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HomeMy WebLinkAboutZ2026-003 - decision 3.23.26CITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT, RECOMMENDED Z 2026-003 ) CONCLUSIONS OF LAW, AND Elite Investment Group, LLC R4 C-1 to MU ) RECOMMENDED DECISION THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on March 11, 2026, 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. Applicant: Elite Investment Group, LLC, C/o Trini Garibay, 5804 Road 90, Suite A, Pasco, WA 99301 2. Request: Rezone: Recommendation to rezone from R-4 (High Density Residential) and C-1 (Retail Business) to Mixed -Use. 3. Timeline: February 5, 2026 Application Submitted. February 13, 2026 Application Deemed Complete. February 19, 2026 Application Noticed for Public Hearing to Property Owners within 300 feet. February 25, 2026 Application Noticed for Public Hearing to the Tri-CityHerald. February 25, 2026 Public Hearing Staff Report Published 4. PROPERTY DESCRIPTION: 4.1. Parcel No.: 115392077 (R-4 to Mixed -Use) 4.1.1.Legal: LOT 23, COLE ESTATES 4.1.2.Property Size: Approximately 1.91 Acres (83,200 square feet) 4.2. Parcel No.: 115392022 (C-1 to Mixed -Use) 4.2.1.Legal: LOT 10, COLE ESTATES 4.2.2.Property Size: Approximately 2.99 Acres (130,500 square feet) 4.3. General Location: The subject properties are located in Pasco, WA 99301, generally north of Sandifur Parkway, west of Road 90, south of Ruven Street, and east of Road 92. 4.4. Total Property Size: 4.9 acres 5. Access: The sites will have access from Road 90 and Road 92. 6. Utilities: Municipal water and sewer are available on Road 90 and Road 92. 7. Land Use and Zoning: 7.1. The subject properties are currently zoned R-4 (undeveloped) and C-1 (existing commercial building). The applicant is requesting to rezone both parcels to Mixed Use. Z 2026-003 SG Land Management, LLC Page 1 of 6 7.2. Surrounding properties are zoned and developed as follows: North: R-4/R-3 High/Medium Density Residential/Multifamily/Single Family Attached/Detached Homes East: C-1 Retail Business/Office/Restaurant South: Mixed-Use/C-I Mixed-Use/Retail Business/Undeveloped West: C-1 Retail/Mini-Storage 8. COMPREHENSIVE PLAN: 8.1. The City's Comprehensive Plan designates the subject property as Mixed Residential/Commercial. This designation allows for a mix of housing types, nonresidential and commercial uses, neighborhood retail and office uses, parks and recreation areas, and civic uses at a density of 5 to 29 dwelling units per acre, consistent with Pasco Municipal Code (PMC) Table 25.215.015. 8.2. Zoning districts implementing this land use designation include R-1 (Low Density Residential), R-2 (Medium Density Residential), R-3, R-4, C-1, O (Office), and Mixed Use (formerly known as "Waterfront"). 9. Environmental Determination: The City has detennined this proposal to be exempt under Washington Administrative Code 197-11-800 (6) Land use decisions. That determination has not been challenged and is not reviewed in this proceeding. 10. Applicant's Stated Intent: 10.1. While the existing zoning classifications are consistent with the City's Comprehensive Plan designation, the applicant is requesting the Mixed Use district to allow greater flexibility in site design and permitted uses. The Mixed Use zoning district may reduce certain development constraints that could otherwise apply under the current zoning designations. 10.2. Parcel No. 115392022 is currently developed with an existing commercial building and is intended to remain in use; however, inclusion in the Mixed Use district would allow the property to contribute toward overall site density calculations. 10.3. This request is not associated with a specific development proposal; therefore, no project - level action is under review at this time. 11. History: In 1981, the subject properties were annexed into the City under Ordinance No. 2388 and assigned R-T zoning pursuant to Resolution No. 1396. In 2007, the properties were rezoned from R-T to C-1 under Ordinance No. 3833. In 2021, Ordinance No. 4554 rezoned Parcel No. 115392077 from C-1 to R-4. Parcel No. 115392022 has remained zoned C-1 and was developed with a commercial building in 2017 under Building Permit No. B 16-0644. 12. Zoning Petition Requirements: PMC 25.210.030 sets forth the required contents of a zone change petition. The petition received in this case appears to be a fillable form furnished to the applicant by City, the contents of which are similar but do not exactly follow PMC 25.210.030. The staff report, however, provides ample supplementation to the contents of the petition and addresses all the requirements of PMC 25.210.030: 12.1. The date the existing zone became effective: 12.1.1. Parcel No. 115392022 was assigned its current zoning designation on June 4, 2007. Parcel No. 115392077 was assigned its current zoning designation on October 4, 2021. 