HomeMy WebLinkAboutPP2025-002 Three Rivers Ranch decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
PP 2025-002 ) DECISION AND
Three Rivers Ranch Subdivision ) CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on May 14,
2025, the Hearing Examiner having taken evidence hereby submits the following Findings of Fact,
Conclusions of Law, Decision and Conditions of Approval as follows:
I. FINDINGS OF FACT
1. APPLICANT: MLC Laird Holdings II, LLC; C/o Shawn Milligan; 2323 S Bascom Ave, Ste 150A;
Campbell, CA 95008
2. REQUEST: Preliminary Plat: Subdivision of the northern portion of parcel 116030035 into 140
residential lots.
fCm-910510 910 of
3.1. January 24, 2025 Preliminary Plat Application-PP2025-001 and SEPA Environmental
Checklist-SEPA2025-005, submitted
3.2. February 6, 2025 Applications Deemed Complete
3.3. April 15, 2025 SEPA Determination of Non -Significance Issued
3.4. April 22, 2025 Notice of Public Hearing for PP2025-002 Mailed to Properties Within 300
Feet of Proposed Subdivision
3.5. April 23, 2025 Notice for Public Hearing for PP2025-002 Published in Tri-City Herald
3.6. May 2, 2025 Public Hearing Staff Report Published
4. PROPERTY DESCRIPTION:
4.1. Legal: Northern portion of Parcel 116030035: THAT PORTION OF THE NORTHEAST
QUARTER OF SECTION 9, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE
MERIDIAN, FRANKLIN COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 89040'37" WEST ALONG THE NORTH LINE THEREOF A DISTANCE OF
844.22 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF THE FINAL PLAT OF
THREE RIVERS WEST PHASE 4, AS RECORDED IN VOLUME D OF PLATS AT PAGE 523,
UNDER AUDITOR'S FILE NUMBER 1859024, RECORD OF FRANKLIN COUNTY,
WASHINGTON, BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING THE
NORTH LINE OF SAID NORTHEAST QUARTER, SOUTH 01°34'24" EAST ALONG THE
WEST LINE OF SAID THREE RIVERS WEST PHASE 4 AND ITS SOUTHERLY
PROJECTION A DISTANCE OF 2670.16 FEET TO ITS INTERSECTION WITH THE
NORTHERLY MARGIN OF SANDIFUR PARKWAY, ALSO BEING THE SOUTHWEST
CORNER OF LOT 1, PLAT OF THREE RIVERS WEST PHASE 1 AS RECORDED IN
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VOLUME D OF PLATS AT PAGE 469, UNDER AUDITOR'S FILE NUMBER 1819194,
RECORDS OF FRANKLIN COUNTY, WASHINGTON; THENCE SOUTH 89°59'09" WEST
ALONG SAID NORTHERLY MARGIN A DISTANCE OF 411.28 FEET, MORE OR LESS, TO
THE SOUTHEAST CORNER OF LOT 4, BINDING SITE PLAT 2019-02 RECORDED IN
VOLUME 1 OF BINDING SITE PLANS, AT PAGE 239, UNDER AUDITOR'S FILE NUMBER
1894875, RECORDS OF FRANKLIN COUNTY, WASHINGTON; THENCE ALONG THE
EASTERLY AND NORTHERLY LINES OF SAID BINDING SITE PLAN THE FOLLOWING
COURSES: NORTH 00°00'51" WEST A DISTANCE OF 238.71 FEET; THENCE SOUTH
89059'09" WEST A DISTANCE OF 258.12 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 167.50 FEET, THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
96031'06" A DISTANCE OF 282.16 FEET; THENCE NORTH 06°30'15" EAST A DISTANCE
OF 136.25 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A
RADIUS OF 312.50 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 1701 T00" A DISTANCE OF 94.27 FEET TO THE
NORTHEAST CORNER OF LOT 1 OF SAID BINDING SITE PLAN; THENCE SOUTH
74042115" WESTALONG THE NORTH LINE OF LOT 1 AND ITS WESTERLY PROJECTION
A DISTANCE OF 360.28 FEET TO THE EASTERLY MARGIN OF ROAD 68; THENCE
NORTH 1500131" WEST ALONG SAID EASTERLY MARGIN A DISTANCE OF 360.01
FEET; THENCE LEAVING SAID EASTERLY MARGIN, NORTH 74°58'29" EAST A
DISTANCE OF 360.14 FEET TO THE BEGINNING OF AN NON -TANGENT CURVE
CONCAVE TO THE WEST HAVING A RADIUS OF 578.75 FEET, THE CHORD OF WHICH
BEARS NORTH 07016'12" WEST A DISTANCE OF 88.40 FEET; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08045'35" A
