HomeMy WebLinkAboutZ 2025-005 O'Neill Rezone decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
Z 2025-005 ) CONCLUSIONS OF LAW, AND
O'Neill Rezone ) RECOMMENDED DECISION
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on July 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. FINDINGS OF FACT
1. APPLICANT: Shane O'Neill; 6904 Rogue Dr.; Pasco, WA 99301
2. REQUEST: Rezone: 2817 Road 84 (Parcel #118402034) Rezone from RS-20 (Residential
Suburban) to R-1 (Low -Density Residential)
3. Timeline:
3.1. 23 May 2025 Application Submitted
3.2. 10 June 2025 Application Deemed Complete
3.3. 20 June 2025 Application Noticed for Public Hearing
3.4. 2 July 2025 Public Hearing Staff Report Published
4. PROPERTY DESCRIPTION:
4.1. Legal: SHORT PLAT 2018-30 LOT 1
4.2. General Location: Located off Road 84 approximately 452 ft. north of W Livingston Rd.
4.3. Property Size: Approximately 1 acre
5. ACCESS: The parcel has access off Road 84.
6. UTILITIES: Municipal water is available off Road 84, municipal sewer is located approximately 690
feet to the north at the intersection of Road 84 and W Argent Rd.
7. LAND USE AND ZONING: The site is zoned RS-20 (Residential Suburban) and is developed with
a single-family dwelling unit and various accessory structures. Surrounding properties are zoned and
developed as follows:
7.1. North:RS-20 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLINGS
7.2. East: RS-20 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLINGS
7.3. South: RS-20 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLINGS
7.4. West: RS-20 Low Density Residential/SINGLE FAMILY DWELLINGS
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
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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 Pasco Municipal Code (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. This rezone request supports Housing Goal H-1 of the Comprehensive Plan, which encourages
housing for all economic segments of the city's population consistent with the local and regional
market. The rezone request is also in line with Housing Policy H-1-A which encourages the City
to 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. ENVIRONMENTAL DETERNUNATION: The zone change application is exempt from SEPA due
to the project meeting the requirements of WAC 197-11-800(c).
10. ANALYSIS
11. Request
11.1. Applicant Shane O'Neill wishes to rezone (Parcel #118402034) in Pasco, WA 99301 from
RS-20 (Residential Suburban) to R-1 (Low -Density Residential). The sites comprise
approximately 1 acre. The underlying Land Use Code is "Low Density Residential," which
specifies 3 to 6 dwelling units (DU) per acre.
11.2. The proposed rezone does not include a project action. It is anticipated that should the
rezone be approved a subsequent subdivision project would likely be submitted for review. This
review would include requirements for the impacts it has on the level of service for parks,
transportation, etc. Any subsequent subdivision proposals would additionally be required to adhere
to Pasco Municipal Code, including provisions such as connectivity and residential design
standards. If any future project is in excess of the categorical threshold requirements in WAC 197-
11-800 though, then a SEPA will likely be required to identify and mitigate potential impacts to
the natural and built environments.
12. History
12.1. The site was annexed into the City in 2015 via Ordinance 4222 and subsequently assigned
the RS-20 (Residential Suburban) zoning designation via Ordinance 4221. The site contains an
existing dwelling and a couple of accessory structures that were constructed around 1967.
13. Rezone Criteria
13.1. The initial review criteria for considering a rezone application are explained in PMC.
25.210.030. The criteria are listed below as follows:
13.1.1. The date the existing zone became effective:
13.1.1.1. The site was assigned RS-20 zoning in 2015 via Ordinance 4222
13.1.2. The changed conditions, which are alleged to warrant other or additional zoning:
13.1.2.1. In 2015 the site was annexed into the City and given the Low -Density Residential
designation, and has remained so since. Since 2015, the City ofPascos Comprehensive
Plan has been updated to reflect a 3 to 6 dwelling unit (DU) requirement for the Low
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Density Residential Land Use Code. It is not possible to develop to the minimum density
requirements without rezoning to another district allowed in the under Low Density
Residential Land Use. A rezone from RS-20 (Residential Suburban) to R-1(Low-Density
Residential) will allow the property to be developed to density requirements of Pascos
Comprehensive Plan.
