HomeMy WebLinkAboutZD2025-002 SG Land Management decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
ZD 2025-002 ) CONCLUSIONS OF LAW, AND
SG Land Management, LLC ) 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:
I. RECOMMENDED FINDINGS OF FACT
1. APPLICANTS: Trey Tutt; 10509 E Wiser Pkwy; Kennewick, WA 99338
2. REQUEST: Zoning Determination: Recommendation of R-3 zoning to City Council for SG
Land Management, LLC portion of Annexation (ANX2025-001).
3. TIMELINE:
May 19, 2025 Resolution to set a date to consider the notice of intent to commence annexation.
June 2, 2025 Resolution to accept the notice of intent to commence annexation proceedings,
providing a determination on the boundary to be annexed which includes a portion of
the right-of-way of Burns Road, whether simultaneous zoning and the assumption of
bonded indebtedness will be required.
August 4, 2025 Public Hearing Staff Report Published
4. BACKGROUND:
4.1. PROPERTY DESCRIPTION:
4. 1. I.L2ggL SHORT PLAT 2021-08 LOT 2
4.1.2.Parcel: 126160129
4.1.3.General Location: The subject area is located south of Burns Road and east of Shoreline
Road in Section 12, Township 9N, Range 28 E.W.M.
4.1.4.Property Size: 22 acres.
4.2. ACCESS: The site will have access from Burns Road.
4.3. UTILITIES: Municipal water is available in Burns Road and sewer is currently approximately
900 feet southeast in Sandifur Parkway.
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4.4. LAND USE AND ZONING: The site is currently zoned RS-20 in Franklin County, and the
applicant is requesting R-3 (Medium Density Residential District) in the City of Pasco (City) upon
annexation. The majority of the site is currently used for agricultural purposes. Surrounding
properties are zoned and developed as follows:
4.4.1.North: RS-20 Franklin County Suburban Zone/Single Family Dwelling Units
4.4.2.East: R-T/R-1 Franklin County Residential Transition (Part of this annexation)/Low
Density Residential/Agricultural/Single Family Dwelling Units
4.4.3.South: R-T Franklin County Residential Transition/Agricultural
4.4.4.West: RS-20 Franklin County Suburban Zone/Agricultural/Single Family Dwelling
Units
4.5. BROADMOOR MASTER PLAN: The City's Broadmoor Master Plan designates the site as
Medium Density Residential, which allows for a variety of housing types at a density range of 6 to
29 dwelling units per acre, as outlined in both the Broadmoor Master Plan and Pasco Municipal
Code (PMC) 25.97.055(l)(a) and (b). Within the Broadmoor Master Plan and Overlay District
(PMC 25.97.040), the permitted zoning options include R-2, R-3, and R-4, all of which are subject
to the same maximum density of 29 dwelling units per acre, per PMC 25.97.055(1)(b).
4.5.1.It is important to note that while the Comprehensive Plan density table (PMC 25.215.015)
limits the Medium Density Residential classification to 20 dwelling units per acre, PMC
25.97.030 clarifies that the provisions of the Broadmoor Overlay District apply in addition to
the underlying zoning regulations and take precedence in the event of a conflict.
ENVIRONMENTAL DETERMINATION: The City found this proposal to be exempt from SEPA
review under Washington Administrative Code (WAC) 197-11-800(6)(c) and did not demand further
review. The City's conclusion suggests findings that (i) the site is located in an urban growth area in a
city or county planning under RCW 36.70A.040, (ii) the proposed annexation and zoning determination
is consistent with and does not require 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 zoning determination.
Adjacent Zoning, Comprehensive/Broadmoor Master Plan Designation, and Annexation History
6.1. North: Adjacent properties to the north remain unannexed but are within the Urban Growth Area
(UGA) and designated as Low Density Residential in the City's Comprehensive Plan. These
parcels are primarily developed with single-family homes on half -acre lots.
6.2. East: The neighboring property to the east is included in the proposed annexation area and shares
the same Medium Density Residential land use designation. Further east, properties were annexed
in 1998 via Ordinance No. 3305 and have since been developed with single-family residential
housing. These properties are designated as Low Density Residential in the City's Broadmoor
Master Plan.
6.3. South: Parcel 126160174, located directly south, remains unannexed and is currently in
agricultural use. Further south, however, are annexed properties developed with a concrete batch
plant. The Broadmoor Master Plan designates these southern properties as Mixed
Residential/Commercial and Medium Density Residential.
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6.4. West: Properties west remain unannexed and are designated Mixed Residential/Commercial in the
Broadmoor Master Plan. These properties support a mix of agricultural and single-family
residential uses. Additionally, a parcel southwest of the proposed annexation area is designated for
Open Space/Parks.