DISTANCE OF 88.48 FEET; THENCE NORTH 11°39'00" WEST A DISTANCE OF 104.34
FEET TO THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS
SEGREGATION AREA 3 IN QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE
NUMBER 1930596, RECORDS OF FRANKLIN COUNTY WASHINGTON, ALSO BEING
THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE NORTHWEST
HAVING A RADIUS OF 500.00 FEET, THE CHORD OF WHICH BEARS NORTH 73-48,59"
EAST A DISTANCE OF 121.34 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE AND ALONG THE SOUTH LINE OF SAID PARCEL, THROUGH A CENTRAL
ANGLE OF 13056'20" A DISTANCE OF 121.64 FEET TO THE SOUTHEAST CORNER OF
SAID PARCEL; THENCE ALONG THE EAST LINE OF SAID PARCEL AND ITS
NORTHERLY PROJECTION, NORTH 00019'23" WEST A DISTANCE OF 1440.88 FEET TO
ITS INTERSECTION WITH THE NORTH LINE OF SAID NORTHEAST QUARTER, ALSO
BEING THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED
AS SEGREGATION AREA 2 IN QUIT CLAIM DEED RECORDED UNDERAUDITOR'S FILE
NUMBER 1930597, RECORDS OF FRANKLIN COUNT, WASHINGTON; THENCE ALONG
THE NORTH LINE OF SAID NORTHEAST QUARTER, NORTH 89-40137" EAST A
DISTANCE OF 767.56 FEET TO THE POINT OF BEGINNING AND THE END OF THIS
DESCRIPTION. (PARCEL B OF RS-1973890)
4.2. General Location: Located to the north of future Three Rivers Drive, east of Road 68, south of
future Burns Road, and west of Convention Drive.
4.3. Property Size: Northern portion: 23.4 acres
5. ACCESS: The property will have access from future Burns Road and future Three Rivers Drive.
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6. UTILITIES: Municipal water and sewer are available adjacent to Burns Road and will be required to
be extended to and through.
7. LAND USE AND ZONING: The property is zoned R-4 (High Density Residential District) and is
currently undeveloped and used for growing crops. Surrounding properties are zoned and developed as
follows:
7.1. North: R-S-40 Suburban (County)/Single Family Homes/Undeveloped/Agricultural
7.2. East: R-1 Low Density Residential/Single Family Homes
7.3. South: R-T Residential Transition/Undeveloped/Agricultural
7.4. West: C-1 Retail Business/Clinic
8. COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates this site as "Mixed
Residential/Commercial." The Mixed Residential/Commercial designation accommodates a diverse
range of housing, nonresidential uses, commercial uses, neighborhood retail and office uses, parks and
recreation areas, and civic uses at a density of 5 to 29 dwelling units per acre, and may be assigned R-
1, R-2, R-3, R-4, C-1, O and Mixed -Use zoning district designations.
9. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.
Based on the SEPA checklist (SEPA2025-008), the adopted City Comprehensive Plan, City
development regulations, and other information, a threshold determination resulting in a Determination
of Non -Significance (DNS) was issued on April 15, 2025, for this project under WAC 197-11-355.
10. REQUEST: The applicant proposes to subdivide the northern portion of Parcel 116030035, totaling
approximately 23.4 acres, into 140 individual lots intended for single-family detached residential
development within the R-4 zoning district. The development will be constructed in two phases.
Subdivision improvements will include mass grading, public roads, water, sewer, irrigation, and the
extension of communication and power infrastructure. The project also includes extending existing City
of Pasco public streets along the property's frontage, specifically Burns Road and Three Rivers Drive.
Additionally, two public pedestrian pathways are proposed to enhance walkability within the residential
blocks.