13.1.2.2. Additionally, the zone change of the property to R-1, will allow for the applicant
to 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-I zoning district. The density requirement in PMC
25.45.050 was also amended to eliminate the one -unit -per -lot development restriction.
13.1.3. Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
13.1.3.1. The rezone application and proposal are consistent with the City Council -approved
Comprehensive Plan, which has been determined to be in the best interest of advancing
public health, safety, and general welfare of the community. It is hoped that further
ability to subdivide and increase of housing types on the site will increase the
desirability of the property as well as the public health, safety, and general welfare.
13.1.3.2. From a public health perspective, future residential development of the site could
encourage walking to and from school with development of proper sidewalk
infrastructure. Livingston Elementary is approximately .12 miles from the site, along
with Chiawana High School located approximately .14 miles and McLoughlin Middle
School located approximately .07 miles from the site. Additionally, the site is located
approximately .58 miles from the front entrance of Chiawana Park, which borders the
Columbia River
13.1.3.3. In terms ofpublic safety, the site is located approximately .43 miles from Franklin
County Fire District 3 Station 34 along West Court Street, well within the established
response -time zone. There is also Pasco Fire Station 85 located approximately 1.09
miles away along Road 100.
13.1.3.4. Safety of the future residential community will also be provided for through the
implementation of the civil, building and fire codes which mandate adequate access,
fire hydrants, and similar fire and life safety requirements for all new development.
13.1.4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
13.1.4.1. A change in zoning would be consistent with the Comprehensive Plan Future Land
Use Map designation for the site which is Low Density Residential. The proposed land
usage matches that of the adjacent properties and would have a positive impact on
neighboring properties.
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13.1.4.2. The proposed rezone would allow for development between 3 to 6 dwelling units
per acre, a requirement applicable to both the RS-20 and the R-1 zoning districts but is
unobtainable due to RS-20 minimum lot size requirements [PMC 25.30.050(1)J. Any
subsequent development actions, depending upon their intensity, could be subject to
Washington's State Environmental Policy Act (SEPA) review. This review includes
identifying and mitigating any impacts to the natural and built environment.
13.1.5. The effect on the property owner or owners if the request is not granted:
13.1.5.1. According to the applicant, if the proposed zone change is not granted to would
lead to lower development potential and reduced land value due to the current zoning
allowing for less density. Over time the property "...could become an isolated pocket
of underutilized land, possibly making infrastructure extension less cost-effective or
delayed (Application Narrative, Pg. 5). " It would also add barriers to meeting housing
demand at a time where Pasco demand for housing is increasing. Also, keeping the
zoning as RS-20 would be contrary to the City's Comprehensive Plan due to the current
zoning having a density standard less than the minimum allowed for the property's
Comprehensive Plan Land Use Designation.
13.1.6. The Comprehensive Plan land use designation for the property:
13.1.6.1. The City of Pasco Comprehensive Plan designates this site as "Low Density
Residential. " The Low Density Residential designation provides 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 zoning.
13.1.7. Such other information as the Hearing Examiner requires:
13.1.7.1. The rezone application is consistent with and meets the intent of the
Comprehensive Plan, and City Council Goals.
14. FINDINGS OF FACT
14.1. Public notice of this hearing was sent to property owners within 300 feet of the property
and posted in the Tri-City Herald on June 20, 2025.
14.2. Applicant wishes to rezone Parcel 118402034 from RS-20 (Residential Suburban) to R-1
(Low -Density Residential).
14.3. The sites comprise approximately 1 acre.
14.4. The underlying Low -Density Residential Land Use Designation specifies 3 to 6 dwelling
units (DU) per acre.
14.5. The site was assigned R-S-20 zoning in 2015 via Ordinance 4222.
14.6. Existing R-S-20 zone only has a density standard of 2 dwellings per acre, which is below
the Comprehensive Plan Land Use minimum of 3 dwellings per acre making the zone legally non-
conforming.
