HomeMy WebLinkAbout4768 Ordinance - Sawyer R-S-1 to R-1 Rezone (Z2025-002)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. 4768
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 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.
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 2nd day of June,
APPROVED AS TO FORM:
___________________________
Kerr Ferguson Law, PLLC
City Attorneys
2025.
_____________________________
Pete Serrano
Mayor
ATTEST:
_____________________________
Debra Barham, MMC
City Clerk
Published: June 8, 2025
Ordinance Rezone Z2025-002 - 2
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.
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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).
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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
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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.
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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.
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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
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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).
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