11. HISTORY: The subject property was annexed into the City in 1981 via Ordinance 2388 and assigned
the R-T zone through Resolution 1396. The property was subsequently rezoned from R-T to R-4 in
September of 2022 via Ordinance 4609.
12. LOT & RIGHT-OF-WAY LAYOUT: The proposed preliminary plat would create a total of 140 lots
designated for single-family residential development. The subdivision includes the dedication of land
for public right-of-way and the construction of new roadways. This includes the planned extension of
Burns Road, classified as a Principal Arterial, and Three Rivers Drive, classified as a Neighborhood
Collector. Both streets run east —west and will be interconnected by a proposed north —south local access
road situated on the western edge of the development. Additionally, four internal east —west local access
roads are proposed, each approximately 512 feet in length, measured from intersection to intersection.
12.1. Two north —south public pedestrian access easements are also proposed along the eastern
portion of the site, providing pedestrian connectivity between Three Rivers Drive and Burns Road.
12.2. The proposed lots have an average area of approximately 5,050 square feet, with the
smallest lot measuring 4,000 square feet and the largest at 10,487 square feet. All lots within the
plat will be provided access to public right-of-way.
13. The subject property Comprehensive Plan designation is Mixed Residential/Commercial which allows
for residential development at a density between 5 and 29 dwelling units per acre.
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14. The proposed number of lots equates to 5.98 dwelling units per acre.
15. The project will involve the construction of new roadways to provide access to the new lots.
16. Provisions for a direct path for bikes and pedestrians, safe routes to school, and neighborhood traffic
management measures are required as the proposed site is within one-half mile of a public school.
17. Water and Sewer will be extended to and through the right-of-way to provide all lots with access to
utilities.
18. Water rights shall be either deeded to the City or an in -lieu of fee paid prior to recording of any final
plat.
19. The Department of Archaeology and Historic Preservation (DAHP) received a Cultural Resources
Report for the subject site dated October 2024 and issued their concurrence within the same month and
year.
20. An Environmental Site Assessment Report dated October 22, 2024, was submitted and concluded that
no recognized environmental conditions were identified on the site.
21. A Tier 2 Traffic Impact Analysis (TIA) memo dated March 31, 2025, determined that the proposed
development will not necessitate off -site transportation improvements beyond the collection of
applicable traffic impact fees.
22. Traffic, Park, and School impact fees will be collected for each lot prior to building permits being issued
for new residences.
23. HEARING EXAMINER FINDINGS:
23.1. Adequate provisions are made for the public health, safety and general welfare and for
open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes,
parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking
conditions for students, and other public needs;
23.1.1. The proposed subdivision will be serviced by City emergency services and is located
approximately 0.8 miles from Mariposa Park. The proposal will be required to construct the
right-of-way to meet the requirements of PMC and the Pasco Design and Construction
Standards. Utilities such as municipal water and sewer are required to be extended to and
through the right-of-way to provide access to all lots within the proposed subdivision.
23.1.2. Traffic, park, and school impact fees will be collected with each building permit issued for
a new dwelling to account for impacts to the transit system, school system, and park land
improvements and maintenance.
23.2. The proposed subdivision contributes to the orderly development and land use patterns in
the area;
23.2.1. The proposed development will consist of single-family detached residential dwellings
consistent with the established residential development pattern in the surrounding area.
Although certain lots are smaller in size compared to nearby parcels, each will be developed
in accordance with the Zone District Standards.
23.2.2. The developer will be required to construct full right-of-way improvements —including
curb, gutter, sidewalk, and street lighting —to support safe pedestrian circulation and promote
public welfare.
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23.2.3. The extension of Three Rivers Drive represents a key infrastructure component, facilitating
an essential east -west corridor linking Road 68 to Road 56—an alignment exceeding one mile
in length that will significantly improve local traffic circulation.
23.3. The proposed subdivision conforms to the policies, maps and narrative text of the
Comprehensive Plan;
23.3.1. Housing Policy H-1-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. The R-4 zoning designation allows for a
variety of dwelling types, this proposal would have only detached single-family dwellings
matching the immediate vicinity.
23.3.2. Land Use Policy LU-2-13: 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. The proposal involves
residential infill development within an area that has historically met the Comprehensive
Plan's minimum density standards. It remains consistent with the Mixed
Residential/Commercial land use designation outlined in the Comprehensive Plan and will
contribute to increased housing availability.
