HomeMy WebLinkAboutZ2025-008 Habitat for Humanity decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
Z2025-008 ) RECOMMENDED DECISION AND
Habitat for Humanity Rezone ) RECOMMENDED CONDITIONS
OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on September
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: Tri-County Partners Habitat for Humanity, 1005 Knight Street, Richland, WA
99352
2. REQUEST: Rezone: Recommendation of R-T (Residential Transition) to R-3 (Medium
Density Residential) and R-T to C-1 (Retail Business).
3. TIMELINE
August 21, 2025
Application Submitted.
August 25, 2025
Application Deemed Complete.
August 25, 2025
Application Noticed for Public Hearing to Property Owners within 300
feet.
August 27, 2025
Application Noticed for Public Hearing to the Tri-City Herald.
September 2, 2025
Public Hearing Staff Report Published
4. BACKGROUND
4.1. PROPERTY DESCRIPTION(S):
4.1.1.Parcel No.: 117530015 (R-T to R-3)
4.1.2.Legal: THAT PORTION OF THE NORTH HALF OF SECTION 16, TOWNSHIP 9 NORTH,
RANGE 29 EAST, W.M., FRANKLIN COUNTY, STATE OF WASHINGTON, LYING
NORTHERLY OF STATE ROUTE 182 AND LYING SOUTHERLY AND WESTERLY OF
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 16;
THENCE SOUTH 89015'46" WEST, 40 FEET ALONG THE NORTH LINE OF SAID
SECTION 16 TO THE WESTERLY MARGIN OF ROAD 76, ALSO BEING THE TRUE
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POINT OF BEGINNING;
THENCE SOUTH 00048'58" WEST, 40 FEET ALONG THE WEST MARGIN OF SAID
ROAD .76 TO THE SOUTH MARGIN OF BURDEN BOULEVARD;
THENCE NORTH 89015'16" EAST, 40 FEET ALONG THE SOUTH MARGIN OF
BURDEN BOULEVARD TO THE EAST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 16;
THENCE NORTH 89015'46" EAST, 168.51 FEET ALONG SAID SOUTH MARGIN;
THENCE SOUTH 00044'18" EAST, 785.50 FEET TO THE NORTHERLY MARGIN OF
SAID STATE ROUTE 182 AND THE TERMINUS OF SAID LINE.
EXCEPTING THEREFROM THE EAST 162.73 FEET THEREOF.
4.1.3.Propea Size: 17.19 acres (748,955.26 square feet)
4.2. Portion of Parcel: 117500118 (R-T to C-1)
4.3. L�gg& The East 162.73 feet of the following described parcel:
4.3.1.THAT PORTION OF THE NORTH HALF OF SECTION 16, TOWNSHIP 9 NORTH,
RANGE 29 EAST, W.M., FRANKLIN COUNTY, STATE OF WASHINGTON, LYING
NORTHERLY OF STATE ROUTE 182 AND LYING SOUTHERLY AND WESTERLY OF
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 16;
THENCE SOUTH 89015'46" WEST, 40 FEET ALONG THE NORTH LINE OF SAID
SECTION 16 TO THE WESTERLY MARGIN OF ROAD 76, ALSO BEING THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 00048'58" WEST, 40 FEET ALONG THE WEST MARGIN OF SAID
ROAD 76 TO THE SOUTH MARGIN OF BURDEN BOULEVARD;
THENCE NORTH 89015'16" EAST, 40 FEET ALONG THE SOUTH MARGIN OF
BURDEN BOULEVARD TO THE EAST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 16;
THENCE NORTH 89015'46" EAST, 168.51 FEET ALONG SAID SOUTH MARGIN;
THENCE SOUTH 00044'18" EAST, 785.50 FEET TO THE NORTHERLY MARGIN OF
SAID STATE ROUTE 182 AND THE TERMINUS OF SAID LINE.