7. The site is within the City's Urban Growth Boundary.
8. Pursuant to PMC 25.220.020(1)(a), The City Council accepted the 10 percent petition through
Resolution No. 4606 on June 2, 2025.
9. Pursuant to PMC 25.220.020(b), Public notice for this hearing was published in the Tri-City Herald on
July 30 and August 3, 2025, in compliance with this requirement.
10. Pursuant to PMC 25.220.020(c), public notice was mailed on July 24, 2025, to property owners in the
annexation area, Franklin County and all property owners within 300 feet of the proposed annexation
area.
11. An open record public hearing was held, after legal notice, on August 13, 2025.
12. Appearing and testifying on behalf of the Applicant was Paul Lavrentiev. Mr. Lavrentiev 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 and adopted the representations set forth within the staff report. Mr.
Lavrentiev testified that he had watched the online recording of the July 9, 2025 meeting of the City of
Pasco Hearing Examiner; therefore, he had an opportunity to hear testimony that was given in the
hearing on a separate application on that date, some of which was incorporated into the record in this
matter. Mr. Lavrentiev did not need any further opportunity to review public testimony to prepare
rebuttal.
13. No member of the public appeared to testify in favor of the proposal.
14. The following members of the public appeared and testified in opposition to the proposal:
14.1.
Tony Bachart, 7013 Kohler Rd.;
14.2.
Nathan Grimm, 12103 Blackfoot Dr.;
14.3.
Amanda Wilson, 12114 Blackfoot Dr;
14.4.
Tracy Heidelberg, 12612 Rickey Rd.;
14.5.
Robin Dillsworth, 6204 Road 122;
14.6.
Kay Sparks, 7004 Ricky Rd.;
14.7.
John Klemin, 12016 Norfolk Dr.;
14.8.
Mary O'Day, 12702 Whiskey River Rd.;
14.9.
Pam Halliday, 11712 Quail Run Rd.
15. Eleven (11) written comments were submitted by members of the public and admitted into the record.
All opposed the proposal.
16. The chief concerns that emerged from the public comments received (including oral testimony) were,
in summary:
16.1. Traffic Impact: Overwhelmingly, the comments asserted that Burns Road, which borders
and serves the subject property, is already insufficient in capacity for existing traffic patterns,
attributed to recent residential developments nearby, and would be further overburdened by new
development consistent with the proposed R-3 zoning. Comments asserted that present traffic on
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Burns Road is already unsafe due to congestion, speeds, and poor condition of the roadway. Those
problems, it was said, would be exacerbated if the subject property was to be developed at the
density allowed in the R-3 district. Some asserted that Burns Road could not even be expanded to
accommodate increased traffic as development progressed, citing topographical features as
irreconcilable barriers and noting that the north side of Burns Road would remain outside of City
limits, under County jurisdiction, following annexation.
16.2. Loss of Community Character or Property Value: Many commenters feared a loss of
value to their neighboring properties in the event the subject property is developed at the density
allowed in the R-3 district. Those commenters generally maintained that the unobstructed views
and "rural character" of the area were valuable features of their neighboring properties, which
would be lost if the subject property were developed into denser housing. At least one testified that
they left their former home and moved to the vicinity of the subject property specifically in search
of lower population density and rural atmosphere. Some indicated they reviewed the zoning of the
surrounding area, and even the City's Comprehensive Plan, prior to buying their homes, and in
fact would not have bought their homes had they known property nearby would soon be designated
R-3.
16.3. Increased Crime: Some commenters were concerned that denser housing in the area
would lead to higher crime. This concern was supported by general references to history or data
showing such a pattern, and by local anecdotal example.
16.4. Lack of School Capacity: Amanda Wilson testified that she is the Principal of Columbia
River Elementary School, and that the school is already at full capacity and cannot receive new
students generated by further housing developments in the area. Ms. Wilson expressed specific
concerns about the possibility of apartment complexes and insufficient tax revenues from such
properties. Other commenters shared Ms. Wilson's concern about the lack of school capacity.
17. The following exhibits were admitted into the record:
17.1. Ex. A Staff Report;
17.2. Ex. B Remainder of Planning Staff File;
17.3. Ex. C Compiled Public Comments.
18. 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.
19. 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.
20. FINDINGS ON ULTIMATE ISSUES:
20.1. The proposal is in accord with the goals and policies of the Comprehensive Plan.
20.1.1. The City has experienced significant growth over the past two decades. According to the
Washington State Office of Financial Management, the City's population increased from
32,066 in 2000 to 59,781 in 2010. As of 2022, the estimated population was 80,180, reflecting
a 34% increase since 2010. Projections indicate continued growth, with the population
expected to reach 121,828 by 2038-an increase of approximately 52% from 2022.