23.3.3. Utilities Policy UT-1-A: Ensure that public water and sewer services are available
concurrently with development in the urban growth area. Public water and sewer are available
nearby. The proposal would bring public water and sewer to and through the property for each
lots access and provide a closer access point for existing nearby properties that may want to
connect or bring utilities to their property.
23.4. The proposed subdivision conforms to the general purposes of any applicable policies or
plans which have been adopted by the City Council;
23.4.1. The City Council has adopted the Pasco Comprehensive Plan which contains various goals
and policies of which the proposal conforms to, see example policies under (3) of this section.
Further, the proposal conforms with some Council's 2022-2023 goals such as:
23.4.1.1. Economic Vitality: Implementation of the Comprehensive Land Use Plan through
related actions including zoning code changes, phased sign code update, and
development regulations and standards. In November of 2023 the City Council passed
Ordinance 4700 relating to residential design standards. These standards provide
various housing types, lot sizes, frontage widths etc. which the proposed plat will
conform to and use.
23.5. The proposed subdivision conforms to the general purposes of this title;
23.5.1. Title 21 "Pasco Urban Area Subdivision Regulations" contains requirements and
procedures for various subdivision types. Requirements include those for streets, lots and
blocks, and application materials for each type of subdivision action. The proposed
subdivision would conform to the general purpose of title 21 with conditions of approval.
23.6. The public use and interest will be served by approval of the proposed subdivision.
23.6.1. The proposed plat, if approved, will be developed in accordance with all City codes and
standards designed to ensure the health, safety and general welfare of the community are met.
The Comprehensive Plan will be implemented through the development of this plat. These
factors will ensure the public use and interest are served.
24. An open record public hearing was held, after legal notice, on May 14, 2025
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25. Appearing and testifying on behalf of the Applicant, was Robert McLeod. Mr. McLeod testified that he
was an agent of the property owner and Applicant and had permission to speak on their behalf. He
stated that they agreed with the representations set forth within the staff report and had no objections
to any of the proposed Conditions ofApproval. He stated that the developer is providing larger lots on
the east side of the project to match the lots neighboring the project to the east. He also indicated that
there would be pedestrian access easements throughout the development.
26. Testifying from the public were the following individuals:
26.1. Jodi Clayton: Ms. Clayton was generally in support of the project but believes that the
Three Rivers/Rio Grande intersection is unsafe with the additional traffic caused by this project.
She would like to see this as a four way stop. Also, she stated that Three Rivers curves to the south
and that if cars are parked on the side of the road, there is not a clear line of sight. She stated that
this intersection is used as a bus stop for children.
26.2. Shane O'Neill: Mr. O'Neill testified that he testified at the rezone hearing. He was told at
that time that there would be no apartments and that he appreciates this plat design.
26.3. Megan Raymond: Ms. Raymond is the attorney for the applicant. She asked that proposed
condition of approval number 8 be revised as follows, "all utilities shall comply with PMC
12.36.050(2), as applicable."
27. The following exhibits were admitted into the record:
27.1. Ex. 1 Staff Report;
27.2. Ex. 2 Remainder of Staff File.
28. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
29. 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 this decision.
As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal
Code.
3. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this
reference.
III. DECISION
Based on the above Findings of Fact and Conclusions of Law, PP 2025-002 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The Three Rivers Ranch subdivision shall be developed in substantial conformance with the
submitted Plat. The subdivision shall contain 140 residential lots.
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2. All frontage improvements associated with this project are to be made in accordance with City of
Pasco Design and Construction Standards and Specifications for Public Works Improvements and
Municipal Codes.
3. The face of the final plat shall include this statement: "As a condition of approval of this final plat the
owner has waived the right to protest the formation of a Local Improvement District for right-of-way
and utility improvements to the full extent as permitted by RCW 35.43.182."
4. All stormwater is required to be maintained and treated on site in accordance with Washington State
Department of Ecology and City of Pasco Standards.
5. Civil plans submitted for City approval must be designed and stamped by a Washington State
Licensed Civil Engineer.
