HomeMy WebLinkAbout4713 Ordinance - Ochoa Rezone RS-20 to R-1 (Z 2024-001) NOT RECORDED
Ordinance Rezone Z 2024-001 – Ochoa - 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. 4713
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED ON THE NORTHWEST CORNER OF CASTLE
HOLLY COURT AND ROAD 56, PASCO, FRANKLIN COUNTY,
WASHINGTON, FROM RS-20 (RESIDENTIAL SUBURBAN) TO R-1 (LOW-
DENSITY RESIDENTIAL).
WHEREAS, Juan Ochoa, the Petitioner seeks to rezone Parcel No. 119631060, located at
916 Road 56, 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 March 13, 2024; 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 the 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:
Ordinance Rezone Z 2024-001 – Ochoa - 2
Section 1. 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
RS-20 (Residential Suburban) to R-1 (Low Density Residential) for the real property as shown in
the Exhibit B attached hereto and described as follows:
SHORT PLAT 98-17 LOT 1
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 validi ty 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 15th day of April
2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: Sunday, April 21, 2024
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF )
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)
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RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION Z 2024-001
Ochoa
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
March 13, 2024, 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.PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal: SHORT PLAT 98-17 LOT 1
1.2 General Location: Located on northwest comer of Road 56 and Castle Holly Court in
Pasco, WA.
1.3 Property Size: Approximately 3.34 Acres.
1.4 Request: Rezone 916 Road 56 (Parcel #119-631-060) Rezone from RS-20
(Residential Suburban) to R-1 (Low-Density Residential).
1.5 Owner/Applicant: Juan Ochoa, 916 Road 56, Pasco, WA 99301.
2.ACCESS: The parcel has access on Road 56 and Castle Holly Court.
3.UTILITIES: Municipal water is available in Road 56 and Castle Holly Court, municipal
sewer is located approximately 750 feet to the south at the intersection of Road 56 and W
Sylvester Street.
4.LAND USE AND ZONING: The site is zoned RS-20 (Residential Suburban) and is
developed with a single-family dwelling unit and various accessory structures. Surrounding
properties are zoned and developed as follows:
NORTH: RS-20 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLINGS
EAST: RS-20 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLINGS
SOUTH: RS-20 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLINGS
WEST: RS-20 LOW DENSITY RESIDENTIAL/SINGLE FAMILY DWELLINGS
5.COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates this site as
"Low Density Residential." The Low-Density Residential designation is described as a
variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be
assigned RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 designations. Per Pasco Municipal
Code (PMC) 25.215.015, maximum gross density of any proposed development within any
zoning district, expressed as dwelling units per acre, shall be no less than the corresponding
minimum density expressed in the Comprehensive Plan land use density table, and no greater
Z 2024 001
Ochoa Rezone
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Exhibit A
than the corresponding maximum density expressed in the Comprehensive Plan land use
density table, except as provided in Chapter 25.161 PMC. This rezone request supports
Housing Goal H-1 of the Comprehensive Plan, which encourages housing for all economic
segments of the city's population consistent with the local and regional market. The rezone
request is also in line with Housing Policy H-1-A which encourages the City to allow for a
full range of housing including single family homes, townhouses, condominiums, apartments,
and manufactured housing, accessory dwelling units, zero lot line, planned unit developments
etc.
6.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for th is
project. Based on the State Environmental Policy Act ("SEPA") checklist, Comprehensive
Plan, applicable regulations, and other information, a threshold determination resulting in a
Determination of Non-Significance (DNS) for this project was issued on 22 January 2024,
under WAC 197-11-158.
7.REQUEST: Applicant Juan Ochoa wishes to rezone 916 Road 56 (Parcel 119-631-060) in
Pasco, WA 99301 from RS-20 (Residential Suburban) to R-1 (Low-Density Residential). The
sites comprise approximately 3.34 acres. The underlying Land Use Code is "Low Density
Residential," which specifies 3 to 6 dwelling units (DU) per acre. The proposed rezone does
not include a project action. It is anticipated that should the rezone be approved a subsequent
subdivision project may be submitted for review. This review would include requirements for
the impacts it has on the level of service for parks, transportation, etc. Any subsequent
subdivision proposals would additionally be required to adhere to Pasco Municipal Code,
including provisions such as connectivity and residential design standards.
8.IDSTORY: The site was annexed into the City in 2013 via Ordinance 4077 and subsequently
assigned the RS-20 (Residential Suburban) zoning designation via Ordinance 4078. The site
contains an existing dwelling and pole building that were constructed around 1976.
