorcyclists are disproportionately involved in fatal crashes where alcohol impairment is a factor, even
when BAC levels are below 0. 08. Despite making up just 3% of registered vehicles, they accounted for
20% of impairment-related fatalities. Overall, the state has experienced a staggering 20.2% increase in
traffic fatalities from 2021 to 2023, marking the fastest five-year rise in recorded history since 2019.
Despite this growing crisis, DUI arrests in Washington state declined by 19% from 2019 to 2023,
exposing a widening gap between enforcement and the increasing threat of impaired drivers on
Washington’s roads.
Washington State has the lowest officer-per-capita rate in the nation, with just 1.12 officers per 1,000
residents, making proactive DUI enforcement increasingly difficult. The data highlights key risk factors:
• Drivers aged 21-40 account for more than half of all impaired driving fatalities.
• Male drivers make up 80% of impaired fatalities.
• Speeding is a major contributor—42% of impaired fatal crashes involve excessive speed, compared to
23% of non-impaired fatal crashes.
• 80% of unrestrained fatally injured drivers were impaired, underscoring the deadly combination of high-
risk behaviors.
• 61% of alcohol-impaired drivers in fatal crashes had a BAC of 0.12 or greater.
• Nearly 80% of THC-positive drivers also tested positive for alcohol or other drugs.
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Public concern about impaired driving is increasing, yet confidence in enforcement and accountability
remains low. The Washington Statewide Survey on Traffic Safety Beliefs and Behaviors conducted in
2023 and 2024 revealed troubling perceptions:
Likelihood of apprehension:
• Only 51% of respondents believe an alcohol-impaired driver is at least moderately likely to be caught.
• Only 38% believe the same for cannabis-impaired drivers.
Likelihood of prosecution:
• Only 32% believe an impaired driver arrested by law enforcement is at least moderately likely to be
prosecuted—a significant drop from 44% the previous year.
These findings highlight a growing gap between public concern and trust in the effectiveness of impaired
driving enforcement and accountability.
Pasco, Washington: A Regional Perspective
Pasco, Washington, one of the fastest-growing cities in the Tri-Cities region, continues to grapple with
serious traffic safety challenges—chief among them, impaired driving. Between 2019 and 2023, the city
saw between 5 and 11 drivers involved in fatal crashes each year, with impaired driving contributing to
half of all traffic deaths during that time.
A deeper analysis shows that 78% of those fatalities involved the impaired driver, while 22% were
passengers in their vehicle. Even more concerning, 67% of the individuals killed in impaired driving
crashes were not wearing seat belts—highlighting the deadly combination of substance impairment and
seat belt non-use.
With Pasco’s population on the rise and its growing role as a regional transportation hub, the need to
strengthen impaired driving prevention is urgent. A comprehensive strategy that blends targeted
enforcement with robust public education and community engagement will be essential to reducing
impaired driving and improving safety across the city.
Local Enforcement and Impairment Trends – 2024 Update
In 2024, the Pasco Police Department saw major increases in traffic enforcement activity, with 7,091
traffic stops—an 89% increase over the previous year—and 3,988 citations issued, up 56% from 2023.
Officers responded to 2,661 collisions, marking a 27% increase, and issued 972 warnings to encourage
voluntary compliance. DUI arrests rose to 152 in 2024, up from 139 in 2023, reflecting a 9.4% increase.
While DUI-related collisions decreased by 12.9%, impaired driving remains a consistent threat to
community safety. Participation in Target Zero High Visibility Enforcement (HVE) campaigns contributed
meaningfully to DUI suppression efforts, with Pasco PD dedicating 213.5 hours to traffic emphasis
patrols, resulting in 293 infractions, 158 warnings, and 4 DUI arrests during those deployments.
Strategic Enforcement Impact and Ongoing Needs
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To further address seasonal traffic risks, Pasco PD launched a temporary summer traffic unit utilizing
School Resource Officers. This short-term team contributed to a 12% decrease in collisions and
complaints, alongside a 67% increase in traffic contacts during the summer months. However, overall
collisions continue to trend upward, reinforcing the need for sustained, full-time enforcement resources.
While the State of Washington is trending downward in DUI incidents, Pasco and the surrounding region
are experiencing an increase, underscoring the need for regionally focused High Visibility Enforcement
strategies. High-collision intersections—such as Road 68/Burden Boulevard and 20th Avenue/Court
Street—further emphasize the importance of sustained DUI patrols, speed enforcement, and data-driven
deployment of traffic safety resources.
Officer Development and Community Engagement
An additional benefit of this program is the opportunity it creates for officer mentorship and professional
development within the Pasco Police Department. Less experienced officers are paired with proactive,
veteran DUI enforcement officers who provide hands-on guidance in the proper investigation,
documentation, and processing of impaired driving cases. This mentorship model strengthens
investigative consistency across the department and supports a culture of high accountability and
continual improvement. In parallel, the program allows Pasco PD to dedicate more time and focus to
community engagement, using its large and active social media platforms to share traffic safety
education, campaign messaging, and enforcement updates. These efforts are designed to reach a broad
audience, with specific attention to bridging cultural and language gaps to ensure traffic safety messaging
resonates across the diverse populations Pasco serves.
