HomeMy WebLinkAbout4779 Ordinance - Diaz Rezone from C-1 to MU (Z2025-004)Ordinance Rezone Z2025-004 - 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. 4779
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED NEAR THE CORNER OF WEST SYLVESTER
STREET AND NORTH 20TH AVENUE, IN PASCO, WASHINGTON, FROM C-
1, RETAIL BUSINESS TO MU, MIXED-USE.
WHEREAS, Shane O’Neill of Clover Planning & Zoning, on behalf of Jesus Higareda
Diaz, the petitioner seeks to rezone the northern portion of Parcel No. 119451320, 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 May 14, 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 the 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:
Ordinance Rezone Z2025-004 - 2
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
C-1 Retail Business to MU Mixed Use for the real property as shown in Exhibit B attached hereto
and described as follows:
THE PORTION OF BLOCK 1, TOGETHER WITH VACATED ALLEYS AND
STREETS WHICH LIE WITHIN THE WEST 250 FEET OF THE EAST 460
FEET OF THE NORTH 290 FEET OF O'KEEFE'S THIRD ADDITION TO
PASCO, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
"B" OF PLATS, PAGE 37, RECORDS OF FRANKLIN COUNTY,
WASHINGTON. (ALSO KNOWN AS PARCEL A OF RECORD OF SURVEY
RECORDED DECEMBER 16, 1998 UNDER AUDITOR'S FILE NO. 1560058)
TOGETHER WITH THAT PORTION OF LOTS 19 THROUGH 32,
INCLUSIVE, BLOCK 6 CORRECTED PLAT OF O'KEEFE'S THIRD
ADDITION TO PASCO, ACCORDING TO THE PLAT THEREOF RECORDED
IN VOLUME B OF PLATS, PAGE 37, RECORDS OF FRANKLIN COUNTY,
WASHINGTON. TOGETHER WITH THAT PORTION OF THE ALLEY
LYING BETWEEN SAID LOTS 24 AND 25 AND THE NORTH HALF OF
THAT PORTION OF VACATED EAST AND WEST ALLEY ADJOINING
SAID LOTS ON THE SOUTH AND SAID NORTH/SOUTH ALLEY
EXTENDED; TOGETHER WITH THE SOUTH HALF OF VACATED STREET
ADJOINING SAID LOTS ON THE NORTH AND SAID NORTH/SOUTH
ALLEY EXTENDED, FRANKLIN COUNTY, WASHINGTON. EXCEPT THE
EAST 210 FEET THEREOF.
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.
Ordinance Rezone Z2025-004 - 3
PASSED by the City Council of the City of Pasco, Washington, on this 7th day of July,
2025.
APPROVED AS TO FORM:
___________________________
Kerr Ferguson Law, PLLC
City Attorneys
_____________________________
David Milne
Mayor Pro Tem
ATTEST:
_____________________________
Debra Barham, MMC
City Clerk
Published: July 13, 2025