6. PMC 21.35.100 Underground Utilities: (1) All utility lines serving the subdivision, including but not
limited 6 to power, telephone and television cables, shall be installed underground. Adequate
easements shall be provided for all such utility lines, which will not be located within the right-of-
way. However, discussions with Franklin PUD have made it clear that high voltage distribution lines
will NOT be undergrounded. If the power poles fronting this development are High Voltage, they
shall be allowed to remain above ground and developer will need to design and develop frontage
improvements accordingly. These power poles may need to be relocated depending on design
requirements, location, etc.
7. All utilities shall comply with PMC 12.36.050(2), as applicable.
8. Any existing water rights associated with the subject property shall be transferred to the City as a
condition of approval. If no water rights are available, the property owner, in accordance with PMC
21.05.120, shall pay to the City, in lieu thereof, a water rights acquisition fee as established in the
City Fee Summary Ordinance as identified in PMC 3.35.
9. Only City of Pasco and other authorized utilities with franchise agreements are allowed in the public
right of -way.
10. It shall be the responsibility of the property owner/developer to contact all utility owners to determine
their system improvement requirements. Prior to subdivision construction plan submittal and/or
review, the property owner/developer shall provide the City of Pasco written support/approval of the
proposed development from all outside utilities, public and private.
11. All fee payments for bonding of Right -Of -Way improvements and Water Rights must be paid at or
before the time of final plat being submitted for signatures.
12. Street lighting will be required per City standards.
13. The pedestrian access easements shown shall be dedicated as public right-of-way in accordance with
PMC 21.15.100 and improved with a hard -surfaced, ADA-compliant path that is adequately
illuminated.
14. In accordance with PMC 21.15.100, each pedestrian and bicycle accessway that intersects a
neighborhood collector or local access street shall include a complete mid -block pedestrian crossing.
Offsite improvements may be required to ensure the crossing is complete and includes a code -
compliant, ADA-accessible receiving ramp.
15. Pursuant to PMC 21.35.090 the face of the final plat shall include this statement: "The developer shall
install a common "Estate" type fence/wall six feet in height along Burns Road and as part of the
infrastructure improvements associated with the plat. The fence/wall must be constructed of masonry
block. Fence design and material must be approved by the Community and Economic Development
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Director. An approved vision triangle at the intersection of streets will be required. Following
construction of the masonry fence/wall, the City may make repairs or replace the fencing as needed.
Property owners adjoining said fence shall be responsible for payment of all costs associated with
maintenance and upkeep of the fence/wall."
16. The developer or builder shall pay a "common area fee" to the City in accordance with PMC
25.180.060(6) 7 and PMC 3.100 at the time building permits are issued for homes. These funds shall
be deposited into a dedicated account as outlined in PMC 3.100 and used to support the maintenance
of arterial boulevard strips. The City will not assume responsibility for maintaining the landscaping
adjacent to these streets until all applicable fees for each adjoining phase have been collected.
17. Lots fronting Three Rivers Drive shall utilize shared driveways to comply with the minimum 75-foot
spacing requirement for driveways along Neighborhood Collectors, as specified in PMC 21.20.010.
Driveway spacing shall be measured from the edge of adjacent approaches.
18. The final plat shall include a comment stating: "Existing regulations regarding sight distance, fence
height, and setbacks may affect the placement of fences and driveways on any corner lots."
Dated this - 't day of May, 2025
CITY OF PASCO HEARING EXAMINER
ndrew L. Kottkamp
Absent a timely appeal, this Decision is final'
' See Ch. 36.70C RCW (establishing a 21 day appeal period to superior court, and setting forth necessary review
contents, along with filing and service requirements).
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13.2.1. Passage of Ordinance 4668 (May 2023) modifying the City's zoning code and providing
for a Mixed -use zoning option is the primary changed condition allowing the rezone.
Additionally, the City of Pasco has been growing rapidly over the last twenty years, which in
turn has created the need for more diverse types of housing and commercial development.
The properties were changed to a "Mixed Residential and Commercial" classification during
the city's periodic update to the Comprehensive Plan. With that land use classification,
present market conditions/interest, and presence along West Sylvester Street, the proposal
area is ripe for mixed -use development, except for the current zoning designation. The
proposed rezone would allow the site to be developed as intended per the Comprehensive
Plan land use map.