14.7. Changing the zone to R-1 Low -Density Residential would bring the property into
conformance with the Low -Density Residential Land Use Designation.
14.8. Location of the property is approximately .12 miles from Livingston Elementary, .14 miles
from Chiawana High School, and .07 miles from McLoughlin Middle School.
14.9. Location of the property is approximately .43 miles from Franklin County Fire District 3
Station 34 and 1.09 miles from Pasco Fire Station 85.
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14.10. Location of the property is near two major road collectors (Road 84 & W Argent Rd.).
14.11. The City's 2018-2038 Comprehensive Plan Land Use Map designates the site as "Low
Density Residential".
14.12. 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.
14.13. Parcel 118402034 contains a single-family dwelling and accessory structures built around
1967.
15. CONCLUSIONS BASED ON FINDINGS OF FACT
16. 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:
16.1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
16.1.1. The City of Pasco Comprehensive Plan designates this site as "Low Density Residential. "
The Low Density Residential designation provides 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 zoning.
16.1.2. 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.
16.1.3. Current zoning designation ofR-S-20 has a density allowance of only 2 dwellings per acre,
which is below the minimum residential density as required for the Low -Density Residential
Land Use Designation. Hence at present the property cannot be further developed due to the
density standard being below the minimum allowed in PMC 25.215.015. Changing the zoning
will allow for the property to be able to be developed at a standard as provided under PMC
25.215.015.
16.1.4. The proposed rezone application would implement or be consistent with the following comp
plan goals/polices:
16.1.5. Land Use Goal 2: Plan for a variety of compatible land uses within the UGA.
16.1.5.1. Policy 2-B: Facilitate planned growth within the City limits and UGA, and promote
infill developments in the City limits through periodic review of growth patterns and
market demand within each of the City land use designations.
16.1.5.2. Changing the zoning to R-1 would promote the ability for infill development and
help facilitate planned growth within City limits and the UGA. This is due to the
increased density limits and types of housing allowed.
16.1.5.3. Policy 2-F.• Discourage developments dependent on septic system, and at a density
below the minimum, to sustain an urban level of services.
16.1.5.4. The current zoning of R-S-20 is below the underlying Low -Density Residential
Land Use Designation minimum of 3 dwellings per acre. Additionally, the minimum lot
size for the R-S-20 at half -acre is the minimum size to allowed for septic systems. A zone
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change to R-1 would help to discourage development dependent upon septic systems
and allow for housing at a density in conformance with the Comprehensive Plan.
16.1.6. Land Use Goal 4: Increase community accessibility through proper land use planning.
16.1.6.1. Policy 4-B: Encourage infill and high density uses within proximity to major travel
corridors and public transportation service areas.
16.1.6.2. Property location is directly off Road 84 and approximately .12 miles from W
Argent Rd. both major collectors, along with access to Ben Franklin Transit Routes 67
and 68 from the intersection area of Road 84 and W Argent Rd. Having higher density
and infill would further support services within the area. According to both Pasco
Transportation System Master Plan (TSMP) and Ben Franklin Transit Development
Plan, .....additional bus service is planned to extend coverage along Road 84 south of
M Argent Road, with continued service along the end of Court Street west of Road
68. "
16.1.6.3. Policy 4-F. Support mixed use, smart growth, infill, and compact developments
with transit and pedestrian amenities that promote a healthy community.
16.1.6.4. The zone change will allow for the increased potential for compact infill
development near existing transit lines. This will lead to furthering the support of those
transit lines and lead to further development of pedestrian amenities within the area.
16.1.7. Land Use Goal 5: Maintain a broad range of residential land use designations to
accommodate a variety of lifestyles and housing opportunities.
16.1.7.1. Policy 5 A: Allow a variety of residential densities throughout the UGA.
16.1.7.2. Changing the zoning to R-1 will increase the variety of residential densities in the
area. Currently the property and surrounding properties have a residential density level
of 2 dwellings per acre. Additionally, this change of density will spur a variety of
housing opportunities due to the increased housing types allowed with the R-1 Zoning
District vs. what is allowed for the R-S-20 Zoning District.