4.3.2.Property Size: 2.81 acres (122,251.48 square feet)
4.3.3.General Location: The site(s) are generally located south of Burden Boulevard, west of Road
68, and north of Interstate 182, in part within the area between the planned Road 76 overpass.
4.3.4.Total Prope . Size: 20 acres.
5. ACCESS: The site(s) will have access from Burden Boulevard.
6. UTILITIES: Municipal water and sewer is available in Burden Boulevard. Municipal sewer is also
available along the south and west side of the site(s).
7. LAND USE AND ZONING: The site(s) are currently zoned R-T, with the applicant requesting a
zoning designation of R-3 for Parcel 117530015 and C-1 for a portion of Parcel 117500118. The
majority of the site(s) remain undeveloped. Surrounding properties are zoned and developed as follows:
7.1. North: C-1/R-4/R-1 Retail Business-Retail/High Density-Townhomes/Low Density -Single
Family Detached
7.2. East: C-1 Retail Business-Retail-Restaurants-Carwash-Dental
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7.3. South: I-182 Interstate
7.4. West: R-1/I-182 Low Density -Single Family Detached/Interstate
8. COMPREHENSIVE PLAN: The City's Comprehensive Plan designates Parcel 117530015 as
Medium Density Residential, which allows for a variety of housing types at a density range of 6 to 20
dwelling units per acre, as outlined in Pasco Municipal Code (PMC) Table 25.215.015. Permitted
zoning options within this designation include R-2 (Medium Density Residential), R-3, R-4 (High
Density Residential), and R-P (Residential Park).
8.1. The Comprehensive Plan designates the applicable portion of Parcel 117500118 as Commercial,
which provides for neighborhood, community, and regional shopping and specialty centers, as well
as business parks, service, and office uses, as outlined in PMC Table 25.215.015. Permitted zoning
options within this designation include O (Office), BP (Business Park), C-1, C-2 (Central
Business), C-3 (General Business), and CR (Commercial Regional).
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 for this proposal.
9.1. Analysis
9. 1. I.Tri-County Partners, on behalf of the Washington State Department of Natural Resources,
with their signed permission, is requesting to rezone Parcel 117530015 from R-T to R-3 and
a portion of Parcel 117500118 from R-T to C-1. Together, the subject site(s) comprise
approximately 20 acres.
9.1.2.Both parcels recently underwent a Boundary Line Adjustment (BLA), resulting in Parcel
117500118 being split -zoned: the majority zoned C-1 (11.68 acres), with a smaller portion —
transferred from Parcel 117530015—retaining an R-T designation.
9.1.3.The existing R-T zoning of Parcel 117530015 and the R-T portion of Parcel 117500118 are
not consistent with the City's Comprehensive Plan. Rezoning as requested would bring both
parcels into conformance with the adopted Comprehensive Plan designations.
9.1.4.This request does not include a project -specific development proposal; therefore, no project
action is under consideration at this time.
9.2. History
9.2.1.The subject site(s) were annexed into the City in 1981 through Ordinance No. 2388 and
subsequently assigned zoning under Resolution No. 1396. As part of that resolution, Parcel
117530015 was designated R-T and has remained zoned R-T to the present day. Parcel
117500118 was designated C 1-D and has also maintained that commercial designation to the
present, notwithstanding subsequent renaming and refinements of the C-1 zoning
classification over the years.
9.3. Rezone Criteria
9.3.1.The initial review criteria for considering a rezone application are explained in PMC.
25.210.030. The criteria are listed below as follows:
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9.3.1.1. The date the existing zone became effective:
9.3.1.1.1. The site(s) were assigned their existing zoning on January 5, 1981,
following annexation through Ordinance No. 2388 and subsequent zoning
designation under Resolution No. 1396.
9.3.1.2. The changed conditions, which are alleged to warrant other or additional
zoning:
9.3.1.2.1. Since 1981, numerous changes have occurred in the surrounding area;
however, the zoning of the site(s) has remained unchanged. To better align with
the Comprehensive Plan and support feasible development, the applicant is
requesting a rezone. The existing R-T designation is intended as a transitional
district and does not permit development consistent with the standards of the
Comprehensive Plan.