13.3.Facts to justify the change on the basis of advancing the public health, safety and general welfare:
13.3.1. A rezone from Retail Business (C-1) to Mixed -Use (MU) would allow for an increased
supply of housing without putting further pressure on expanding Urban Growth Boundaries.
It would also provide the ability to increase the amount of affordable housing options for
residents in Pasco.
13.3.2. Additionally, Ben Franklin Transit's 22nd Avenue Transit Center is located approximately
.08 miles from the proposed zone change site. There are also newly installed bike lanes
directly off West Sylvester Street. There is a grocery store [SuperMex] located approximately
.09 miles from the area of proposed zone change. It is also located approximately .04 miles
from Rowena Chess Elementary School and approximately .24 miles from Issac Stevens
Middle School, along with it being approximately .61 miles from Pasco High School.
13.3.3. Having transit, school, and grocery options will "...encourage a vibrant and active
neighborhood, promoting both economic growth and enhanced social interaction [Z2025-004
Narrative, Pg.3]."
13A.The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
13.4.1. A change in zoning would be consistent with the comprehensive plan. According to the
table in Pasco Municipal Code (PMC) 25.215.015, the Mixed Residential and Commercial
classification is intended to "Allow a combination of mixed -use residential and commercial
in the same development. Single-family dwellings, patio homes, townhouses, apartments, and
condominiums at a density of 5 [7 units per acre as prescribed in PMC 25.170.070(2)(C)]to
29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks,
service and office uses."
13.4.2. Further, the adjacent property's value and character are not anticipated to be negatively
affected because mixed -use development has been established by City Council as an
appropriate and beneficial use of the site as set out in the City's approved Comprehensive
Plan. The site of the proposed zone change is located near transit, schools, and shopping,
which furthers the viability for changing the zoning to Mixed -Use.
13.4.3. The rezone application is consistent with and meets the intent of the goals and policies of
the Comprehensive Plan.
13.5.The effect on the property owner or owners if the request is not granted:
13.5.1. If the site remains with the current zoning designations the site may remain underutilized,
and the owner will not be able to deliver a mixed -use project that can put ideals related to the
following themes [from the City's Comprehensive Plan- Land Use Policy LU-4-17)] into
action: "smart growth, infll, and compact developments with transit and pedestrian amenities
that promote a healthy community." Applicant also laid out the following negative effects
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within their application narrative; Limited development options, reduced property value,
missed economic opportunities, increased development costs for commercial -only use,
inflexibility to adapt to market trends, and longer timeframe for development [Z2025-004
Narrative, Pg. 4-7].
13.6.The Comprehensive Plan land use designation for the property
13.6.1. The Land Use Element of the Comprehensive Plan designates the lot "Mixed Residential
and Commercial District;" both the current and the proposed zoning district are compatible
with the Comprehensive Plan Land Use designation.
13.7.Such other information as the Hearing Examiner requires
13.7.1. The rezone application is consistent with and meets the intent of the Comprehensive Plan,
and City Council Goals. The opportunity for a mix of residential and retail commercial uses
in this area supports the Land Use Element of the Comprehensive Plan.
14. Public notice of this hearing was sent to property owners within 300 feet of the property and posted in
the Tri-City Herald on 23 April 2025.
15. Applicant wishes to rezone northern portion of parcel 119451320, Pasco, Franklin County, WA from
C-1 (Retail Business District) to MU (Mixed -Use District).
16. Area of proposed zone change is located South of West Sylvester Street near the intersection between
West Sylvester Street and North 20th Avenue.
17. Area of proposed zone change comprises approximately 1.66 acres (72,309.6 square feet).
18. Area of proposed zone change is currently vacant.
19. Area of proposed zone change was annexed into the City in 1971 (Ordinance 1488)
20. Area of proposed zone change was assigned C-1 (Commercial) zoning as part of the 1971 annexation.
21. The 2018-2038 Pasco Comprehensive Plan Land Use Map designates the site for "Mixed Residential
and Commercial Land Use;"
22. At the time of Comprehensive Plan adoption, the City did not have a zoning district to facilitate the
intent of the Mixed Residential and Commercial land use classification.