3.1.2 Project Purpose and Strategies
The purpose of this project is to address an increase in serious injury and fatal collisions related to
alcohol and drug impairment in the City of Pasco. This project will accomplish this by providing funding to
the Pasco Police Department to support overtime pay for DUI enforcement patrols, officer mentorship
program and impaired driving education and outreach to the community.
3.2 PROJECT GOALS
1) Conduct dedicated DUI patrols specifically targeting impaired driving by completing a minimum of eight
4-hour shifts each month by September 30, 2025.
2) Conduct at least 4 community education and outreach activity each month, including the use of social
media, by September 30, 2025.
3.2.1 The objectives, measures and timelines listed in Appendix A will be reviewed at least annually by
the designated contacts of the SUB-RECIPIENT and WTSC, and may be updated pursuant to clause 6 of
this AGREEMENT. For the purposes of this section only, the parties’ DESIGNATED CONTACTS, as
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listed in clause 42, are authorized to execute these amendments to Appendix A.
3.3. COMPENSATION
3.3.1 The cost of accomplishing the work described in the SOW will not exceed $43,500.00, for the entire
period of performance, as allocated to each year of this agreement in Section 3.4 PROJECT COSTS.
Unspent contract funds from each year do NOT carry over into subsequent years and each year’s budget
is independent of the others.
3.3.2 Payment for satisfactory performance of the work shall not exceed this amount unless the parties
mutually agree to a higher amount in a written Amendment to this Agreement executed by both parties.
3.3.3 After the first year, continuation is subject to funding availability, agreement on future objectives and
measures, and satisfactory progress toward completion of agreed upon goals (as determined by WTSC),
as set forth in the SOW.
3.3.4 If the SUB-RECIPIENT intends to charge indirect costs, an Indirect Cost Rate must be established
in accordance with WTSC policies, and an approved cost allocation plan may be required to be submitted
to the WTSC before any performance is conducted under this Agreement. Indirect cost rates are subject
to change based on updated Indirect Rate Letters from a cognizant federal agency or approved cost
allocation plans. If the indirect rate increases, the budget will be modified by deducting the amount of the
indirect rate increase from other budget categories so that the total budget does not increase. The total
budget may not increase without an amendment to this agreement executed by both parties.
3.3.5 WTSC will only reimburse the SUB-RECIPIENT for travel related expenses for travel defined in the
scope of work and budget or for which approval was expressly granted. The SUB-RECIPIENT must
submit a travel authorization form (A-40) to request approval for any travel not defined in the SOW and
for all travel outside of the continental United States.
3.3.6 WTSC will reimburse travel related expenses consistent with the written travel policies of the SUB-
RECIPIENT. If no written policy exists, state travel rates and policies (SAAM Chapter 10) apply. If WTSC
makes travel arrangements on behalf of the SUB-RECIPIENT, state travel policies must also be followed.
Washington State Administrative & Accounting Manual (SAAM) Chapter 10 can be obtained at this
website: https://www.ofm.wa.gov/sites/default/files/public/legacy/policy/10.htm. If for any reason, this
information is not available at this website, contact the WTSC office at 360-725-9860 to obtain a copy. If
following state travel policies, the SUB-RECIPIENT must provide appropriate documentation (receipts) to
support reimbursement requests, including the A-40 Travel Authorization form if required.
3.3.7. Any equipment that will be purchased under this agreement with a purchase price over $10,000
must be pre-approved by NHTSA prior to purchase. Pre-approval must also be gained if funding from this
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agreement is used to purchase a portion of an item with a purchase price of $10,000 or higher. Approval
for these purchases will be facilitated by WTSC. WTSC will notify the SUB-RECIPIENT when approval
has been gained or denied. Failure to receive pre-approval will preclude reimbursement. Any equipment
purchased with NHTSA funds must be used exclusively for traffic safety purposes or the cost must be
pro-rated. If required under the Buy America Act, SUB-RECIPIENT will provide WTSC with purchase
price, quote, manufacturer, description of its use in the project, and documentation showing that it is
made in America.
3.3.8. All equipment must be inventoried by the SUB-RECIPIENT. The SUB-RECIPIENT agrees to
maintain the equipment, continue to use it for project purposes, and report on its status to WTSC each
year when requested.