9.3.1.3. Facts to justify the change on the basis of advancing the public health, safety
and general welfare:
9.3.1.3.1. The existing zoning designation does not align with the respective land
use designations, which hinders the advancement of public health, safety, and
general welfare. The proposed rezone is consistent with Council -approved
amendments to the Comprehensive Plan, which have already been determined to
be in the public interest and supportive of these objectives.
9.3.1.4. The effect it will have on the value and character of the adjacent property and
the Comprehensive Plan:
9.3.1.4.1. A change in zoning would be consistent with the Comprehensive Plan
Future Land Use Map designation for the site(s). The proposed land uses are
compatible with adjacent properties and are anticipated to support and enhance
the value and character of the surrounding area. The rezone would allow for
Medium Density Residential and Retail Business development. Any future
development actions, including subdivision or commercial construction, will be
subject to review under the Washington State Environmental Policy Act (SEPA)
to ensure identification and mitigation of potential impacts to the natural and built
environment.
9.3.1.5. The effect on the property owner or owners if the request is not granted:
9.3.1.5.1. If the rezone request is not granted, the subject site(s) may only be
developed under the existing R-T zoning, which allows one dwelling unit per five
acres with the potential for one accessory dwelling unit. This would result in the
site(s) being significantly underutilized. Additionally, the split -zoned
configuration combined with the restrictive R-T designation makes it difficult to
feasibly develop the C-1 portion of the property. For example, the R-T district
requires 50-foot setbacks on all sides. Pursuant to PMC 25.175.020(5), where a
lot in a commercial district abuts or adjoins a front, side, or rear yard in a
residential district, any building on the commercial lot must conform to the
setbacks of the adjoining residential district. Applying R-T setbacks to the C-1
portion of the site would substantially limit its development potential, resulting in
a negative effect on the site(s) and surrounding area.
9.3.1.6. The Comprehensive Plan land use designation for the property:
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9.3.1.6.1. The City of Pasco Comprehensive Plan designates the site(s) as Medium
Density Residential -Parcel 117530015 and Commercial -Parcel 117500118.
9.3.1.7. Such other information as the Hearing Examiner requires:
9.3.1.7.1. The rezone application is consistent with and supports the intent of the
Comprehensive Plan and City Council Goals. To conclude this criterion, staff
directs the reader to the applicant's submitted "Attachment A," which provides
additional detail and justification from the applicant's perspective.
10. 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 August 25, 2025, in compliance with this requirement.
11. Pursuant to PMC 25.210.040, Public notice for this hearing was published in the Tri-City Herald on
August 27, 2025, in compliance with this requirement.
12. 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.
13. The requested R-3-Parcel 11753015 and C-1-portion of Parcel 117500118 zoning designation request
is consistent with the Comprehensive Plan and aligns with the designated land use for the subject site(s).
14. The proposal is in accord with the goals and policies of the Comprehensive Plan;
14.1. The Land Use Element of the Comprehensive Plan designates the site(s) as Medium
Density Residential -Parcel 117530015 and Commercial -portion of Parcel 117500118. A change in
zoning would be consistent with the comprehensive plan Land Use Map designation for the site(s)
and could further the goals and policies of the Comprehensive Plan such as:
14.1.1.1. -2-B Policy: Facilitate planned growth within the City limits and UGA and
promote infill developments in the City limits through periodic review of growth
patterns and market demand within each of the City's land use designations. This
infill development is expected to benefit both residential and commercial demand, given
its proximity to existing townhouses and retail, consistent with the character of the
surrounding area.
14.1.1.2. Land Use Policy LU-2-A: Maintain sufficient land designated to
accommodate residential and commercial uses proximate to appropriate
transportation and utility infrastructure. The site(s) will be served by City utility
services and existing transportation infrastructure. Burden Boulevard is fully
developed, and coordination with the future Road 76 overpass will be crucial for the
development of these lots at a later date.