23. In May of 2023 City Council approved Ordinance 4668 which amended PMC 25.20.010 and Chapter
25.127 replacing the " WD District" with "MU Mixed -Use District,"
24. The Ordinance 4688 Code Amendment allows for Mixed -Use developments citywide, consistent with
the Comprehensive Plan.
25. Area of proposed zone change is located approximately .08 miles from Ben Franklin Transit's 22nd
Avenue Transit Center, there are also bike lines located directly off West Sylvester Street.
26. Area of proposed zone change is located nearby shopping areas, including a grocery store located
approximately .09 miles away.
27. Area of proposed zone change is located approximately .04 miles from Rowena Chess Elementary
School, .24 miles from Issac Stevens Middle school, and approximately .61 miles from Pasco High
School.
28. HEARING EXAMIENER FINDINGS:
28.1.The proposal is in accordance with the goals and policies of the Comprehensive Plan.
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28.1.1. The Land Use Element of the Comprehensive Plan designates the lot "Mixed Residential
and Commercial District." The proposed MU 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 goals/policies from the Comprehensive
Plan:
28.1.2. Land Use Element Goal 4: Increase community accessibility through proper land use
planning.
28.1.2.1. Policy 4-13: Encourage infill and higher density uses within proximity to major
travel corridors and public transportation service areas.
28.1.2.1.1. Proposed zone change is located near a transit center and bike lanes. It is
also located near an intersection of a Minor Arterial (West Sylvester Street) and a
Principal Arterial (North 20th Avenue).
28.1.2.2. Policy 4-C: Encourage the development of walkable communities by increasing
mixed -use (commercial/residential) developments that provide households with
neighborhood and commercial shopping opportunities.
28.1.2.2.1. Proposed zone change is located nearby shopping areas, including a
grocery store. The proposed zone change could also provide the ability to locate
some commercial development on -site, furthering the ability to provide shopping
opportunities within walking distance.
28.1.2.3. Policy 4-F: Support mixed -use, smart growth, infill, and compact developments
with transit and pedestrian amenities that promote a healthy community.
28.1.2.3.1. Mixed -Use Zoning District provides for dwellings at a density of between
5 [7 units per acre as prescribed in PMC 25.127.070(2)(C)] and 29 dwelling units
per acre. There are also schools ranging from elementary to high school located
less than one mile from the site. It is also located near a transit center, with bike
lanes located directly off West Sylvester Street.
28.1.3. Land Use Element Goal 5: Maintain a broad range of residential land use designations to
accommodate a variety of lifestyles and housing opportunities.
28.1.3.1. Policy 5-A: Allow a variety of residential densities throughout the UGA.
28.1.3.1.1. PMC 25.127.020(2) allows for single-family detached, single-family
attached (duplexes and townhouses), and two-family/multiple (family) dwellings.
Purpose statement for the Mixed -Use Zoning District states the intent of the
district is "...to provide a high level of diversity in housing types including
townhouses and flats in mid -rise buildings ranging from two to six stories...
[PMC 25.127.0101."
28.1.3.2. Policy 5-13: Encourage higher residential densities within and adjacent to major
travel corridors, downtown (Central Business District), and Broadmoor.
28.1.3.2.1. Site of proposed zone change is located near an intersection of a Minor
Arterial (West Sylvester Street) and a Principal Arterial (North 20th Avenue).
28.1.4. Land Use Element Goal 6: Encourage distinctive quality community and regional
commercial and industrial developments that support the City's overall development goals.
28.1.4.1. Policy 6-A: Encourage commercial and higher -density residential uses along major
corridors and leverage infrastructure availability.
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28.1.4.1.1. Site of proposed zone change is located near major corridors and has water
and sewer lines located near the project. There are also bike lanes located directly
off West Sylvester Street and is located near a transit center.
28.1.5. Housing Element Goal 1: Encourage housing for all economic segments of the City's
population consistent with the local and regional market.
28.1.5.1. Policy 1-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.
28.1.5.1.1. PMC 25.127.020(2) allows for single-family detached, single-family
attached (duplexes and townhouses), and two-family/multiple (family) dwellings.
Purpose statement for the Mixed -Use Zoning District states the intent of the
district is "...to provide a high level of diversity in housing types including
townhouses and flats in mid -rise buildings ranging from two to six stories...
[PMC 25.127.010]."