3.3.9. Equipment is defined as any asset with a useful life greater than one year AND a unit cost of
$10,000 or greater, and small and attractive assets. Small and attractive assets are the following if they a
unit cost of $300 or more:
Laptops and Notebook Computers
Tablets and Smart phones
Small and attractive assets also include the following if they have a unit cost of $1000 or more:
Optical Devices, Binoculars, Telescopes, Infrared Viewers, and Rangefinders
Cameras and Photographic Projection Equipment
Desktop Computers (PCs)
Television Sets, DVD Players, Blu-ray Players and Video Cameras (home type)
3.4 PROJECT COSTS
The costs for the work under the SOW to be provided by the SUB-RECIPIENT are as follows:
Year 1: $43,500.00
APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:
4. ACTIVITY REPORTS
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The SUB-RECIPIENT will submit progress reports on the activity of this project in the form provided by
the WTSC using the WTSC Enterprise Management System (WEMS) Progress Reporting process or
other alternate means pre-approved by WTSC. The SUB-RECIPIENT will include copies of publications,
training reports, advertising, social media posts, meeting agendas, and any statistical data generated in
project execution in the reports. The final report will be submitted to WTSC within 30 days of termination
of this Agreement. WTSC reserves the right to delay the processing of invoices until activity reports are
received and approved.
5. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Agreement
shall be made by the WTSC.
6. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties in the form of a written Amendment
to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel
authorized to bind each of the parties.
7. ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties hereto.
8. SUBCONTRACTING REQUIREMENTS
The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part,
without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld.
The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements entered
into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable
federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of
the funds provided under this Agreement include funds from NHTSA, such third-party contracts and
agreements must include the federal provisions set forth in this Agreement in sections 33 through 42.
9. ATTORNEYS’ FEES
In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to
bear its own attorney fees and costs.
10. BILLING PROCEDURE
The SUB-RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting
documentation as WTSC shall require. All invoices for reimbursement shall be submitted through the
WEMS invoicing process, or via alternate method if approved by WTSC. Payment to the SUB-
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RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC
within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of
the Agreement, any claim for payment not already made shall be submitted within 45 days after the
expiration date of this Agreement. All invoices for goods received or services performed on or prior to
June 30, must be received by WTSC no later than August 10 of the same calendar year. All invoices for
goods received or services performed between July 1 and September 30, must be received by WTSC no
later than November 15 of the same calendar year. WTSC reserves the right to delay the processing of
invoices until activity reports required by Section 4 of this agreement, are received and approved.
11. CONFIDENTIALITY / SAFEGUARDING OF INFORMATION
The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information
which may be classified as confidential, for any purpose not directly connected with the administration of
this Agreement, except with prior written consent of the WTSC, or as may be required by law.
12. COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E.
13. COVENANT AGAINST CONTINGENT FEES
The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission,
brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application
for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach
of this section by the SUB-RECIPIENT, to annul this Agreement without liability.
14. DISPUTES
14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the
parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final
and conclusive, unless within 10 days from the date of the SUB-RECIPIENT’s receipt of WTSC’s written
decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT’s
appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by
the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall
abide by the decision.
14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall
continue performance under this Agreement while matters in dispute are being resolved.
14.3 In the event that either Party deems it necessary to institute legal action or proceedings to enforce
any right or obligation under this Agreement, the Parties hereto agree that any such action or
proceedings shall be brought in the superior court situated in Thurston County, Washington.
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15. GOVERNANCE
15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state
of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to
conform to those laws.
15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order:
15.2.1. Applicable federal and state statutes and rules
15.2.2. Terms and Conditions of this Agreement
15.2.3. Any Amendment executed under this Agreement
15.2.4. Any SOW executed under this Agreement
15.2.5. Any other provisions of the Agreement, including materials incorporated by reference
16. INCOME
Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.g., sale of publications,
registration fees, or service charges) must be accounted for, reported to WTSC, and that income must be
applied to project purposes or used to reduce project costs.
17. INDEMNIFICATION
17.1. To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the
WTSC, its officers, employees, and agents, and process and defend at its own expense any and all
claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind
(“claims”) brought against WTSC arising out of or in connection with this Agreement and/or the SUB-
RECIPIENT’s performance or failure to perform any aspect of the Agreement. This indemnity provision
applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with,
or incident to the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors,
and subcontractors. Provided, however, that nothing herein shall require the SUB-RECIPIENT to
indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that
claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and
provided further that if such claims result from the concurrent negligence of (a) the SUB-RECIPIENT, its
officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or
agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein
shall be valid and enforceable only to the extent of the negligence of the SUB-RECIPIENT, its officers,
employees, agents, contractors, or subcontractors.
17.2. The SUB-RECIPIENT agrees that its obligations under this Section extend to any claim, demand
and/or cause of action brought by, or on behalf of, any of its employees or agents in the performance of
this agreement. For this purpose, the SUB-RECIPIENT, by mutual negotiation, hereby waives with
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respect to WTSC only, any immunity that would otherwise be available to it against such claims under the
Industrial Insurance provisions chapter 51.12 RCW.
17.3. The indemnification and hold harmless provision shall survive termination of this Agreement.
18. INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party.
19. INSURANCE COVERAGE
19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if
required by law.
19.2. If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior
to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC
with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or
commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB-
RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement.
20. LICENSING, ACCREDITATION, AND REGISTRATION
The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation,
and registration requirements and standards necessary for the performance of this Agreement. The SUB-
RECIPIENT shall complete registration with the Washington State Department of Revenue, if required,
and be responsible for payment of all taxes due on payments made under this Agreement.