15. The effect of the proposal on the immediate vicinity will be materially detrimental;
15.1. The proposed zoning change is not anticipated to create materially detrimental impacts to
the immediate vicinity. The requested zoning designations are compatible with adjacent residential
and commercial uses and align with the Comprehensive Plan's Medium Density Residential and
Commercial land use designations. Any future development will be required to comply with
applicable City standards —including setbacks, buffering, and traffic mitigation measures —to
ensure impacts on neighboring properties are minimized. Additionally, the existing lots within the
site(s) do not conform to the Comprehensive Plan standards, whereas the proposed zoning would
correct this inconsistency. Accordingly, the request is expected to improve compatibility and
further the City's broader goal of accommodating and managing future growth.
16. There is merit and value in the proposal for the community as a whole;
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16.1. There is merit and value in adhering to the guidance of the Comprehensive Plan when
assigning zoning to properties within the community. The Plan identifies the subject site(s) for
Residential and Commercial uses, and applying the respective zoning designations is consistent
with that direction. Doing so may create opportunities for additional housing and retail businesses,
supporting the community's evolving needs. Furthermore, the proposal promotes planned growth,
facilitates the efficient extension of City infrastructure and services, and contributes to the
availability of mixed -use development to some degree. Collectively, these benefits align with long-
term community goals and enhance overall livability.
17. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal;
17.1. No conditions are necessary as part of this rezone request. The application, as well as any
future development proposals, will be subject to the applicable provisions of the PMC and the City
of Pasco Design and Construction Standards. Any subsequent project actions will be reviewed at
the time of application to evaluate potential significant adverse impacts and will also be subject to
environmental review under SEPA. Accordingly, the imposition of conditions at this stage is not
warranted.
18. A concomitant agreement should be entered into between the City and the petitioner, and, if so,
the terms and conditions of such an agreement.
18.1. A concomitant agreement is not necessary for this proposal. The requested rezonings meet
all applicable City standards and requirements without the need for additional terms or conditions
beyond those already provided in the PMC and adopted development regulations. Additionally,
the planned Road 76 overpass will function as a logical and effective buffer between the Medium
Density Residential and Commercial designations. Accordingly, no further conditions or
commitments are warranted through a concomitant agreement.
19. An open record public hearing was held, after legal notice, on September 10, 2025.
20. Appearing and testifying on behalf of the Applicant was Jet Richardson. Mr. Richardson testified that
he was an agent authorized to appear and speak on behalf of the property owner and Applicant. Mr.
Richardson stated that they agreed with the representations set forth within the staff report.
21. Testifying from the public were the following individuals:
21.1. John Valrela: Mr. Valrela lives in the area and testified as to the existence of wildlife in that
particular field that they want to rezone. He questioned whether the land would be leased or sold
and had concerns with density and traffic. If the property is not sold, then his question related to
whether property taxes will be paid on the property. He mentioned the possibility of an increase in
crime and mentioned drainage problems that already exist in the area roads.
21.2. Nancy Cook: Ms. Cook was speaking for her daughter who lives in the area. She had
concerns regarding traffic issues and the current presence of wildlife. She also thought that any
development would include additional pets being in the area.
22. In response, Mr. Richardson testifying on behalf of the applicant stated that traffic issues would be
addressed with project action applications and that property taxes will be paid by the owner of the
property.
23. The following exhibits were admitted into the record:
23.1. Ex A Staff Report;
23.2. Ex. B Remainder of Planning Staff File.
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24. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
25. 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.
M. RECOMMENDED DECISION
Based on the above Findings of Fact and Conclusions of Law, Z2025-008 is hereby recommended to be
APPROVED.
Dated this )- day of September, 2025
CITY OE PASCO HEARING EXAMINER
"L -/. S' -4t - - - -)
ANDREW L. KOTTKAMP
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