Loading...
HomeMy WebLinkAboutZD2026-001 - FINAL DECISIONZD2026-001 Goodwin Zoning Determination Page 1 of 5 CITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) ) RECOMMENDED FINDINGS OF FACT, RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION ZD2026-001 ) Goodwin Zoning Determination ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on August 12, 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. Applicants Haven Capital, LLC, 6119 Burden Blvd, Ste C, Pasco, Washington, bring this application to assign R-3 (Medium Density Residential) zoning to the Goodwin Annexation (ANX2026-002). 2. Application Processing Timeline: 2.1. July 6, 2026: Resolution No. 4762 passed to set a date to consider the notice of intent to commence annexation. 2.2. July 20, 2026: Resolution No. 4765 passed to accept the notice of intent to commence annexation proceedings, providing a determination on the boundary to be annexed, whether simultaneous zoning and the assumption of bonded indebtedness will be required. 2.3. July 21, 2026: 60-percent annexation petition was transmitted to the Franklin County Assessor for a determination of sufficiency. 2.4. July 22, 2026: Franklin County Assessor issued determination that annexation petition satisfied statutory valuation requirement. 2.5. July 23, 2026: Notice for open-record public hearing (August 12, 2026) was mailed to property owners in the annexation area, Franklin County, and all property owners within 300 feet of the proposed annexation area. 2.6. July 29 and August 2, 2026: Public notice for open-record public hearing (August 12, 2026) was published in the Tri -City Herald. 2.7. August 5, 2026: Public Hearing Staff Report (Ex. 1) published. 3. Open-Record Public Hearing: 3.1. An open-record public hearing was held on August 12, 2026, before the City of Pasco Hearing Examiner. 3.2. Appearing on behalf of Applicants was Russell Gaul, 400 Columbia Point Drive, Suite 101B, Richland, Washington. Mr. Gaul testified that he had reviewed the Staff Report (Ex. 1) prior to the hearing and did not disagree with the facts represented therein. 3.3. No members of the public testified at the hearing. ZD2026-001 Goodwin Zoning Determination Page 2 of 5 3.4. The following exhibits, all of which were published with the Staff Report on August 5, 2026, were received in evidence: 3.4.1. Ex. 1 Staff Report 3.4.2. Ex. 2 Maps (Overview, Vicinity, Proposed Zoning, Land Use, Comp. Plan) 3.4.3. Ex. 3 Petition for Zone Change 3.4.4. Ex. 4 Notice of Complete Application 3.4.5. Ex. 5 Proof of Public Noticing 3.4.6. Ex. 6 Resolution No. 4762 3.4.7. Ex. 7 Resolution No. 4765 3.4.8. Ex. 8 Validation of Annexation Petition and Submissions to Franklin County Assessor 4. Property Description: 4.1. Legal: That portion of the Northeast Quarter of the Northwest Quarter of Section 18, Township 9 North, Range 29 East, W.M., records of Franklin County, Washington lying Northwesterly of the Northwesterly margin of State Highway SR 182 right of way and Easterly of the following described line: Beginning at a point on the North line of said Section which is 1711.47 feet East, as measured along said North line, from the Northwest corner thereof, said point being the True Point of Beginning; thence South 03°04' East a distance of 654.59 feet to intersect the Northwesterly right of way line of State Highway SR 182 and the terminus of said line EXCEPT Harris Road right of way along the North line thereof. 4.2. Parcel No.: 118180157. 4.3. Location: The subject property is located south of Harris Road, east of Shoreline Road, west of Broadmoor Boulevard, and north of Interstate 182. 4.4. Property Size: 6.19 acres. 4.5. The site is within the City of Pasco’s Urban Growth Boundary. 5. The site will have access from Harris Road. 6. Municipal water and sanitary sewer service are available within Harris Road adjacent to the subject property. 7. The subject property is currently zoned C-1 (Retail Business) under Franklin County jurisdiction. site is largely vacant and contains three unoccupied structures, consisting of two utility buildings and one storage shed. The applicant has indicated the structures will be removed as part of future redevelopment. 