HomeMy WebLinkAboutZ 2025-010 Zavala Sosa Rezone DecisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
Z2025-010 ) RECOMMENDED DECISION AND
Zavala Sosa Rezone ) RECOMMENDED CONDITIONS
OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on December
10 2025, the Hearing Examiner having taken evidence hereby submits the following Recommended
Findings of Fact, Recommended Conclusions of Law, Recommended Decision and Recommended
Conditions of Approval as follows:
I. RECOMMENDED FINDINGS OF FACT
1. APPLICANTS: Y E Martin Zavala Sosa, 4012 Yuma Dr., Pasco WA 99301
2. REQUEST: Rezone: Recommendation to rezone C-1 (General Commercial) to R-1 (Low Density
Residential).
3. TIMELINE
3.1. November 4, 2025 Application Submitted.
3.2. November 26, 2025 Application Deemed Complete.
3.3. November 26, 2025 Application Noticed for Public Hearing to Property Owners within 300
feet.
3.4. November 26, 2025 Application Noticed for Public Hearing to the Tri-City Herald.
3.5. December 3, 2025 Public Hearing Staff Report Published
4. PROPERTY DESCRIPTION:
4.1. Parcel No.: 113391027
4.2. Legal. LOTS 4 TO 7, BLOCK 1, HOLT'S ADDITION
4.3. Property Size: Approximately 0.57 acres (24,999.99square feet)
4.4. General Location: The subject property is addressed as 1734 N 5th Ave. Pasco, WA 99301,
generally west of N 5th Ave, south of W Pearl St, north of W Agate St. The proposal is subject to
the provisions of the Pasco Municipal Code.
5. ACCESS: The site will have access from N 5th Ave.
6. UTILITIES: Municipal sewer is available in the alley to the west the subject property. Municipal water
and sewer are available within N 5th Ave. east of the site.
7. LAND USE AND ZONING: The site is currently zoned C-1, and the applicant is requesting a rezone
to R-1. Surrounding properties are zoned and developed as follows:
7.1. North: R-1 Low Density Residential/ Multi -family dwellings
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7.2. East: C-3 General Business/ Washington Department of Transportation facility
7.3. South: R-1 Low Density Residential/ Single Family Homes
7.4. West: R-1 Low Density Residential/ Single Family Homes
8. COMPREHENSIVE PLAN: The City's Comprehensive Plan designates the site as Low Density
Residential, which supports a variety of housing types at a density range of 3 to 6 dwelling units per
acre, as outlined in Pasco Municipal Code (PMC) Table 25.215.015. Permitted zoning designations
within this land use category include R-S-20 (Suburban), R-S-12 (Suburban), R-S-1 (Suburban), R-1,
R-1-A (Low Density Residential Alternate), and R-1-A2 (Low Density Residential Alternate).
9. ENVIRONMENTAL DETERMINATION: The City has determined this proposal to be exempt under
Washington Administrative Code 197-11-800 (6) Land use decisions. (c) Where an exempt project
requires a rezone, the rezone is exempt only if. (i) The project is in an urban growth area in a city or
county planning under RCW 36.70A.040; (ii) The proposed rezone is consistent with and does not
require an amendment to the comprehensive plan; and (iii) The applicable comprehensive plan was
previously subjected to environmental review and analysis through an EIS under the requirements of
this chapter prior to adoption; and the EIS adequately addressed the environmental impacts of the
rezone. No further Washington State Environmental Policy Act (SEPA) review is required for this
proposal.
10. Hearing Examiner Analysis
10.1. Y E Martin Zavala Sosa is requesting to rezone Parcel No. 1133910270 from C-1 to R-l.
The subject site comprises approximately .57 acres.
10.2. The existing C-1 zoning is not consistent with the City's Comprehensive Plan. Approval
of the requested rezone would bring the property into conformance with the adopted
Comprehensive Plan land use designation.
10.3. This rezone request does not include a project -specific development proposal; therefore,
no specific project action is under consideration at this time. However, a Preliminary Plat, SEPA
checklist, and Traffic Impact Analysis (TIA) were submitted concurrently with this application.
The Preliminary Plat will be scheduled for a future Hearing Examiner meeting, once SEPA review
and related requirements are complete.
