HomeMy WebLinkAboutZ2025-004 Diaz Rezone decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) RECOMMENED FINDINGS OF
FACT, RECOMMENDED
Z 2025-004 ) CONCLUSIONS OF LAW, AND
Diaz Rezone ) RECOMMENDED DECISION
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 Recommended Findings
of Fact, Recommended Conclusions of Law, and Recommended Decision as follows:
I. RECOMMENDED FINDINGS OF FACT
1. APPLICANT: Shane O'Neill of Clover Planning & Zoning, on behalf of Jesus Higareda Diaz; 6904
Rogue Drive; Pasco WA 99301
2. REQUEST: Rezone: Diaz Rezone from C-1 (Retail Business District) to MU (Mixed -Use District)
3. TIMELINE:
3.1. 17 March 2025 Application Submitted
3.2. 18 March 2025 Application Deemed Complete
3.3. 07 April 2025 Notice of Application with Optional SEPA Determination of Non -
Significance (NOA/ODNS) dated April 07, 2025, was posted on the City of Pasco and mailed to
properties within 300 feet of subject property.
3.4. 07 April 2025 NOA/ODNS posted on -site on subject property, published in Tri-City
Herald Newspaper, and posted on SEPA Register website.
3.5. 22 April 2025 Public Comment received from Colville Confederated Tribes (CCT)
3.6. 23 April 2025 Notice of Public Hearing for Z2025-004 scheduled for May 14, 2025, was posted
on the City of Pasco website, published in the Tri-City Herald Newspaper, and mailed to properties
within 300 feet of proposed rezone.
3.7. 25 April 2025 SEPA Mitigated Determination of Non -Significance issued for
SEPA2025-012 posted on SEPA register.
3.8. 05 May 2025 SEPA Mitigated Determination of Non -Significance for SEPA2025-012
distributed to Parties of Record.
3.9. 07 May 2025 Public Hearing Staff Report Published
4. PROPERTY DESCRIPTION:
4.1. Legal: 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, R (Northern part of Parcel 119451320).
4.2. General Location: South of West Sylvester Street and West of North 20th Avenue, Pasco, Franklin
County, WA.
Z 2025-004
Diaz Rezone
Page 1 of 8
4.3. Property Size: Northern area of parcel subject to zone change is approximately 1.66 acres in size
(72,309.6 square feet).
5. ACCESS: Area of parcel being rezoned has access to West Sylvester Street.
6. UTILITIES: Property is currently not being served by municipal water and sewer.
7. LAND USE AND ZONING: The site is zoned C-1 (Retail Business District) and is vacant.
Surrounding properties are zoned as follows:
7.1. NORTH: C-1 Retail Business
7.2. EAST: C-1, C-3 Retail Business, General Business
7.3. SOUTH: R-1-A2 Low -Density Residential Alternative
7.4. WEST: C-1 Retail Business
COMPREHENSIVE PLAN: The Comprehensive Plan designates the section of the parcel under
consideration of zone change as "Mixed Residential and Commercial." The Mixed Residential and
Commercial designation allows for R-1 through R-4, C-1, 0, and MU zoning; development may be a
combination of mixed -use residential and commercial in the same development, including single-
family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29
dwelling units per acre, as well as neighborhood shopping and specialty centers, business parks, service
and office uses.
9. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.
Based on the State Environmental Policy Act ("SEPA") checklist, Comprehensive Plan, applicable
regulations, and other information, a threshold determination resulting in a Mitigated Determination of
Non -Significance (MDNS) was issued for this project on 25 April 2025, under WAC 197-11-355.
10. REQUEST: Shane O'Neill of Clover Planning & Zoning, on behalf of Jesus Higareda Diaz has
submitted a rezone application (Z 2024-005) from C-1 (Retail Business District) to MU (Mixed -Use
District), for 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, R (Northern part of Parcel 119451320), located
south of West Sylvester Street and West of North 20th Avenue, Pasco, Franklin County, WA.
11. SITE: The site comprises approximately 1.66 acres (72,309.6 square feet) and is vacant.
12. HISTORY: The site was annexed into the City in 1971 (Ordinance 1488) and was assigned the zoning
of C-1 (Commercial) within the same ordinance. The 2018-2038 Pasco Comprehensive Plan Land Use
Map designates the site for "Mixed Residential and Commercial Land Use;" however, at the time of
Comprehensive Plan adoption, the City did not have a zoning district to facilitate the intent of that
Mixed Residential and Commercial land use classification. In May of 2023 City Council approved
Ordinance 4668, amending the Pasco Municipal Code Section 25.20.010 "Establishment of Zoning
Districts" and Chapter 25.127 "WD Waterfront Development District" replacing the " WD District"
with " MU Mixed -Use District," allowing for Mixed -Use developments citywide, consistent with the
Comprehensive Plan.
13. 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:
13.1.The date the existing zone became effective:
13.1.1. The site was zoned C-1 (Retail Business District) zoning in 1971 (Ordinance 1488).
13.2.The changed conditions, which are alleged to warrant other or additional zoning:
Z 2025-004
Diaz Rezone
Page 2 of 8
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
Z 2025-004
Diaz Rezone
Page 3 of 8
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.
Z 2025-004
Diaz Rezone
Page 4 of 8
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.
Z 2025-004
Diaz Rezone
Page 5 of 8
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
Z 2025-004
Diaz Rezone
Page 6 of 8
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.
Z 2025-004
Diaz Rezone
Page 7 of 8
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).
Z 2025-004
Diaz Rezone
Page 8 of 8