21. RECORDS MAINTENANCE
21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain
books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect
costs expended in the performance of the services described herein. These records shall be subject to
inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and
federal officials so authorized by law. All books, records, documents, and other material relevant to this
Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors,
the WTSC, and any duly authorized representatives shall have full access and the right to examine any of
these materials during this period.
21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the
other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party
will not disclose or make available this material to any third parties without first giving notice to the
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furnishing party and giving them a reasonable opportunity to respond. Each party will utilize reasonable
security procedures and protections to assure that records and documents provided by the other party
are not erroneously disclosed to third parties.
22. RIGHT OF INSPECTION
The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance
under this Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to
comply with the right to access, amend, and receive an accounting of disclosures of their Personal
Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any
regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington
State law. The SUB-RECIPIENT shall upon request make available to the WTSC and the United States
Secretary of the Department of Health and Human Services all internal policies and procedures, books,
and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as
a result of this Agreement.
23. RIGHTS IN DATA
23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called “Work
Product”) pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright
Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is
not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies,
computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software,
and/or databases to the extent provided by law. Ownership includes the right to copyright, register the
copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to
otherwise use and transfer these rights.
23.2. If for any reason the Work Product would not be considered a work made for hire under applicable
law, the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all
rights in the Work Product and any registrations and copyright applications relating thereto and any
renewals and extensions thereof.
23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior
review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment
of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work
performed under this project shall be referred to the WTSC, who will determine through NHTSA whether
patent protections will be sought, how any rights will be administered, and other actions required to
protect the public interest.
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24. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the
WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without
the 30 day notice requirement. The Agreement is subject to renegotiation at the WTSC’s discretion under
any new funding limitations or conditions.
25. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given
effect without the invalid provision, if such remainder conforms to the requirements of applicable law and
the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared
to be severable.
26. SITE SECURITY
While on WTSC premises, or while interacting with WTSC’s personnel, the SUB-RECIPIENT, its agents,
employees, or sub-contractors shall conform in all respects with all WTSC physical, fire, or other security
policies and applicable regulations and not interfere with WTSC’s operations.
27. TAXES
All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such
expenses for the SUB-RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT.
28. TERMINATION FOR CAUSE
If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement
or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of
such failure or violation, and may terminate this Agreement immediately. At the WTSC’s discretion, the
SUB-RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB-
RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the
15-day period, this Agreement may be terminated at the end of that period by written notice of the WTSC.
29. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, either party may terminate this Agreement, without
cause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, the
WTSC shall be liable only for payment required under the terms of this Agreement for services rendered
or goods delivered prior to the effective date of termination.
30. TREATMENT OF ASSETS
30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property
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furnished by the SUB-RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed
as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such
property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB-
RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such
property in the performance of this Agreement, or (ii) commencement of use of such property in the
performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part,
whichever first occurs.
30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided
herein or approved by the WTSC, be used only for the performance of this Agreement.
30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which
results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the
SUB-RECIPIENT to maintain and administer that property in accordance with sound management
practices.
30.4. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify
the WTSC and shall take all reasonable steps to protect the property from further damage.
30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC prior to settlement,
upon completion, termination, or cancellation of this Agreement.
30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's
employees, agents, or sub-contractors.
31. STATE NONDISCRIMINATION
31.1 Nondiscrimination Requirement. During the term of this Agreement, SUB-RECIPIENT, including any
subcontractors, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, SUB-
RECIPIENT, including any subcontractors, shall give written notice of this nondiscrimination requirement
to any labor organizations with which SUB-RECIPIENT, or subcontractor, has a collective bargaining or
other agreement.
31.2 Obligation to Cooperate. SUB-RECIPIENT, including any subcontractors, shall cooperate and
comply with any Washington state agency investigation regarding any allegation that SUB-RECIPIENT,
including any subcontractor, has engaged in discrimination prohibited by this Agreement pursuant to
RCW 49.60.530(3).
31.3 Default. Notwithstanding any provision to the contrary, WTSC may suspend SUB-RECIPIENT,
including any subcontractors, upon notice of a failure to participate and cooperate with any state agency
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investigation into alleged discrimination prohibited by this Agreement, pursuant to RCW 49.60.530(3).
Any such suspension will remain in place until WTSC receives notification that SUB-RECIPIENT,
including any subcontractors, is cooperating with the investigating state agency. In the event SUB-
RECIPIENT, or subcontractor, is determined to have engaged in discrimination identified at RCW
49.60.530(3), WTSC may terminate this Agreement in whole or in part, and SUB-RECIPIENT,
subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. The SUB-
RECIPIENT, or subcontractor, may be given a reasonable time in which to cure this noncompliance,
including implementing conditions consistent with any court-ordered injunctive relief or settlement
agreement.