11. History
11.1. In September 2020, a Non -Project Environmental Impact Statement (EIS) was completed
for the City's Comprehensive Plan. As part of this EIS, the City expanded its Urban Growth Area
(UGA) using "Alternative 3: Recommended Growth Target High Density, Preferred Alternative."
Alternative 3 proposed higher -density land uses through a combination of UGA expansion on the
northern city borders (smaller in area than Alternative 2) and increased infill and redevelopment
at higher densities within the City.
11.2. The subject site was within City limits prior to the adoption of Alternative 3.
11.3. According to the applicant the property was previously occupied by Casa de Avivamiento,
a religious non-profit, that no longer operates from the site.
12. The initial review criteria for considering a rezone application are explained in PMC. 25.210.030. The
criteria are listed below as follows:
12.1. The date the existing zone became effective:
12.1.1. The property has been zoned C-1 since 5/21/1980, the property was annexed into the city
in 3/15/1949 through ordinance #0649.
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12.2. The changed conditions, which are alleged to warrant other or additional zoning:
12.2.1. The applicant states "Pasco's Comprehensive Plan currently allows, and encourages, the
change to rezone this property. Also, the surrounding 3 properties are zoned as the proposed
R-1". Additionally the applicant adds that with the zone change the applicant will be able to
keep the current structure and convert the use to residential housing, thus curbing vandalism
of the property. To better align with the City's Comprehensive Plan and support feasible future
development, the applicant is requesting a rezone from the current C-1 designation. The
existing C-1 zone is intended as a commercial district and does not allow development
consistent with the land use standards and density objectives of the Comprehensive Plan
which designates the property as Low Density Residential.
12.3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
12.3.1. The existing C-1 zoning does not align with the adopted Comprehensive Plan land use
designation, limiting the property's ability to develop in a manner that promotes public health,
safety, and general welfare. The applicant states the property has been vacant for three years
and has been vandalized, as a result of the vacancy.
12.3.2. The proposed R-1 zoning would bring the property into conformance with the
Comprehensive Plan, facilitating orderly, efficient residential development that is compatible
with surrounding uses. The rezone would support an appropriate residential density and allow
for appropriate residential uses. Additionally, the proposal is consistent with City Council —
approved Comprehensive Plan amendments, which have been determined to be in the public
interest and supportive of the City's objectives for housing diversity, coordinated growth, and
effective provision of public facilities.
12.4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
12.4.1. The proposed Low Density Residential (R-1) zoning is compatible with surrounding
properties and is expected to support and enhance the value, character, and residential
integrity of the area. By aligning with the Comprehensive Plan's Low Density Residential
designation, the rezone promotes orderly and compatible growth while maintaining the
neighborhood's intended character. Any future development actions, including subdivision or
residential construction, will be subject to review under SEPA to ensure that potential impacts
on the natural and built environment, as well as on adjacent property values, are properly
identified and mitigated.
12.4.2. The proposed zoning change is not anticipated to have a materially detrimental impact on
the surrounding area. The R-1 designation supports residential development that is
compatible with neighboring properties, located to the north, south, and west of the subject
property. Future development will be required to comply with all applicable City development
standards, including setbacks, landscaping, buffering, and traffic mitigation, to minimize
potential impacts on adjacent properties.
12.4.3. The proposed rezone will facilitate development consistent with the Comprehensive Plan
and is expected to maintain the intended low -density residential character of the area while
supporting the City's broader objectives for housing, coordinated growth, and public
infrastructure extension.
12.5. The effect on the property owner or owners if the request is not granted:
12.5.1. If the rezone request is not granted, the subject site would limit the applicant and they state
the building would likely remain vacant. The current C-1 zoning only allows dwelling units
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as a conditional use permit, with specific regulation. Under these standards, the site would
remain vacant as the applicant has stated. The lack of residential housing in an area
surrounded by low density housing is likely to limit the orderly, efficient use of the land. In
addition, development under C-1 zoning would not meet the Comprehensive Plan's
designation of low density residential in the area, further highlighting the inconsistency with
the City's adopted land use policies.
