HomeMy WebLinkAbout4792 Ordinance - Arroyo Rezone C-1 to R-1 (Z2025-007)
Ordinance Rezone Z2025-007 - 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. 4792
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED NORTH OF W. CLARK ST., BETWEEN N. 6TH AVE
AND N. 5TH AVE.
WHEREAS, Leticia Marin Arroyo, the Petitioner, seeks to rezone Parcel No. 112054385,
located at 613 W. Clark St., 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 August 13, 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 Hearing Examiner has recommended to approve the rezone, which
findings and recommendation are hereby adopted by the City Council, and the Hearing Examiner
Ordinance Rezone Z2025-007 - 2
Report is hereby incorporated by reference as Exhibit A. And 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 R-1 Low-Density Residential for the
real property as shown in the Exhibit B attached hereto and described as follows:
LOTS 25 & 26, BLOCK 10, GERRY’S ADD
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 6th day of October,
2025.
_____________________________
David Milne
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: Sunday, October 12, 2025
CITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF )RECOMlVIENDED FINDINGS OF
)FACT,RECOMMENDED
Z 2025-007 )CONCLUSIONS OF LAW,AND
Arroyo Rezone )RECOMMENDED DECISION
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on August 13,
2025,the Hearing Examiner having taken evidence hereby submits the following Recommended Findings
of Fact,Recommended Conclusions of Law,and Recommended Decision as follows:
1.APPLICANT:
I.FINDINGS OF FACT
Leticia Marin Arroyo;613 W Clark St;Pasco,WA 99301
2.REQUEST:REZONE:613 W Clark Street Rezone from C—1(Retail Business District)to R—l
(Low-Density Residential)
3,TIMELINE
03 June 2025 ApplicationSubmitted
03 June 2025 ApplicationDeemed Complete
30 July 2025 Notice of Public Hearing (N OPH)sent to Tri—CityHerald,public agencies,and
property owners within 300 ft.
06 August 2025 Agenda Report Published
4.BACKGROUND
4.l.PROPERTY DESCRIPTION:
4.1.1.L_§ga_l:LOTS 25 &26,BLOCK 10,GERRY’S ADD (Parcel 112054385).
4.1 .2.General Location:Said property is located along the north side of West Clark Street.
4.1.3.Proper_ty Size:Approximately .16 acres (7,000.02 square feet)
4.2.ACCESS:The parcel has access from W Clark Street.
4.3.UTILITIES:Municipal water is available off W Clark Street and sewer is available in the
alleyway between West Bonneville Street and West Clark Street.
4.4.LAND USE AND ZONING:The site is zoned C-l (Retail Business District)and has a vacant
shop on the bottom ?oor with a residential home on the top ?oor.Surrounding properties are zoned
as follows:
4.4.1.North:
4.4.2.East:
4.4.3.South:
4.4.4.West:
R—lLow—DensityResidential
C-l Retail Business
R-2 Medium-Density Residential
C—lRetail Business
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Arroyo Rezone
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4.5.Comprehensive Plan:The City of Pasco Comprehensive Plan designates this site as “Low—
Density Residential.”The Low-Density Residential designation accommodates a variety of
residential housing at a density of 3 to 6 dwelling units per acre,and may be assigned R—S—20,R—
S-12,R—S—l,R-l,R-l-A,or R—l—A2zoning.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.
4.6.ENVIRONMENTAL DETERMINATION:The rezone application is exempt from SEPA due
to the project meeting the requirements of WAC 197-11-8009(6)(c).
An open record public hearing was held,after legal notice,on August 13,2025.
Applicant Leticia Marin Arroyo appeared and testi?ed on her own behalf at the hearing.She testi?ed
that she agreed with the factual representations contained in the Staff Report and wished to adopt and
rely upon them.She testi?ed that the subject property is currently an isolated mixed-use development
in its neighborhood.
No member of the public testi?ed at the hearing.
The following exhibits were admitted into the record:
8.1.Ex.A Staff Report;
8.2.Ex.B Remainder of Planning Staff File.
ANALYSIS
9.1.Request:
9.1.1.Applicant Leticia Marin Arroyo wishes to rezone a property located at 613 W Clark Street
(Parcel 112054385)in Pasco,WA 99301 from C-l (Retail Business)to R—l(Low-Density
Residential).The site comprises approximately .16 acres (7,000.02 square feet).
9.1.2.The underlying Land Use Code has recently been amended to “Low-Density Residential,”
which speci?es 3 to 6 dwelling units (DU)per acre.
9.2.History:
9.2.1.The site was platted into lots 25 and 26 back in 1906,as part of the Gerry ’8 Addition to Pasco.
In the time since it was platted,both of those lots have since been aggregated into one parcel.
The property was originally zoned R—2Residential through Ordinance No.435 back in 1938.
The zoning changed to the current zoning of C-1 through Ordinance No.529 in 1941.