31.4 Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Agreement
termination or suspension for engaging in discrimination, SUB-RECIPIENT, subcontractor, or both, shall
be liable for contract damages as authorized by law including, but not limited to, any cost difference
between the original Agreement and the replacement or cover Agreement and all administrative costs
directly related to the replacement Agreement, which damages are distinct from any penalties imposed
under Chapter 49.60, RCW. WTSC shall have the right to deduct from any monies due to SUB-
RECIPIENT or subcontractors, or that thereafter become due, an amount for damages SUB-RECIPIENT
or subcontractor will owe WTSC for default under this provision.
32. WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR
PART 1300 APPENDIX A):
33. BUY AMERICA ACT
The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing
items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and
manufactured products produced in the United States, unless the Secretary of Transportation determines
that such domestically produced items would be inconsistent with the public interest, that such materials
are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will
increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to
purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate
basis and justification, and which is approved by the Secretary of Transportation.
34. DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
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34.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the “lower
tier participant”) is providing the certification set out below and agrees to comply with the requirements of
2 CFR part 180 and 23 CFR part 1200.
34.2. The certification in this section is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the federal government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
34.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower
tier participant learns that its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
34.4. The terms covered transaction, civil judgement, debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and
1200.
34.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by WTSC.
34.6. The lower tier participant further agrees by signing this Agreement that it will include the clause
titled “Instructions for Lower Tier Certification” including the “Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,” without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will
require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1200.
34.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant is responsible for ensuring that its principals are not
suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility
of its principals, as well as the eligibility of any prospective lower tier participants, each participant may,
but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
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34.8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
34.9. Except for transactions authorized under paragraph 34.5. of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed
for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded
from participation in this transaction, in addition to other remedies available to the Federal government,
the department or agency with which this transaction originated may pursue available remedies, including
suspension or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transactions
34.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
33.11. Where the lower tier participant is unable to certify to any of the statements in this certification,
such participant shall attach an explanation to this Agreement.
35. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
35.1. The SUB-RECIPIENT shall:
35.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the SUB-RECIPIENT'S workplace, and shall
specify the actions that will be taken against employees for violation of such prohibition.
35.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse
in the workplace; the SUB-RECIPIENT’s policy of maintaining a drug-free workplace; any available drug
counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed
upon employees for drug violations occurring in the workplace.
35.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a
copy of the statement required by paragraph 35.1.1. of this section.
35.1.4. Notify the employee in the statement required by paragraph 35.1.1. of this section that, as a
condition of employment under the grant, the employee will abide by the terms of the statement, notify the
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employer of any criminal drug statute conviction for a violation occurring in the workplace no later than
five days after such conviction, and notify the WTSC within 10 days after receiving notice from an
employee or otherwise receiving actual notice of such conviction.
35.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 35.1.4. of
this section, with respect to any employee who is so convicted: take appropriate personnel action against
such an employee, up to and including termination, and/or require such employee to participate
satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a
federal, state, or local health, law enforcement, or other appropriate agency.
35.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of
all of the paragraphs above.
36. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and total
compensation of the five most highly compensated officers of the entity, if the entity in the preceding
fiscal year received 80 percent or more of its annual gross revenues in federal awards, received
$25,000,000 or more in annual gross revenues from federal awards, and if the public does not have
access to information about the compensation of the senior executives of the entity through periodic
reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the
Internal Revenue Code of 1986.
37. FEDERAL LOBBYING
37.1. The undersigned certifies, to the best of his or her knowledge and belief, that:
37.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any federal contract, the making of any federal grant, the making of any federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
37.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
37.1.3. The undersigned shall require that the language of this certification be included in the award
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documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grant,
loans, and cooperative agreements), and that all sub-recipients shall certify and disclose accordingly.
37.2. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
38. FEDERAL NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.)
38.1. During the performance of this Agreement, the SUB-RECIPIENT agrees:
38.1.1. To comply with all federal statutes and implementing regulations relating to nondiscrimination
(“Federal Nondiscrimination Authorities”). These include but are not limited to:
38.1.1.1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252
38.1.1.2. 49 CFR part 21
38.1.1.3. 28 CFR section 50.3
38.1.1.4. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
38.1.1.5. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.)
38.1.1.6. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.)
38.1.1.7. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.)
38.1.1.8. The Civil Rights Restoration Act of 1987
38.1.1.9. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189)
38.1.1.10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations
38.1.1.11. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency
38.1.1.12. Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities
through the Federal Government
38.1.1.13. Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender
Identity or Sexual Orientation
38.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-
discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein.
38.1.3. To keep and permit access to its books, records, accounts, other sources of information, and its
facilities as required by the WTSC, USDOT, or NHTSA in a timely, complete, and accurate way.
Additionally, the SUB-RECIPIENT must comply with all other reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance.
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38.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination
provisions in this contract/funding Agreement, the WTSC will have the right to impose such
contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to
withholding payments to the contractor/funding recipient under the contract/agreement until the
contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding
agreement, in whole or in part.
