HomeMy WebLinkAboutZ 2026-001 - decisionIN TIME MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
Z2026-001 ) CONCLUSIONS OF LAW, AND
Elite Investment Group LLC C-1 and R-4 to ) RECOMMENDED DECISION
MU
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:
'. P" COi`ai v P,TDi1CD 'TT D INGS OF 74. A T
Alpipj':(- .;:a': Tlitcy ITnvestri3ont Group, LLC, C/o Trini Garibay, 5804 Road 90, Suite A, Pasco, WA 99301;
2. la -apanenis:
2.1. Dennis Gisi, 5169 ITT ad 6w Sty E, Pasco, WA 99301
2.2. TeiTy, & ! Kare , C.i,?mouy, 2101 N Columbia River Rd, Pasco, WA 99301
3. Request: Rezony fyom C-1 (Retail Business) and R-4 (High Density Residential) to Mixed -Use.
4. Timeline -
January 9, 2026
Application Submitted.
-February 23, 2026
Application Deemed Complete.
February 25, 2026
Application Noticed for Public Hearing to Property Owners within 300
feet.
-February 25, 2026
Application -Noticed for Public Hearing to the Tri-CityHerald.
March 5, 2026
Public Hearing Staff Report Published
5. PROPERTY DESCRIPTION:
5.1. Parcel No.. 116140049 (C-1 to Mixed -Use)
5.1.1.Legal: LOT 2, B1I DDNt G SITE PLAN 2019-03
5.1.2.Property Size: Approximately 2.20 Acres (95,775 square feet)
5.2. Parcel No.: 116140050 (R-4 to Mixed -Use)
5.2.I.Legal: LOT 3, BINDING SITE PLAN 2019-03
5.2.2.Property Size: Approximately 2.49 Acres (108,539 square feet)
5.3. General Location: The subject properties are located in Pasco, WA 99301, generally north of
Wrigl y Dr., west of Road 68, south of Sandifur Pkwy., and east of Road 76.
5.4. Total Property Size: 4.49 acres
6. Access: The sites will have access from Wrigley Dr, and Road 76.
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7. Utilities: Municipal water is available in Wrigley Dz nTnd ' cad 76, and sewer is available in VIrigley
Dr.
8. LAND USE AND ZONING:
8.1. The subject properties are currently zoned C-1 and R-4. The applicant is requesting to re -zone both
parcels to Mixed Use. Both parcels are currently undeveloped.
8.2. Surrounding properties are zoned and developed as follows:
North:
C-1
Retail Business; Fire Station/ Water Tower
East:
C-1
Retail Business; Medical facilities / Restaurant/ Commercial
South:
C-1
Retail Business; Undeveloped/ Medical facilities/ Library
West:
R-1
Low Density Residential; Single Family Dvveffin s
9. COMPREHENSIVE PLAN:
9.1. 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.
9.2. 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").
10. 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.
11. Applicant's Stated Intent:
11.1. Elite Investment Group LLC, on behalf of the landovrners, is requesting approval to rezone
Parcel Nos. 116140049 (from C-1 to Mixed Use) and 1161-110050 (from R-4 to Mixed Use),
totaling approximately 4.49 acres.
11.2. 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.
11.3. The eventual, ou'evelopment proposal is likely to include not only higher density residential
uses but also commercial uses. The intent is to develop both parcels as one mixed use contiguous
site.
12. History:
12.1. In 1981, the subject properties were annexed into the City under Ordinance No. 2388 and
assigned R-T (Residential Transition) zoning; pursuant to Resolution No. 1396.
12.2. In 2003, Ordinance No. 3615 rezoned both parcels from R-T to C-1.
12.3. In 2025, Ordinance No. 4752 rezoned Parcel No. 116140050 from C-i to R-4.
12.4. The Site is undeveloped and is currently bare ground.
13. 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
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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:
13.1. The date the existing zone became effective:
13.1.1. Parcel No. 116140049 was assigned its current zoning designation in 2003. Parcel No.
116140050 was assigned its current zoning designation on January 12, 2025.
13.2. The changed conditions, which are alleged to warrant other or additional zoning:
13.2.1. Since the 2003 zoning designation was established, the surrounding area has transitioned
from low -density residential development and vacant fields to a more urban commercial
environment, consisting of the development of commercial and medical facilities on adjacent
parcels to the east, and south as well as municipal development of afire station to the north.
This evolution in land use patterns represents a material change in circumstances.
13.2.2. Additionally, the advent of a unique mixed -use development concept that takes advantage
of the existing development patterns, requires an adjustment of the zoning designations in
onrler for it to successfully move from concept to reality.
13.2.3. The property proposed for the rezone is located between three roadways classified in the
City of Pasco Transportation Systems Master Plan. Wrigley Dr to the south is classified as a
neighborhood collector, Sandifur Pkwy. to the north is classified as a major collector, and
Road 68 to the east is classified as a minor arterial. As such, a mixed -use development
concept is ideal given the existing transportation system capacity.
13.3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
13.3.1. 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 under state law to plan for and accommodate
significant population growth. This rezone supports that requirement by allowing a mix of
residential and commercial uses that promote housing diversity, economic vitality, and
efficient land use patterns.
13.3.2. By encouraging integrated development, the location of the rezoned parcels would offer
walkable access to commercial and medical services, benefiting any future development of
the property. Overall, the rezone furthers orderly growth consistent with the City adopted
vision and long-term planning objectives.
