HomeMy WebLinkAboutZD 2024-003 Big Sky Zone decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
ZD 2024-003 ) CONCLUSIONS OF LAW, AND
Big Sky Zone Designation ) RECOMMENDED DECISION
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on June 11,
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. APPLICANTS: Big Sky Developers; C/o Dave Greeno; 5810 Midland Ln, Unit 65; Pasco, WA
99301
2. REQUEST: Zoning Determination: Recommendation of R-1 zoning to City Council for
Wright and Big Sky Developers Glacier Park Annexation (ANX2024-003).
3. TIMELINE
November 18, 2024 Resolution to set a date to consider the notice of intent to commence
annexation.
December 2, 2024 Resolution to accept the notice of intent to commence annexation
proceedings, providing a determination on the boundary to be annexed,
whether simultaneous zoning and the assumption of bonded indebtedness
will be re uired.
June 2, 2025 Public Hearing Staff Report Published
4. PROPERTY DESCRIPTION:
4.1. Legal:
4.1.1. Parcel 115160102:
4.1.2.The East 320.9 feet of the South half of the Southeast quarter of the Southeast quarter, Section
4, Township 9 North, Range 29 East, W.M., Franklin County, Washington.
4.1.3.Comprising approximately 4.99 acres.
4.1.4. Parcel 115160013 :
4.1.5.That portion of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of
Section 4, Township 9 North, Range 29 East, W.M., Franklin County, Washington, described
as follows:
4.1.6.Commencing at the Southeast Coiner of said Section 4; thence North 00°54'30" East along
the East Line of said Southeast Quarter a distance of 679.06 feet to the Southeast Comer of
the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of said Section and
the Tice Point of Beginning; thence leaving said East Line, South 89°35'43" West along the
South Line of said Subdivision a distance of 83.02 feet; thence North 00' 54'30" East along
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a line which is parallel with and 83.00 feet westerly of the East Line of said Subdivision a
distance of 623.32 feet to the beginning of a curve concave to the southwest having a radius
of 25.00 feet; thence northwesterly along the arc of said curve through a central angle of 91
°23'30" a distance of 39.88 feet to a point on a line which is parallel with and 30.00 feet
southerly of the North Line of the Southeast Quarter of the Southeast Quarter of said Section
4; thence North 8991 '00" East along said Parallel Line a distance of 108.64 feet to the East
Line of said Subdivision; thence South 0005413011 West along said East Line a distance of
649.05 feet to the Point of Beginning and the end of this description.
4.1.7.Comprising approximately 1.24 acres (54,009 square feet).
4.2. General Location: In Pasco, Washington, near the northwest corner of Convention Drive and Burns
Road, and south of Kau Trail Road, east of Road 68.
4.3. Property Size: 6.23 acres.
5. ACCESS: The site will have access from Burns Road, Kau Trail Road and Convention Drive.
6. UTILITIES: Municipal water, irrigation, and sewer will be available in Burns Road.
7. LAND USE AND ZONING: The site is currently zoned RS-40 in Franklin County, and the applicant
is requesting R-1 (Low Density Residential District) in the City of Pasco (City). The site is currently
developed with a manufactured home. Surrounding properties are zoned and developed as follows:
7.1. North: RS-40/R-1 Suburban Zone/Low Density Residential/Single Family Dwelling Units
7.2. East: R-3 Medium Density Residential/Single/Multifamily Dwelling Units
7.3. South: R-1 Low Density Residential/Single Family Dwelling Units
7.4. West: RS-40 Suburban Zone/Single Family Dwelling Units
8. COMPREHENSIVE PLAN: The City Comprehensive Plan designates the 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, R-S-1, R-1, R-1-A,
and R-1-A2 zoning designations.
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 SEPA review is required.
10. HEARING EXAMINER ANALYSIS
10.1. Following acceptance of the initial petition, and prior to City Council action on the
annexation through adoption of an ordinance, the Hearing Examiner shall conduct a zoning
determination hearing to recommend an appropriate zoning designation for the annexation area.
10.2. The City Council will be scheduled at a later date to consider adoption of an ordinance
establishing the zoning designation, pending a recommendation from the Hearing Examiner
following the June 2025 meeting. This Council meeting may or may not be held as a public
hearing, at the discretion of the City Council. If the City Council determines that further review is
warranted, a closed -record hearing will be conducted.
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10.3. Concurrent zoning following the passage of the annexation ordinance will support the
feasibility of developing the property into a desirable residential neighborhood.
11. Adjacent Zoning and Annexation History
11.1. Parcels #115130055 and #115130046, located north of the proposed annexation area, were
annexed in December 2022 via Ordinance 4627 and subsequently zoned R-1 through Ordinance
4638 in February 2023.
11.2. To the east, properties were annexed in January 2022 under Ordinance 4574 and zoned R-
1, R-3, R-S-20, and C-1 through Ordinance 4584 in March 2022. The parcels directly adjacent to
the proposed annexation site abut properties zoned R-3 and C-1. The C-1 portion has since been
rezoned to R-3 via Ordinances 4691 and 4715 and is currently being developed with multifamily
residential units.