38.1.5. In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy,
memoranda, and/or guidance, the SUB-RECIPIENT hereby gives assurance that it will promptly take any
measures necessary to ensure that: “No person in the United States shall, on the grounds of race, color,
or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected
to discrimination under any program or activity, for which the Recipient receives Federal financial
assistance from DOT, including NHTSA”.
38.1.6 To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in
every solicitation for a sub-contract or sub-agreement that receives federal funds under this program.
39. POLITICAL ACTIVITY (HATCH ACT)
The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
federal funds.
40. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage
or to create checkpoints that specifically target motorcyclists. This Agreement does not include any
aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement.
41. STATE LOBBYING
None of the funds under this Agreement will be used for any activity specifically designed to urge or
influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal
pending before any state or local legislative body. Such activities include both direct and indirect (e.g.,
“grassroots”) lobbying activities, with one exception. This does not preclude a state official whose salary
is supported with NHTSA funds from engaging in direct communications with state or local legislative
officials, in accordance with customary state practice, even if such communications urge legislative
officials to favor or oppose the adoption of a specific pending legislative proposal.
42. CERTIFICATION ON CONFLICT OF INTEREST
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General Requirements
42.1. No employee, officer or agent of the SUB-RECIPIENT who is authorized in an official capacity to
negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any
subaward, including contracts or subcontracts, in connection with this grant shall have, directly or
indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest
would arise when the employee, officer, or agent, any member of his or her immediate family, his or her
partner, or an organization which employs or is about to employ any of the parties indicated herein, has a
financial or personal interest in or a tangible personal benefit from an entity considered for a subaward.
42.2. Based on this policy:
42.2.1. The SUB-RECIPIENT shall maintain a written code or standards of conduct that provide for
disciplinary actions to be applied for violations of such standards by officers, employees, or agents. The
code or standards shall provide that the SUB-RECIPIENT’s officers, employees, or agents may neither
solicit nor accept gratuities, favors, or anything of monetary value from present or potential sub-
awardees, including contractors or parties to subcontracts and establish penalties, sanctions or other
disciplinary actions for violations, as permitted by State or local law or regulation.
42.2.2. The SUB-RECIPIENT shall maintain responsibility to enforce the requirements of the written code
or standards of conduct.
Disclosure Requirements
42.3. No SUB-RECIPIENT, including its officers, employees or agents, shall perform or continue to
perform under a grant or cooperative agreement, whose objectivity may be impaired because of any
related past, present, or currently planned interest, financial or otherwise, in organizations regulated by
NHTSA or in organizations whose interests may be substantially affected by NHTSA activities.
42.3.1. The SUB-RECIPIENT shall disclose any conflict of interest identified as soon as reasonably
possible, making an immediate and full disclosure in writing to WTSC. The disclosure shall include a
description of the action which the recipient has taken or proposes to take to avoid or mitigate such
conflict.
42.3.2. NHTSA will review the disclosure and may require additional relevant information from the
recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine
that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions
to mitigate or avoid such conflict.
43.3.3 Conflicts of interest that require disclosure include all past, present or currently planned
organizational, financial, contractual or other interest(s) with an organization regulated by NHTSA or with
an organization whose interests may be substantially affected by NHTSA activities, and which are related
to this award. The interest(s) that require disclosure include those of any SUB-RECIPIENT, affiliate,
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proposed consultant, proposed subcontractor and key personnel of any of the above. Past interest shall
be limited to within one year of the date of award. Key personnel shall include any person owning more
than a 20 percent interest in a SUB-RECIPIENT, and the officers, employees or agents of a recipient who
are responsible for making a decision or taking an action under an award where the decision or action
can have an economic or other impact on the interests of a regulated or affected organization.
43. DESIGNATED CONTACTS
The following named individuals will serve as designated contacts for each of the parties for all
communications, notices, and reimbursements regarding this Agreement:
The Contact for the SUB-RECIPIENT is:The Contact for WTSC is:
Matthew Decker
Deckerm@pasco-wa.gov
509-727-8538
Penny Rarick
prarick@wtsc.wa.gov
360-725-9868 ext.
44. AUTHORITY TO SIGN
The undersigned acknowledge that they are authorized to execute this Agreement and bind their
respective agencies or entities to the obligations set forth herein.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Pasco Police Department
_____________________________________
Signature
_____________________________________
Printed Name
_____________________________________
Title
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_____________________________________
Date
WASHINGTON TRAFFIC SAFETY COMMISSION
_____________________________________
Signature
_____________________________________
Printed Name
_____________________________________
Title
_____________________________________
Date
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APPENDIX A
Project Costs
Year 1
BUDGET
CATEGORY DESCRIPTION DIRECT
AMOUNT
Indirect
Cost Rate
Indirect
Amount
Total
Budget
Employee salaries
and benefits
OT DUI shifts, educational
outreach, social media work $38,500.00 0% $0.00 $38,500.00
Travel $0.00 0% $0.00 $0.00
Contract Services $0.00 0% $0.00 $0.00
Goods and
Services
DUI patrol supplies and
educational materials $5,000.00 0% $0.00 $5,000.00
Equipment $0.00 0% $0.00 $0.00
TOTAL $43,500.00 $0.00 $43,500.00
Employee Salaries and Benefits: $38,500
• 8- four-hour DUI shifts a month (20 weeks)-$16,000
• 8-four-hours DUI Mentoring shifts (20 weeks)-$16,000
• Eight-hour per month OT educational awareness shift-$4000
• Five-hour OT per month PIO social media -$2,500
Goods and Services: $5000
• 2 Lidar guns specifically assigned to this project-$3000. Grantee will provide WTSC with photos and serial
numbers once the Lidar Guns are invoiced.