28.1.5.2. Policy 1-B: Higher intensity housing should be located near arterials and
neighborhood or community shopping facilities and employment areas.
28.1.5.2.1. Mixed -Use Zoning District provides for dwellings at a density of between
5 [7 units per acre as prescribed in PMC 25.127.070(2)(C)] and 29 dwelling units
per acre. There are also schools ranging from elementary to high school located
within one mile of the site. It is also located near a transit center, with bike lanes
located directly off West Sylvester Street. There are also shopping areas located
nearby, which includes a grocery store.
28.1.6. Housing Element Goal 4: Support efforts to provide affordable housing to meet the needs
of the community.
28.1.6.1. Policy 4-C: Increase housing supply and diversity through appropriate and flexible
development standards.
28.1.6.1.1. Changing the zoning to Mixed -Use will increase the amount of housing
supply and diversity by allowing multi -family housing, along with the potential
of commercial development to service the area.
28.1.7. Economic Development Element Goal 1: Maintain economic development as an important
and ongoing city initiative.
28.1.7.1. Policy 1-F: Support and encourage residential/commercial mixed -use
developments that provide neighborhood shopping and services and promote walkable
neighborhoods.
28.1.7.1.1. Changing the zoning to Mixed -Use will allow for the placement of housing
nearby a shopping center with a grocery store. There is also a transit center and
bike lanes located near the site. Additionally, there are multiple schools ranging
elementary to high school located within one mile of the site. All of those are key
components in the development and promotion of a walkable neighborhood.
28.2.The effect of the proposal on the immediate vicinity will not be materially detrimental.
28.2.1. The proposal will not be materially detrimental on the immediate vicinity. Adjacent parcel
to the north has the same comprehensive plan land use designation as the proposed area, with
surrounding properties having a mixture of commercial and low -density residential
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comprehensive plan land use designations. The MU district's permitted uses would not
produce excessive noise, air, or other forms of pollution detrimental to nearby land uses.
28.2.2. The "Mixed Residential and Commercial District" designation allows for a mixture of
residential, commercial, and neighborhood retail/office uses. Area of the proposed zone
change is located near a Ben Franklin Transit center, bike lanes, and existing shopping
centers. There is also a nearby manufactured home park and apartment complexes.
28.2.3. The application for rezone is consistent with the Comprehensive Plan Land Use Element
and meets the intent of the Goals and Policies for the property.
28.3.There is merit and value in the proposal for the community as a whole.
28.3.1. 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. In addition to fulfilling the
goals and policies of the Comprehensive Plan, the proposal includes infill development and
promotes a healthy and robust mixed- use environment.
28A.Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
28.4.1. 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 of a development application, which will
also be subject to review under the State Environmental Policy Act (SEPA).
28.4.2. Nonetheless, staff would like to bring it to the applicant's attention that a sewer main will
likely need to be extended at the time of build to the property. Currently there is no sewer
main running along the section of West Sylvester Road in front of the property. However, any
specific requirements will not be determined until a building permit is submitted to our office.
28.5.A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the
terms and conditions of such an agreement.
28.5.1. 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.
29. An open record public hearing was held, after legal notice, on May 14, 2025
30. Appearing and testifying on behalf of the Applicant was Shane O'Neill. Mr. O'Neill testified that he
was an agent authorized to appear and speak on behalf of the property owner and Applicant. He stated
The request is to rezone 1.66 acres from C-1 to MU.
31. No member of the public testified at the hearing.
32. The following exhibits were admitted into the record:
32.1.Ex. I Staff Report;
32.2.Ex. 2 Remainder of Staff File.
33. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
34. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
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II. RECOMMENDED CONCLUSIONS OF LAW
1. The Hearing Examiner has been granted the authority to render this decision.
2. As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal
Code.
3. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this
reference.
M. RECOMMENDED DECISION
Based on the above Findings of Fact and Conclusions of Law, The Rezoning of application Z 2025-004
is hereby recommended to be APPROVED.
Dated this �1 day of May, 2025
CITY OF PASCO HEARING EXAMINER
Andrew L. Kottkamp
Absent a timely appeal, this Decision is final'
t See Ch. 36.70C RCW (establishing a 21 day appeal period to superior court, and setting forth necessary review
contents, along with filing and service requirements).
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