11.3. To the west, the adjacent properties remain unannexed but are located within the Urban
Growth Area and are designated as Low Density Residential in the Comprehensive Plan. These
parcels have been primarily developed with larger lots and single-family homes.
11.4. To the south, properties were annexed in 1981 by Ordinance 2388, and those to the
southeast were annexed in 2002 under Ordinance 3572. A preliminary plat was recently approved
with conditions for a property directly southwest of the site, across Burns Road. Over time, the
southern area has been developed into established residential neighborhoods.
12. HEARING EXAMEVIER FINDINGS OF FACT
12.1. The site is within the City's Urban Growth Boundary.
12.2. Pursuant to PMC 25.220.020(1)(a), The City Council accepted the 10 percent petition
through Resolution No. 4542 on December 2, 2024.
12.3. Pursuant to PMC 25.220.020(b), Public notice for this hearing was published in the Tri-
City Herald on May 26 and June 1, 2025, in compliance with this requirement.
12.4. Pursuant to PMC 25.220.020(c), public notice was mailed on May 27, 2025, to property
owners in the annexation area and to Franklin County.
12.5. Pursuant to PMC 25.220.020(d), the Hearing Examiner's zoning determination
recommendation must be forwarded to the City Council at or near the time the Council holds a
public hearing on the 60 percent annexation petition. Following the adoption of an ordinance
annexing the property into the City, the Council is required to adopt a separate ordinance to
establish zoning for the annexed area.
12.6. Pursuant to PMC 25.220.030, the establishment of zoning for annexation areas shall be
guided by the land use designations and policies of the Comprehensive Plan.
12.7. The proposed R-1 zoning designation is consistent with the Comprehensive Plan and aligns
with the designated land use for the subject area.
13. DISCUSSION OF CRITERIA FRO ZONING DESIGNATION
13.1. The proposal is in accord with the goals and policies of the Comprehensive Plan;
13.1.1. The applicant has requested, and staff has recommended, R-1 zoning for the site, which is
consistent with the Low -Density Residential land use designation established in the
Comprehensive Plan.
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13.1.2. Land Use Policy LU-2 A: Maintain sufficient land designated to accommodate
residential uses proximate to appropriate transportation and utility infrastructure. The
annexed area will be served by readily available and feasible City infrastructure and utility
services.
13.2. The effect of the proposal on the immediate vicinity will be materially detrimental;
13.2.1. The proposed zoning change is not anticipated to have a materially detrimental effect on
the immediate vicinity. Annexing and zoning the property will be compatible with all
surrounding properties, whether they are already within the city limits or remain part of the
county. The request aligns with the Comprehensive Plans land use designation, and any
future development will be required to meet applicable development standards —such as
setbacks, buffering, and traffic mitigation —which are designed to minimize impacts on
adjacent uses.
13.3. There is merit and value in the proposal for the community as a whole;
13.3.1. There is merit and value in following the guidance of the Comprehensive Plan when
assigning zoning to properties within the community. The Plan has indicated that this
property should be zoned Residential. Assigning R-1 zoning aligns with this guidance and
may lead to additional housing opportunities. Moreover, the proposal supports planned
residential growth, facilitates the efficient extension of City infrastructure and services,
promotes orderly development within the Urban Growth Area, and contributes to the
availability of diverse housing options. These benefits collectively support long-term
community goals and enhance overall livability.
13.4. Conditions should be imposed in order to mitigate any significant adverse impacts
from the proposal;
13.4.1. No conditions are necessary, as the proposed zoning is consistent with the Comprehensive
Plan and surrounding development patterns. Any future development on the site will be
subject to the Citys development regulations, which are designed to mitigate potential
adverse impacts related to traffic, infrastructure, environmental protection, and
neighborhood compatibility. Therefore, no additional conditions are recommended at this
time.
13.5. A concomitant agreement should be entered into between the City and the petitioner,
and, if so, the terms and conditions of such an agreement.
13.5.1. A concomitant agreement is not necessary for this proposal. The project meets all
applicable standards and requirements without the need for additional agreements.
Therefore, no terms or conditions related to such an agreement are recommended.
14. An open record public hearing was held, after legal notice, on June 11, 2025
15. Appearing and testifying on behalf of the Applicant was Peter Harpster. Mr. Harpster testified that he
was an agent authorized to appear and speak on behalf of the property owner and Applicant. He stated
that they agreed with the representations set forth within the staff report. Finally, he indicated that the
strip of property extending to the North is for a future right of way.
16. No member of the public testified at the hearing.
17. The following exhibits were admitted into the record:
17.1. Ex. A Staff Report;
17.2. Ex. B Remainder of Planning Staff File.
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18. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
19. 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
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.
III. RECOMMENDED DECISION
Based on the above Findings of Fact and Conclusions of Law, ZD 2024-003 is hereby recommended for
APPROVAL
Dated this —� day of June, 2025
CITY OF PASCO HEARING EXAMINER
Andrew 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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