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20.1.2. In response to this growth, the Broadmoor Master Plan was developed specifically for the
Broadmoor area to guide future development in a more detailed and coordinated manner than
the City's Comprehensive Plan. The "Broadmoor Vision and Plan" chapter did not alter the
land use designation of the subject site as established in the Comprehensive Plan but did
increase the maximum allowable density from 20 to 29 dwelling units per acre.
20.1.3. The applicant has requested an R-3 zoning designation, which aligns with the site's
Medium -Density Residential land use designation under the Broadmoor Master Plan.
20.1.4. The Vision and Plan outlines a mixed -use, diverse community designed for efficient bike,
pedestrian, and vehicle circulation. This area is expected to support a substantial share of the
City's future growth through a more compact development pattern. The intent of the Medium -
Density Residential designation is to accommodate a range of housing types, including small -
lot single-family homes -both attached and detached -as well as duplexes and multiplexes.
20.1.5. Land Use Policy LU-2-A: Maintain sufficient land designated to accommodate
residential uses proximate to appropriate transportation and utility infrastructure: This
portion of the annexed area will be served by City utility services, with critical coordination
anticipated between this site and the neighboring property included in the annexation. That
neighboring property intends to extend utility infrastructure through a future utility easement,
to be established during subsequent development. If implemented, this extension would
provide a feasible connection to municipal water and sewer services for the subject site.
20.1.6. Planning Principle 2.1.1 (3) Provide a variety of housing choices with a priority on
higher density developments:
20.1.6.1. Burns Road, which fronts the annexed area, is already largely improved with a
paved roadway. While the existing conditions do not yet reflect the ultimate design,
future development is expected to bring the roadway into conformance with the planned
cross-section. The long-term vision for this arterial street includes a 100-foot-wide
right-of-way consisting of a 12-foot multi -use path, a 6.5-foot planter strip or tree wells,
an additional 8.5-foot planting strip, a 6.5-foot buffer, an 11-foot travel lane, a 13-foot
median, another 11-foot travel lane, another 6.5-foot buffer, a 7.5-foot planting strip, a
second 6.5-foot planter strip or tree wells, a 7-foot sidewalk, and underground utilities
where feasible along the edges of the street.
20.1.6.2. Additionally, the Broadmoor Master Plan envisions a future north -south
neighborhood collector road along the western boundary of the subject property. This
planned 80-foot-wide corridor is expected to include sidewalks, a two-way bike path,
landscaped buffers, a center turn lane, and other pedestrian -oriented improvements,
supporting multimodal transportation and enhancing long-term connectivity throughout
the district.
20.2. The effect of the proposal on the immediate vicinity will be materially detrimental.
20.2.1. The proposed zoning change is not anticipated to have a materially detrimental impact on
the surrounding area. Annexation and zoning of the property will be compatible with
neighboring residential uses, whether located within city limits or in unincorporated areas of
the county. The request aligns with the Broadmoor Master Plan's Medium Density Residential
designation, and any future development will be required to meet applicable City
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development standards -including setbacks, buffering, and traffic mitigation -to minimize
impacts on adjacent properties.
20.2.2. While not required at this stage, it is worth noting that the petitioner has not identified the
specific housing type anticipated following annexation. The property to the east shares the
same land use designation and based on its zoning determination application, is anticipated
to develop with single-family detached housing. Land use designations to the south and west -
focusing on the immediate vicinity -comprise a mix of residential and commercial uses.
20.2.3. The area directly north of the site, across Burns Road, lies within the City's Urban Growth
Area but is not part of the Broadmoor planning area. Under current PMC provisions, zoning
districts such as R-S-12, R-S-1, and R-1-which apply to portions of this northern area -allow
for a variety of dwelling types per lot while maintaining a density of 3 to 6 dwelling units per
acre. However, existing lots in this area do not conform to the density standards established
in the Comprehensive Plan. Therefore, the proposed zoning for the subject site is not expected
to create compatibility concerns and is consistent with the City's broader goal of
accommodating and managing future growth.
20.2.4. Findings relevant to public comments:
20.2.4.1. Public comments related to the present traffic burden on Burns Road and feared
future traffic increase were not persuasive to the Hearing Examiner, insofar as
evaluating potential materially detrimental effects of this propose zoning determination.
The Hearing Examiner accepts that those commenters perceive, in good faith, that
traffic on Burns Road is excessive; however, if a problem already exists, it cannot be
attributed to this pending proposal. Moreover, future development that may occur on
the subject property can be expected to coincide with future infrastructure
improvements anticipated under the Broadmoor Master Plan.