12.2. The changed conditions, which are alleged to warrant other or additional zoning: Z 2026-003 SG Land Management, LLC Page 2 of 6 12.2.1. Since the original zoning designation was established, the surrounding area has transitioned fi-om primarily low -density development to a more urbanized environment characterized by adjacent development activity, including the development of Parcel No. 115392022 and continued growth on surrounding properties. This evolution in land use patterns represents a material change in circumstances. 12.2.2. The increased development intensity in the vicinity now supports a broader range of land uses and greater density than permitted under the existing zoning. In particular, the addition of Parcel No. 115392022, comprising approximately 2.99 acres, contributes to an overall development pattern that is more consistent with mixed residential and commercial uses. 12.2.3. The requested mixed -use zoning designation better reflects the current character of the area and constitutes an appropriate response to these changed conditions. 12.3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: 12.3.1. The proposed rezone advances the public health, safety, and general welfare by implementing the City' Comprehensive Plan policies for coordinated growth and mixed -use development. The City of Pasco is required tinder state law to plan for and accommodate significant population growth. This rezone supports that obligation by allowing a mix of residential and commercial uses that promote housing diversity, economic vitality, and efficient land use patterns. 12.3.2. By encouraging integrated development, the proposal supports walkability and access to services, which benefits public health. Overall, the rezone furthers orderly growth consistent with the Citys adopted vision and long-term planning objectives. 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 rezone of one residentially zoned lot and one commercially zoned lot to a mixed -use designation is not anticipated to adversely impact the value or character of adjacent properties. The mixed -use zone allows continued residential use while maintaining commercial opportunities, functioning as a transitional designation between residential and commercial development patterns. 12.4.2. The integration of residential and commercial uses within a mixed -use framework promotes compatible, pedestrian -oriented development and supports orderly growth. The proposal is consistent with the Comprehensive Plans long -terns vision for integrated land use patterns and efficient utilization of land. 12.4.3. Accordingly, the rezone is consistent with the Comprehensive Plan and is not expected to negatively affect adjacent property values or neighborhood character. 12.5. The effect on the property owner or owners if the request is not granted: 12.5.1. If the rezone request is denied, the subject property would remain limited to development under the existing zoning classifications. The residentially zoned portion would be restricted to residential uses only, while the commercially zoned portion could pursue mixed -use development solely through a conditional or special permit process, subject to additional review criteria. This would reduce development flexibility, increase regulatory burden, and may limit the owner's ability to develop the sites in a cohesive and economically viable manner Denial would therefore constrain the property's reasonable development potential compared to the proposed mixed -use designation. Z 2026-003 SG Land Management, LLC Page 3 of 6 12.6. The Comprehensive Plan land use designation for the property: 12.6.1. The City of Pasco Comprehensive Plan designates the sites as Mixed Residential/Commercial. 12.7. Such other information as the Hearing Examiner requires: 12.7.1. The proposed rezone is consistent with and implements the Comprehensive Plan by aligning the zoning classification with the City long-range growth policies. The proposal promotes orderly and predictable development, enhances regulatory clarity, and advances the City housing capacity and economic vitality objectives. The rezone also satisfies the requirements of Washington's Growth Management Act by maintaining internal consistency between the Comprehensive Plan and its implementing development regulations. 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 February 19, 2026. 14. Pursuant to PMC 25.210.040, Public notice for this hearing was published in the Tri-City Herald on February 25, 2026. 15. An open record public hearing was held after due legal notice on March 11, 2026 16. Appearing and testifying on behalf of the applicant was Russell Gaul, 400 Columbia Point Dr. Ste. 101 B, Richland, Washington. Mr. Gaul testified that he had reviewed the staff report prior to the hearing; he agreed with the factual representations therein. 