• PBTs-$1000
• Educational handouts, dual language and other misc. goods and services-$1000
Important Notes:
1. Indirect cost rates are subject to change based on updated Indirect Rate Letters from a cognizant federal
agency or approved cost allocation plans. If the indirect rate increases, the budget will be modified by
deducting the amount of the indirect rate increase from other budget categories so that the total budget does
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not increase.
2. The total annual budget may not increase without a written amendment to this agreement executed by
both parties.
3. Adjustments between budget categories within the same year can be made upon mutual agreement of the
contact for WTSC and the contact for the SUB-RECIPIENT.
Objectives and Measures
Goal 1 - Conduct dedicated DUI patrols specifically targeting impaired driving by
completing a minimum of eight 4-hour shifts each month by September 30, 2025.
Objective Objective Details Completion Date
Solicit Officers to volunteer to participate in the
project.
Officers must meet the training requirements
(ARIDE, BAC, SFST) to work the DUI detail.06/30/2025
Deploy officers to conduct DUI patrols.06/30/2025
Analyze crash data to identify high-risk times
of day and days of the week and use these
insights to strategically plan and deploy DUI
patrols for maximum effectiveness.
Use SECTOR, RMS, and WTSC Dashboards 09/30/2025
Develop and implement an officer mentorship
program.
Coordinate the mentoring schedule to ensure
new officers have an opportunity to participate
in these details.
09/30/2025
Increase the number of DUI arrest by
conducting DUI patrols a minimum of eight 4-
hour shifts per month.
Increased enforcement should result in an
increase in DUI-related arrests during the
FFY2025 contract period.
Increase the percentage of DUI arrests by
10% (152 DUI arrests occurred in 2024).
09/30/2025
Monitor individual officer activity as well as Monitoring and review of Officer activity will be
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other areas such as day and time of patrols.conducted by Pasco Police Department
leadership.
09/30/2025
Measure Reporting
Frequency Type Target
Number of DUI arrests.Quarterly Process 42
Number of officer DUI patrol activity logs. Submitted in WEMS.Quarterly Process 24
Number of mentored officers participating in the DUI details.Quarterly Process 8
Goal 2 - Conduct at least 4 community education and outreach activity each month,
including the use of social media, by September 30, 2025.
Objective Objective Details Completion Date
Create a social media outreach plan with the
Pasco Police Department PIO.
Plan may include frequency of posts, content,
and format (type of social, AMA, Officer
spotlight, video)
09/30/2025
Create bi-lingual educational materials and
outreach presentations.09/30/2025
Conduct community education presentations
on impaired driving awareness to include, but
not limited to, area schools, driver education
programs, local businesses, and community
events.
09/30/2025
Create and execute a Spanish language
outreach with local media outlets.09/30/2025
Measure Reporting
Frequency Type Target
Number of community presentations conducted.Quarterly Process 4
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Number of Spanish language presentations conducted.Quarterly Process 4
Number of social media posts made.Quarterly Process 20
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Ordinance – 2025 – 2026 Operating Budget Amendment - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE 2025-2026 BIENNIAL OPERATING BUDGET
(ORDINANCE NO. 4749), BY PROVIDING SUPPLEMENT THERETO; TO
PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S GENERAL
FUND, ALLOCATING FUNDING FOR INCREASED OVERTIME FOR THE
POLICE DEPARTMENT TO CONDUCT DEDICATED DUI ENFORCEMENT
PATROLS.
WHEREAS, on December 9, 2024, the Pasco City Council approved Ordinance No. 4749,
adopting the 2025-2026 Biennial Operating Budget; and
WHEREAS, the 2025-2026 Biennial Operating Budget included the Police Department
Operations in the amount of $50,067,449 for expenditures related to cost of labor, supplies and
services necessary to provide public safety to the community; and
WHEREAS, current projected costs exceed the originally anticipated costs, due to the
interagency agreement with the Washington Traffic Safety Commission in the amount of $43,500
to conduct dedicated DUI enforcement patrols, officer development and educational outreach; and
WHEREAS, between 2019 and 2023, impaired driving contributed to half of all traffic
fatalities in Pasco. In 2024, DUI arrests increased by 9.4%, and DUI-related collisions decreased
by 12.9%, supported in part by the Department’s participation in Target Zero High Visibility
Enforcement campaigns.
WHEREAS, the interagency agreement with the Washington Traffic Safety Commission
will fund 8 four-hour DUI patrol shifts per month, community outreach events, social media
messaging, officer mentoring shifts and related supplies.