20.2.4.2. Public comments related to potential loss of community character or diminished
property values were not persuasive to the Hearing Examiner. In evaluating the potential
for materially detrimental effects on the immediate vicinity, the Hearing Examiner
weighs the objective impact on current and suitable uses of land in the surrounding area
more heavily than the preferences of present landowners —even when many
commenting members of the public share the same preferences. The comments opposed
to this proposal overwhelmingly came from residents —homeowners —in the
surrounding vicinity. There was no evidence that any of the nearby residential properties
would become unusable as family homes. Comments predicting a loss of property
values were speculative, as they presupposed certain types of development on the
subject property, which the Applicant has not indicated are currently planned. Further,
even the most pessimistic projections, taken at face value, indicate that a market for
these nearby homes will remain. The Pasco Municipal Code does not require that zoning
determinations or changes have no adverse impact on surrounding property values.
20.2.4.3. Public comments that voiced fears of increased crime were not persuasive to the
Hearing Examiner, primarily because speculative. Moreover, if increased crime
necessarily follows increased population density, then it is an inevitable result of the
Comprehensive Plan in its totality, not this particular zoning determination.
20.2.4.4. Public comments regarding insufficient capacity in public schools were not
persuasive to the Hearing Examiner. Similar to the issue of traffic, if a problem already
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exists, it cannot be attributed to this pending proposal. Further, the duty to ensure
provision of adequate school facilities rests on other arms of government, and is beyond
the scope of this zoning determination. For purposes of these findings, it is assumed
that over time, the City will build or expand schools to keep pace with population
change. In response to ongoing community growth, Pasco School District # 1 recently
completed a Capital Facilities Plan to guide future school facility needs.
20.3. There is merit and value in the proposal for the community as a whole;
20.3.1. There is merit and value in following the guidance of the Broadmoor Master Plan when
assigning zoning to properties within the community. It is assumed that merit and value for
the community as a whole were considered during the conception and passage of the
Comprehensive Plan and Broadmoor Master Plan. The Plan has indicated that this property
should be zoned Residential. Assigning R-3 zoning aligns with this guidance and will 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.
20.4. No conditions need be imposed in order to mitigate any significant adverse impacts
from the proposal.
20.4.1. No conditions are necessary, as the proposed zoning is consistent with the Broadmoor
Master Plan and surrounding development patterns. Any future development on the site will
be subject to the City's development regulations, which are designed to mitigate potential
adverse impacts related to traffic, infrastructure, environmental protection, and neighborhood
compatibility.
20.4.2. The traffic analysis prepared for the Broadmoor Master Plan evaluated the highest -impact
development scenarios and assessed their traffic characteristics and potential impacts. The
study recommended several mitigation measures at key intersections not associated with I-
182, including:
20.4.2.1. Install a traffic signal at Dent Road / Broadmoor Boulevard and widen each
approach to allow for dedicated left turn lanes.
20.4.2.2. Install a traffic signal at Dent Road / Edelman Road / Broadmoor Boulevard and
widen each approach to allow for dedicated left turn lanes. The eastbound right turn
movement would also benefit from a dedicated right turn lane.
20.4.2.3. Widen the intersection of Sandifur Parkway / Harris Road / Broadmoor Boulevard
for dual northbound left turn lanes, dual southbound left turn lanes, and dual eastbound
right turn lanes. Signal timing will need to include an overlap phase so that eastbound
right turn movements can occur simultaneously with the northbound left turn
movements.
20.4.2.4. Provide a new signalized intersection serving the Broadmoor Area approximately
mid -way between Dent Road / Edelman Road and Dent Road. This access will help
relieve turning movements at other major intersections along Broadmoor Boulevard.
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20.4.3. The analysis also concluded that while a coordinated high -density scenario would result in
more total trips, those trips would be shorter (reduced Vehicle Miles Travelled) and more
likely to remain within the Broadmoor area. Conversely, a moderate -density scenario would
still generate more trips but rely more heavily on regional roadways.
20.4.4. Given these planned system -wide improvements and the fact that no specific development
is currently proposed, no additional conditions are recommended at this time to mitigate
significant adverse impacts.
20.5. No concomitant agreement need be entered into between the City and the petitioner.
20.5.1. A concomitant agreement is not necessary for this proposal. The project, as presented,
meets all applicable City standards and requirements without the need for additional terms or
conditions beyond those already outlined in the zoning and development regulations.
Furthermore, the planned north -south neighborhood collector road -as referenced earlier -will
provide a logical and effective buffer between the Medium Density Residential designation
of the subject property and the Mixed Residential/Commercial land use designation to the
west. As such, no additional conditions or commitments are recommended through a
concomitant agreement.
21. The proposed R-3 zoning designation is consistent with the Broadmoor Master Plan and aligns with the
designated land use for the subject property.
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.
III. RECOMMENDED DECISION
Based on the above Findings of Fact and Conclusions of Law, ZD 2025-002 is hereby recommended for
APPROVAL
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Dated this �� ` day of August, 2025
CITY OF PASCO HEARING EXAMINER, PRO TEM
Jay . Eyestone
This recommendation is subject to a timely filed appeal pursuant to PMC 25.210.070
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