12.6. The Comprehensive Plan land use designation for the property:
12.6.1. The City of Pasco Comprehensive Plan designates the site as Low Density Residential.
12.7. Such other information as the Hearing Examiner requires:
12.7.1. The rezone application is consistent with and supports the intent of the Comprehensive
Plan as well as the City Council's goals. Staff directs the reader to the applicant's submitted
materials for additional perspective on how the proposal addresses the criteria discussed
above, specifically criteria 2 through 5.
13. Pursuant to PMC 25.210.040, Public notice for this hearing was mailed to property owners within 300
feet of the boundaries of the proposal on November 26, 2025, in compliance with this requirement.
14. Pursuant to PMC 25.210.040, Public notice for this hearing was published in the Tri-City Herald on
November 26, 2025, in compliance with this requirement.
15. Pursuant to PMC 25.210.060(2), the Hearing Examiner's rezone recommendation based on its findings
and conclusions must be forwarded to the City Council.
16. The requested R-1 zoning designation request is consistent with the Comprehensive Plan and aligns
with the designated land use for the subject site.
17. Following the conclusion of an open record hearing on a property rezone petition, the Hearing Examiner
shall issue findings and conclusions based on the record, determining whether:
17.1. The proposal is in accord with the goals and policies of the Comprehensive Plan;
17.1.1. The Land Use Element of the Comprehensive Plan designates the site as Low Density
Residential. The proposed R-1 rezone is consistent with the Land Use Map designation and
advances the goals and policies of the Comprehensive Plan. In particular, it supports Land
Use Policy LU-2-A, which emphasizes maintaining sufficient land for residential uses
proximate to appropriate transportation and utility infrastructure. By aligning the zoning with
the Comprehensive Plan designation, the rezone helps ensure orderly, compatible, and
efficient development in the area.
17.2. The effect of the proposal on the immediate vicinity will be materially detrimental;
17.2.1. The proposed zoning change is not anticipated to create materially detrimental impacts to
the immediate vicinity. The requested R-1 designation is compatible with adjacent residential
uses and is consistent with the Comprehensive Plan's Low Density Residential land use
designation. Any future development will be required to comply with all applicable City
standards, including setbacks, landscaping, buffering, and traffic mitigation, ensuring that
potential impacts on neighboring properties are minimized and appropriately managed.
17.3. There is merit and value in the proposal for the community as a whole;
17.3.1. There is merit and value in the proposed rezone in that it aligns with the guidance of the
Comprehensive Plan for the subject site. The Plan identifies the site for Residential use, and
applying the R-1 zoning designation is consistent with that guidance. The rezone will create
opportunities for additional housing, helping to meet the community's evolving residential
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needs. Additionally, the proposal promotes planned and orderly growth, facilitates the
efficient extension of City infrastructure, and supports the long-term goals of the community,
including enhancing livability, connectivity, and service delivery for existing and future
residents.
17.4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal;
17.4.1. No conditions are necessary as part of this rezone request. The application, as well as any
future development, will be subject to the applicable provisions of the PMC and the City of
Pasco Design and Construction Standards. Subsequent project actions, including Preliminary
Plat review, SEPA, and TIA evaluation, will assess potential significant adverse impacts.
Accordingly, the imposition of conditions at this stage is not wan -anted.
17.5. A concomitant agreement should be entered into between the City and the petitioner, and,
if so, the terms and conditions of such an agreement.
17.5.1. A concomitant agreement is not necessary for this proposal. The requested rezoning
complies with all applicable City standards and requirements, and no additional terms or
conditions beyond those already established in the PMC and adopted development
regulations are warranted. Accordingly, no further commitments or agreements are required.
18. An open record public hearing was held, after legal notice, on December 10, 2025.
19. Appearing and testifying on behalf of the Applicant was Y. E. Martin Zavala Sosa. Mr. Zavala Sosa
testified that he was the applicant and property owner. He stated that he reviewed the staff report and
had no objections to any of the representations contained therein.
20. No member of the public testified at this hearing.
21. The following exhibits were admitted into the record:
21.1. Ex A Staff Report;
21.2. Ex. B Remainder of Planning Staff File.
22. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
23. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
H. 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, Z2025-010 is hereby recommended to be
APPROVED.
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Dated this day of December, 2025
CITY OF PASCO HEARING EXAMINER
ANDREW L. KOTTKAMP
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