WHEREAS, these activities aim to reduce impaired driving, support officer training, and
improve public trust and awareness around DUI enforcement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to RCW 35A.34.200 (1)(d), as follows:
Fund EXPENDITURE REVENUE
GENERAL Fund $43,500 $43,500
Total $43,500 $43,500
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Ordinance – 2025 – 2026 Operating Budget Amendment - 2
Section 2. That the additions in appropriations and expenditures are hereby declared
to exist in the above funds for the said uses and purposes as shown above, and the proper City
officials are hereby authorized and directed to issue warrants and transfer funds in accordance
with the provision of the Ordinance.
Section 3. Except as amended herein, Ordinance No. 4749 as previously adopted
heretofore shall remain unchanged.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance.
Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 6. Effective Date. This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take full force and
effect five (5) days after approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of ______,
2025.
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: ___________________________
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AGENDA REPORT
FOR: City Council May 28, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 6/2/25
FROM: Dave Zabell, City Manager
City Manager
SUBJECT: the for Delegate(s) & Alternate Voting *Designating Delegates
Association of Washington Cities (AWC) Annual Meeting Scheduled for
June 26, 2025 (3 minutes staff presentation)
I. ATTACHMENT(S):
N/A
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve (up to three) ___________, _____________, and
____________ as the City of Pasco's voting delegates at the June 26, 2025
Association of Washington Cities (AWC) Annual Meeting, held at the Three
Rivers (up three) to furthermore, Kennewick, Center, Convention WA,
________, ________, or _______ is/are designated as substitute delegate(s)
in the case that an approved delegate is unable to attend the AWC Annual
Meeting.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Association of Washington Cities (AWC) is a private, nonprofit, nonpartisan
corporation that represents Washington's cities and towns before the state
legislature, the state executive branch and with regulatory agencies. A wide
array of programs and services are offered to its members.
The City of Pasco is a member of AWC, one of 281 cities and towns across
Washington State.
Three the at Kennewick in The will Meeting Annual AWC occur Rivers
Convention Center in conjunction with the AWC Annual Conference taking
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place from June 24th through June 27th. An online option will also be provided
for those who wish to view the meeting and/or participate as a voting delegate.
The agenda for AWC Annual Meeting which will occur on Thursday, June 26
from 4 to 5:45 pm is as follows:
Election of the AWC Board of Directors
An update from AWC CEO
An update on the 2025 legislative session
Vote on Amendments to the AWC Bylaws
Affirm the AWC Statement of Policy
V. DISCUSSION:
The City of Pasco may designate up to three voting delegates for the AWC
Annual Meeting. The voting delegates are typically elected officials or staff and
are not required to attend the Annual Conference. The delegates vote on the
candidates for the AWC Board of Directors. The delegates may attend the
meeting in-person or online. If they are unable to participate a substitute may
take their place; however, the substitute must be accepted by AWC by 2:00 PM
on Thursday, June 26th.
At this time Councilmember Perales, Councilmember Barajas, ICM Dave
Zabell, DCM Richa Sigdel, ACM Pashon, and Directors Serra, Miller, Garcia,
and Rashid are registered for the AWC Annual Conference. However, other
Councilmembers may participate in the Annual Meeting remotely, without
attending the conference.
It is recommended that Council identify 3 voting delegates along with 2-3
alternates to represent the City at the Annual Meeting.
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Promote a high-quality of life through quality programs, services and
appropriate investment and re- investment in community
infrastructure.
City Council Goals
QUALITY OF LIFE
2024-2025
Enhance the long-term viability, value, and service levels of services
and programs.
FINANCIAL SUSTAINABILITY
Promote a highly functional multi-modal transportation system.
COMMUNITY TRANSPORTATION NETWORK
Implement targeted strategies to reduce crime through strategic
investments in infrastructure, staffing, and equipment.
COMMUNITY SAFETY
Promote and encourage economic vitality.
ECONOMIC VITALITY
Identify opportunities to enhance City of Pasco identity, cohesion,
and image.
CITY IDENTITY
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METAS DEL CONCEJO MUNICIPAL
2024-2025
Promover una alta calidad de vida a través de programas, servicios
y inversion apropiada y reinversión en la comunidad infraestructura
comunitaria.
CALIDAD DE VIDA
Promover viabilidad financiera a largo plazo, valor, y niveles de
calidad de los servicios y programas.
SOSTENIBIILIDAD FINANCIERA
Promover un sistema de transporte multimodal altamente funcional.
RED DE TRANSPORTE DE LA COMUNIDAD
Implementar estrategias específicas para reducir la delincuencia por
medios de inversiones estratégicas en infraestructura, personal y equipo.
SEGURIDAD DE NUESTRA COMUNIDAD
Promover y fomentar vitalidad económica.
VITALIDAD ECONOMICA
Identificar oportunidades para mejorar la identidad comunitaria, la
cohesión, y la imagen.
IDENTIDAD COMUNITARIA
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