HomeMy WebLinkAboutZD 2026-003 - decisionCITY OF PASCO
LAND USE HEARING EXAMINER
RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW, AND
(��iX- (2, iJ' Ji RECOMMENDED DECISION
THIS MATTER having come on for hearing hfi-ont of the City of Pasco Hearing Examiner on March 11,
2026, the Heating 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 R4 (High Density Residential) and C-1 (Retail
Business) to Mixed -Use.
3. 15u:�lhie:
February 5, 2026
Application Submitted.
February 13, 2026
-Applicalion Deemed Complete.
February 19, 2026
Application Noticed for Public Hearing to Property Owners within 300
feet.
February 25, 2026
A iceit, ion Noticed for Putic 1-iT cniing to the Tri-C ity Herald.
February 25, 2026
Public 'Hnerving Staff rle,,pmlc
4. 711-123,711n, 7"Y D 72-C-0 7 D.Cdl-�
4.1. Fame] No.- 115392077 (P,4 to Mixed -Use)
4. 1. I.Legal: LOT 23, COLE ESTATES
4.1.2.Property Ska-?a Approximately 1.91 Acres (83,200 square feet)
4.2. Parcel No.: 115392022 (C- I to Mb.(-,:I-Use)
4.2. I.Legal: LOT 10, COLE ESTATES
S
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
Sandifer 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 fi-ont 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 (undevelop-,d) and C-I (existing commercial
building). The applicant is requesting to rezone both parcels to Mixed 1Usi3.
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7.2. Surrounding properties are zoned and developed as follows:
North:
R-4/R-3
Iligh/Medium Density Residential/Multifamily/Single Family
Attached/Detached Homes
East:
C-1
Retail Business/Office/Restaurant
South:
Mixed-Use/C-1
Mixed-Use/Retail Business/Undeveloped
West: I
C-1
Retail/Mini-Sto e
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 determined 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. HistoL- .- 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 R4. 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 effectivc:
12.1.1. Pay-cel No. 113392022 was assigned7 its cu ruse zo,abh; designatioya on June 4, 2007. Pawel
No. 115392077 was assiwaed its cumma zoning desi�;yaalion on October 4, 2021.
12.2. The ch2ngcd conditions, which Era alleged to warrant other oh- additional zoning:
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12.2.1. Since the original zoning designation was established, the surrounding area has
transitioned from 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:
12.11. The proposed i°ezone advances the public health, safety, and general welfare by
implementing the Citys Comprehensive Plan policies for coordinated growth and mixed -use
development. The City of Pasco is required under state law to plat? 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
set -vices, 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 mzone 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 maitrtaining
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 Plan, long-term 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 adjacentproperty 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 properly 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.
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12.6. The Comprehensive Plan lend 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 anct predictable development, c-ahances 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 notic^ for this hearing was published in the Tri-City Herold 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.
IOIB, Richland, Washington. Mr. Gaul testified that he had reviewed the staff report prior to the
hearing; he agreed with the factual representations therein.
IT 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 aTitilities 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.
i 9.2.1. 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
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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 si&mifi ant 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
environtnontal 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 terns 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.
H. RECOMMENDED CONCLUSIONS OF LAW
1. The bearing Examiner has been gmnted the authority to render a recommendation to approve,
approve with modifications and/or conditions, or reject the petition based on its findings and
conclusions. PIMC 25.210.0�C�2).
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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 Plina and Pasco Municipal
Code.
Any Finding of Fact that is inowe cone� ;tJy a CorHusion of Law is hereby incorporated as such by this
fafai7enco.
Based on thic 6-avo F indlings of F'act amd Conclusions of Law, Z 2026-003 is hereby recommended for
Dated this - �O day of March, 2026
CITY OF PASCO HEARING EXAMINER, PRO TEM
Jay D. Eyestone
This recommendation is subject to a timely filed appeal pursuant to PMC 25.210.070.
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