17. No members of the public appeared to testify for or against the proposal. 18. The following exhibits were admitted into the record: 18.1. Ex. A Maps 18.2. Ex. B Application 18.3. Ex. C Public Notice 18.4. Ex. D Staff Report 19. PMC 25.210.060 FINDINGS: 19.1. The proposal is in accord with the goals and policies of the Comprehensive Plan. 19.1.1. The Land Use Element of the Comprehensive Plan designates the sites as Mixed Residential/Commercial. The proposed mixed -use rezone is consistent with this Land Use Map designation and advances the goals and policies of the Comprehensive Plan. Specifically, the proposal supports Land Use Policy LU-4(B) through (D), which promote infill and higher -density development in proximity to major travel corridors and public transportation; encourage walkable communities through increased mixed -use development; and designate areas for higher density where utilities and transportation infrastructure allow for efficient use of public capital resources. 19.2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 19.2.1. The sites are located in an area where residential and commercial uses already exist in close proximity. The mixed -use designation allows residential uses to continue while permitting limited commercial activity consistent with surrounding development patterns. 19.2.2. Because the mixed -use zone functions as a transitional designation between residential and commercial areas, it provides compatibility rather than conflict. The range of permitted uses Z 2026-003 SG Land Management, LLC Page 4 of 6 and applicable development standards are intended to mitigate impacts related to scale, intensity, traffic, and site design. 19.2.3. Given the existing context and the regulatory controls that apply to mixed -use development, the proposal is not anticipated to adversely affect the value, use, or character of adjacent properties. 19.3. There is merit and value in the proposal for the community as a whole. 19.3.1. The proposed rezone implements the Comprehensive Plan's designation of the sites as Mixed Residential/Commercial. Applying the mixed -use zoning classification ensures consistency between the City's adopted long-range plan and its development regulations. 19.3.2. The proposal creates opportunities for additional housing and commercial development within the same area, supporting a more efficient and integrated land use pattern. By encouraging mixed -use development, the rezone advances housing availability, promotes economic activity, and supports walkable, connected neighborhoods. 19.3.3. Additionally, the proposal facilitates the efficient use of existing public infrastructure and services, promotes orderly growth, and advances the community's long-term goals related to livability, connectivity, and economic vitality. 19.4. No conditions should be imposed for the mitigation of significant adverse impacts from the proposal. 19.4.1. No conditions are necessary at the rezone stage. The proposed zoning classification establishes a regulatory framework but does not authorize specific development. Any future development of the sites will be subject to the applicable provisions of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. 19.4.2. Subsequent project -level applications will undergo independent review, including environmental review as applicable, to identify and mitigate any potential significant adverse impacts. Because no specific development is proposed at this time and adequate regulatory controls are already in place, the imposition of conditions as part of this rezone is not warranted. 19.5. No concomitant agreement should be entered between the City and the petitioner. 19.5.1. 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. 20. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 21. 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 The Hearing Examiner has been granted the authority to render a recommendation to approve, approve with modifications and/or conditions, or reject the petition based on its findings and conclusions. PMC 25.210.060(2). Z 2026-003 SG Land Management, LLC Page 5 of 6 2. This recommendation shall be forwarded to the City Council at a regular business meeting thereof. PMC 25.210.060(2). 3. The proposed zone change is consistent with the Pasco Comprehensive Plan and Pasco Municipal Code. 4. 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, Z 2026-003 is hereby recommended for APPROVAL. Dated this day of March, 2026 CITY OF PASCO HEARING EXAMINER, PRO TEM J D. Eyestone This recommendation is subject to a timely filed appeal pursuant to PMC 25.210.070. Z 2026-003 SG Land Management, LLC Page 6 of 6