9.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:
9.1 The date the existing zone became effective:
9.1.1 The site was assigned RS-20 zoning in 2013 via Ordinance 4078.
9.2 The changed conditions, which are alleged to warrant other or additional zoning:
9.2.1 In 2013 the site was annexed into the City and given the Low-Density
Residential designation, and has remained so since. Since 2013, the City of
Pasco's Comprehensive Plan has been updated to reflect a 3 to 6 dwelling
unit (DU) requirement for the Low Density Residential Land Use Code. It is
not possible to develop to the minimum density requirements without
rezoning to another district allowed in the under Low Density Residential
Land Use. A rezone from RS-20 (Residential Suburban) to R-1 (Low
Density Residential) will allow the property to be developed to density
requirements of Pasco's Comprehensive Plan.
9.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
9.3.1 The Low Density Residential designation allows for RS-20, RS-12, RS-1, R-
1, R-1-A, and R-1-A2 zoning; development with a higher density of dwelling
units per acre will help reduce urban sprawl and increase home ownership.
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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.
9.4 The effect it will have 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 Future
Land Use Map designation for the site which is Low Density Residential.
The proposed land usage matches that of the adjacent properties and have a
positive impact on neighboring properties. The proposed rezone would allow
for development between 3 to 6 dwelling units per acre, a requirement
applicable to both the RS-20 and the R-1 zoning districts but is unobtainable
due to RS-20 minimum lot size requirements. Any subsequent development
actions, such as platting, will be subject to Washington's State
Environmental Policy Act (SEPA) review. This review includes identifying
and mitigating any impacts to the natural and built environment.
9.5 The effect on the property owner or owners if the request is not granted:
9 .5 .1 If this rezone request is not granted, the subject property may be developed
under the development standards for RS-20 zoning. RS-20 zoning does not
allow for development meeting the minimum density requirements in PMC
25.215.015 and the City of Pasco Comprehensive Plan would allow for
development between 3 to 6 dwelling units per acre.
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 Density
Residential." The Low Density Residential designation provides a variety of
residential housing at a density of 3 to 6 dwelling units per acre, and may be
assigned RS-20, RS-12, RS-1, R-1, R-1-A, and R-l-A2 zoning.
9.6.2 Per PMC 25.215.015 maximum gross density of any proposed development
within any zoning district, expressed as dwelling units per acre, shall be no
less than the corresponding minimum density expressed in the Comprehensive Plan land use density table, and no greater than the
corresponding maximum density expressed in the Comprehensive Plan land
use density table, except as provided in Chapter 25.161 PMC.
9. 7 Such other information as the Hearing Examiner requires.
9. 7 .1 The rezone application is consistent with and meets the intent of the
Comprehensive Plan, and City Council Goals.
10.Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on February 28, 2024.
11.An open record public hearing after due legal notice was held March 13, 2024, with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
12. Appearing at the hearing was Juan Ochoa. Mr. Ochoa stated that he was the
Applicant/property owner and that he agreed with the staff report.
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13.The following individual testified as a member of the public:
13.1 Alan Brothers. Mr. Brothers testified as to his concerns regarding what is allowed in
zoning district R-1, particularly concerning courtyard apartments. He would like to
see lower density in this area.
14.The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
15.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
Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact from which to draw those conclusions based upon the criteria listed in PMC 25.210.060. The criteria
are as follows:
1.The Land Use Element of the Comprehensive Plan designates the lot "Low Density
Residential." A change in zoning would be consistent with the comprehensive plan Land Use
Map designation for the site and could further the goals and policies of the Comprehensive
Plan such as:
1.1 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.
1.2 LU-2-B Policy: Facilitate planned growth within the City limits and UGA and
promote infill developments in the City limits through periodic review of growthpatterns and market demand within each of the City's land use designations
1.3 LU-5-A Policy: Allow a variety of residential densities throughout the UGA
1.4 LU-2-F Policy: Discourage developments dependent on septic system, and at a
density below the minimum, to sustain an urban level of services.
2.The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 This application for rezone is consistent with the Comprehensive Plan Land Use
Element and meets the intent of the Goals and Policies for the property. A rezone
from RS-20 to a different zoning district would allow the property to be further
developed as the current zoning does allow for development meeting minimum density requirements.
2.2 A development action affecting the site would be subject to the State Environmental
Policy Act (SEPA) and impacts to the natural and built environment, including
neighboring properties, would be considered and mitigated through the SEP A
process.
3.There is merit and value in the proposal for the community as a whole.3 .1 The proposed zoning designation is consistent with the Comprehensive Plan Land
Use Map and the Goals and Policies as adopted by the Pasco City Council. The
proposal includes infill development and promotes the goals of the Low Density
Residential Land Use Map Designation.
4.Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
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
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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).
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.
5.1 No Concomitant Agreement is considered necessary for this application.
6.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
ID. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL that 916 Road 56 (Parcel 119631060 be rezoned from RS-20
(Residential Suburban) to R-1 (Low-Density Residential.
Dated this /�day ofMarch, 2024.
CITY OF PASCO HEARING EXAMINER
d!io!f:r?
Z 2024 001
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