9.2.2.There originally was a residential home located that was demolished back in 1989 and was
vacant until the current mixed-use structure was constructed back in 2020 (B18-2887).The
mixed—usestructure itself was approved by a special permit in 2018 (SP2018-004).The
applicant is requesting the zone change to R—l to expand the residential component to the
lower level.This can only be accomplished through a zone change to residential.
9.2.3.The business that was located on the ground level has since closed.
9.3.Public health,safety and general welfare:
9.3.1.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.
22025-007
Arroyo Rezone
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9.4.Effect on the value and character of the adjacent property and the Comprehensive Plan:
9.4.1.A change in zoning would be consistent with the comprehensive plan Land Use Map Low-
Density Residential designation for the site.Accordingto the table in Pasco Municipal Code
(PMC)25 .215.015,the Low-Density Residential classi?cation is intended to accommodate
“[a]Variety of residential housing at a density of 3 to 6 dwelling units per acre,”and allows
for R—S-ZO,R—S-12,R—S-l,R—l,R—l-A,and R—1-A2zoning designations.A move away from
nonconforming uses and toward conforming uses is anticipated to stabilize property values
in and enhance the character of the neighborhood.
9.5.Effect on the property owner or owners if the request is not granted:
9.5.1.1f the property remains with the current C-1 zoning designation,the applicant stated in their
application that it would be dif?cult to maintain the current con?guration of having a business
located on the ground ?oor with residential located above.
9.5.2.1f no business is operated from the ground ?oor of the structure,the space would apparently
remain unused and the property underutilized.
9.6.The Comprehensive Plan land use designation for the property:
9.6.1.The City of Pasco Comprehensive Plan designates this site as “Low—DensityResidential.”
The Low-Density Residential designation accommodates a variety of residential housing at a
density of 3 to 6 dwelling units per acre,and may be assigned R-S-20,R—S—12,R—S-l,R—l,
R-l—A,or R—l-A2zoning.
9.6.2.Per PMC 25.215.015 the 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.
10.Public notice of this hearing was posted in the Tri-City Herald on July 30,2025.
11.ULTIMATE FINDINGS
11.1.The proposal is in accordance with the goals and policies of the Comprehensive Plan.
11.1.1.The Land Use Element of the Comprehensive Plan designates the lot “Low—Density
Residential District.”A change in zoning would be consistent with the comprehensive plan
Land Use Map designation for the site.According to the table in Pasco Municipal Code
(PMC)25.215.015,the Low-Density Residential classi?cation is intended to accommodate
“[a]Variety of residential housing at a density of 3 to 6 dwelling units per acre,”and allows
for R—S-ZO,R—S—12,R—S-l,R—l,R—l—A,and R—l—A2zoning designations.
11.1.2.In changing the zoning to R—l,the property will serve as a buiTer between the increasing
commercial uses to the south and the residential areas to the north.It will further the use of
W Clark St as a buffer between residential and commercial uses as shown in the
Comprehensive Plan Land Use map.These facts support Land Use Goal 2,Policy D:
Encourage the use of buffers or transition zones between the increasing commercial uses to
the south and residential areas to the north.
11.1.3.Changing the zoning to R—1will allow for an increase in the amount of land zoned for
residential use,supporting Land Use Goal 5,Policy A:Allow a variety of residential densities
throughout the UGA.
22025—007
Arroyo Rezone
Page 3 of 4
12.
13.
11.1.4.Changing the zoning to R-l will increase the number of single-family homes within the
local area,supporting Housing Goal 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.
11.2.The effect of the proposal on the immediate vicinity will not be materially detrimental.
11.2.1.The site is near existing single—familyand multi-family dwellings.A move away from
nonconforming uses and toward conforming uses is anticipated to stabilize property values
in and enhance the character of the neighborhood.
11.3.There is merit and value in the proposal for the community as a whole.
11.3.1.The proposed zoning designation is consistent with the Comprehensive Plan Land Use
Map.
11.4.No conditions should be imposed in order to mitigate any signi?cant adverse impacts
from the proposal.
11.4.1.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.Any future development will be evaluated for signi?cant adverse impacts at the
time of a development application,which would likely be subject to review under the State
EnvironmentalPolicy Act (SEPA).
11.5.No Concomitant Agreement is necessary for this application.
The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
recommended decision.
Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
II.RECOMMENDED CONCLUSIONS OF LAW
The Hearing Examiner has been granted the authority to render this recommended decision.
This project is consistent with the Pasco Comprehensive Plan and Pasco Municipal Code.
Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this
reference.
III.RECOMlVIENDED DECISION
Based on the above Findings of Fact and Conclusions of Law,Z 2025-007 is hereby recommended for
APPROVAL.
Dated this Z6 day of August,2025
CITY OF PASCO HEARING EXAMINER,PRO TEM
J“,
J .Eye ne
This recommendation is subject to a timely?led appeal pursuant to PMC 25.210.070
Z2025—007
Arroyo Rezone
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Exhibit B