16.1.7.3. Policy 5-B: Encourage higher residential densities within and adjacent to major
travel corridors, Downtown (Central Business District), and Broadmoor.
16.1.7.4. The property is located directly off Road 84, which is listed as a major collector
and is also located approximately .12 miles from W Argent Rd. which is another major
collector. Changing the zoning to R-1 would allow for increased residential densities
near two major travel corridors, hence furthering the enactment of this policy.
16.1.8. Housing Goal 1: Encourage housing for all economic segments of the Citys population
consistent with the local and regional market.
16.1.8.1. Policy ]-A: Allow for a full range of housing including single family homes,
townhouses, condominiums, apartments, and manufactured housing, accessory
dwelling units, zero lot line, planned unit developments, etc.
16.1.8.2. Changing the zone to R-1 will allow for an increase of housing types in comparison
to the current zoning of R-S-20 which allows for only single-family dwellings and
accessory dwelling units. This will work to ensure that the City will meet the increased
need for housing.
16.2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
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16.2.1. This application for rezone is consistent with the Comprehensive Plan Land Use Element
and meets the intent of the Goals and Policies for the property. A rezone from R-S-20 to a
different zoning district would allow the property to be further developed as the current
zoning does allow for development meeting minimum density requirements.
16.2.2. A development action affecting the site would be subject to the State Environmental Policy
Act (SEPA) and impacts to the natural and built environment, including neighboring
properties, would be considered and mitigated through the SEPA process.
16.3. There is merit and value in the proposal for the community as a whole.
16.3.1. 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.
16.4. Conditions should be imposed in order to mitigate any significant adverse impacts
from the proposal.
16.4.1. 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 significant adverse impacts at the time ofa development application, which will
also be subject to review under the State Environmental Policy Act (SEPA).
16.5. A Concomitant Agreement should be entered into between the City and the petitioner,
and if so, the terms and conditions of such an agreement.
16.5.1. No Concomitant Agreement is considered necessaryfor this application.
17. An open record public hearing was held, after legal notice, on July 9, 2025
18. Appearing and testifying on behalf of the Applicant was the Applicant himself, Shane O'Neill, of 6904
Rogue Drive, Pasco, Washington. Mr. O'Neill testified that he was the Applicant. He stated that he had
reviewed the Staff Report, and agreed with the representations set forth therein. Mr. O'Neill offered an
aerial video exhibit of the subject property.
19. No member of the public testified at the hearing.
20. At the conclusion of the public hearing, the record was held open until July 11, 2025, to allow Applicant
time to submit the aerial video exhibit in a format suitable for public record retention. It was received
on July 10, 2025.
21. Written public comments opposing the application were submitted by the following:
21.1. Trisha Green, address unknown;
21.2. Robert Green, 2812 N Rd 84, Pasco, Washington;
21.3. Charlie and Chau Serna, 2816 Rd 84, Pasco, Washington.
22. The following exhibits were admitted into the record:
22.1. Ex. A Staff Report;
22.2. Ex. B Remainder of Planning Staff File.
22.3. Ex. C Combined Written Public Comments of Trisha Green, Robert Green, and Charlie
and Chau Serna.
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22.4. Ex. D Aerial Video of Subject Property
23. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
24. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
H. CONCLUSIONS OF LAW
1. The Hearing Examiner has been granted the authority to render a recommendation to approve,
approve with modifications and/or conditions, or reject the petition based on its findings and
conclusions.
2. This zoning petition is consistent with the Pasco Comprehensive Plan and Pasco Municipal Code.
3. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this
reference.
III. RECOMMENDED DECISION
Based on the above Findings of Fact and Conclusions of Law, Z 2025-005 is hereby recommended for
APPROVAL.
Dated this day of July, 2025
CITY OF PASCO HEARING EXAMINER, PRO TEM
Ja D. Eyestone
This recommendation is subject to a timely filed appeal pursuant to PMC 25.210.070
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