13.4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
13.4.1. 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 area between residential and
commercial development.
13.4.2. As such, the rezone is consistent with the Comprehensive Plan and is not expected to
negatively affect adjacent property values or neighborhood character.
13.5. The effect on the property owner or owners if the request is not granted:
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13.5.1. 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 development, while the commercially zoned portion could pursue mixed -use
development through the special peFinit process, subject to additional review criteria. This
would reduce development flexibility and may limit the land owner's ability to develop the
site in a contiguous, cohesive and economically viable manner: Denial would hamper the
property's development potential when compared to the proposed mixed -use designation.
13.6. The Comprehensive Plan land use designation for the property:
13.6.1. The City of Pasco Comprehensive Plan designates the sites as Mixed
Residential/Commercial. The proposed Mixed -Use zoning designation is permitted in
accordance with PMC 25.215.015.
13.7. Such other information as the Hearing Examiner requires:
13.7.1. The proposed rezone is consistent with and implements the Comprehensive Plan by
aft—aing the zoning classification with the City long-range growth policies. The proposal
aligns ivith the Ciiy� housing capacity and economic vitality objectives and intrach�ces
flexibilih to td a site to promote development.
13.7.2. The rezm?e satisfies the requirements of Washington s Growth Management Act by
maintaining consistency between the City Comprehensive Plan and zoning districts.
14. 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 25, 2026, in compliance with this requirement.
15. Pursuant to PMC 25.210.040, Public notice for this hearing was published in the Tri-City Herold on
February 25, 2026, in compliance with this requirement.
16. An open record public hearing was held, after legal notice, on March 11, 2026.
17. Appearing and testifying on behalf od the Applicant was Russell Caul, 400 Columbia Point Dr. Ste.
10113, Richland, Washington. Mr. Caul testified that he had reviewed the staff report prior to the
hearing; he agtieed with the kc-wal i-apresentations therein.
13. No members of the puiAic a.) o--, ed to testify for or against the proposal.
19. The following exhibits vie a admilfted into tree record:
19.1. Ex. A Maps
19.2. Ex.13 Application
19.3. Ex. C Public Notice
19.4. Ex. D Staff Report
20. PMC 25.210.060 FINDINGS:
20.1. The proposal is in accord with the gonis and policies of the Comprehensive Plan.
20.1.1. The Land Use Element of the Cornlorehensive plan designates the sites as Mixed
Residential/Commercial. The proposed n ib ed-use rezone is consistent a rid; dais Land Use
Map designation and Comprehensive Plan Goal LU-5 Maintain a broad rangy of residential
land use designations to accommodate a variety of lifestyles and housing, opportunities.
20.1.2. The pmposal supprmgls Policy LU-4-13, encouraging infill and higher density uses within
pro-'-h-nky to r,�a,!oll• travel cousidors and public transportation service areas.
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20.1.3. The proposal supports Policy LU-4-C, encouraging the development of walkable
communities by increasing mixed -use (commercial/residential) developments that provide
households with neighborhood and commercial shopping opportunities.
20.1.4. The proposal supports policy LU-4-D, designating areas for higher density residential
developments where utilities w_,ad transportation facilities enable efficient use of capiwi
resources.
20.1.5. The proposal supports Policy LU-6-A, encouraging commercial and higher -density
residential uses along major corridors and leverage infrastructure availability.
20.2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
20.2.1. The parcels are located in an area where residential and commercial uses already exist in
proximity to each other, divided by a local access road. The mixed -use designation allows for
greater residential development on the site ,»Zane permitting limited commercial activity
consistent with surrounding development pa%aenas.
20.2.2. As a transitional area between residential and commercial districts, the mixed -use zone
provides space for compatible, integrated uses that reduce the sharp separation between the
two. Its range of permitted uses and development standards are designed to lessen impacts
related to building scale, activity intense„ tnau ac, and site design.
20.2.3. Given the levels of development on surrounding properties 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. Therefore, the rezone would not result in a materially
detrimental effect on the immediate vicinity.
20.3. There is merit and value in the proposal for the community as a whole.
20.3.1. The proposed rezone implements the Comprehensive Plan's Mixed Residential/
Commercial designation.
20.3.2. The proposal supports a more efficient and integrated land use pattena, by allowing
opportunities for residential and commercial development within the same area. By
encouraging mixed -use development, the rezone advances housing availability, promotes
economic activity, and supports walkable access to surrounding services.
20A. No conditions should be imposed for the mitigation of significant adverse impacts from
the proposal.
20.4.1. 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.
20.5. 1`\'o concomitant agreement should be enterad between the City and the petitioner.
20.5.1. 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. Accordingly, no further comivaitir,Pnts or agreements are required.
21. Ti,ae City of Pasco Hearin Examiner considered all evidence viitrnin the record in rendering this
decision.
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22. 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 Hey ring Examiaer has been granted the authority to render a recommendation to approve,
approve wilt modifications and/or conditions, or reject the petition based on its fndings and
conclusions. PMC 25.210.060(2).
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 2026-001 is hereby recommended for
APPROVAL.
Dated this ') 0 day of March, 2026
CITY OF PASCO HEARING EXAMINER, PRO TEM
J D. Eyestone
This recommendation is subject to a timely riled appeal pursuant to PMC 25.210.070
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