8. Surrounding Zoning and Land Uses: North R-T Residential Transition/Vacant/Reclamation Land East R-T/I-182 Residential Transition/City of Pasco-Booster-Pump Station/Interstate 182 South I-182 Interstate 182 West R-3/RS-20 Medium Density Residential/Suburban 0.5 acre (Franklin County) Single- family attached and detached homes ZD2026-001 Goodwin Zoning Determination Page 3 of 5 9. The Broadmoor Master Plan designates the subject property as Medium Density Residential, allowing a range of housing types at densities of 6 to 29 dwelling units per acre1. Within the Broadmoor Overlay District, the implementing zoning districts for this designation are R-2, R-3, and R-4. The requested R- 3 zoning is consistent with the Broadmoor Master Plan and the City's long-range planning for the area. 10. The proposed annexation and zoning determination are categorically exempt from SEPA review pursuant to WAC 197-11-800(6)(c). The proposal is located within the City's Urban Growth Area, is consistent with the Comprehensive Plan and Broadmoor Master Plan, does not require a Comprehensive Plan amendment, and the Broadmoor Master Plan was previously evaluated under SEPA through an Environmental Impact Statement (EIS), which adequately addressed the environmental impacts associated with the proposed zoning. Accordingly, no further SEPA review is required. 11. PMC 25.210.060 Findings: 11.1. The proposal IS in accord with the goals and policies of the Comprehensive Plan. The proposed R-3 zoning is consistent with the sites designation for Medium-Density Residential use under the Broadmoor Master Plan. It supports the City's planned growth by providing opportunities for a range of medium-density residential housing types. It specifically aligns with the following: 11.1.1. Land Use Policy LU-2-A: Maintain sufficient land designated to accommodate residential uses proximate to appropriate transportation and utility infrastructure. The subject property is adjacent to existing City utility infrastructure within the Harris Road right-of- way. Although utility services are available along the property's Harris Road frontage, extending City utility services outside the City limits is generally not feasible. Annexation will allow the efficient extension of City utility services, making the property suitable for residential development consistent with this policy. 11.1.2. Planning Principle 2.1.1 (3): Provide a variety of housing choices with a priority on higher density developments. Harris Road, which fronts the subject property, is largely improved with a paved roadway. Although it does not yet reflect its ultimate design, future development is expected to bring the roadway into conformance with the planned collector street cross-section, including multimodal facilities and utility infrastructure. The requested R-3 zoning will support higher-density residential development consistent with this planning principle. 11.2. The effect of the proposal on the immediate vicinity will NOT be materially detrimental. The requested R-3 zoning is compatible with existing and planned residential development in the vicinity. Future development will be subject to applicable City development standards, including requirements for setbacks, buffering, access, and infrastructure improvements. The property is bounded by Interstate 182 to the south, planned mixed residential-commercial development to the north, and existing and planned residential development to the west, all of which support the proposed zoning designation. 11.3. There IS merit and value in the proposal for the community as a whole. It is consistent with the Broadmoor Master Plan and supports the City's planned growth. The requested R-3 zoning will facilitate the orderly extension of City infrastructure and services, promote development 1 Although the Comprehensive Plan density table (PMC 25.215.015) identifies Medium Density Residential at up to 20 dwelling units per acre, the Broadmoor Overlay District (PMC 25.97.030) provides additional development standards that supersede the underlying regulations where conflicts exist. Accordingly, the Broadmoor Master Plan allows densities of up to 29 dwelling units per acre for Medium Density Residential within the overlay district. ZD2026-001 Goodwin Zoning Determination Page 4 of 5 within the Urban Growth Area, and provide opportunities for additional medium-density housing consistent with the City's long-term planning goals. 11.4. NO conditions need be imposed in order to mitigate any significant adverse impacts from the proposal. No conditions were recommended by Community & Economic Development Staff, nor proposed by any other party. The requested R-3 zoning is consistent with the Broadmoor Master Plan, which includes planning for the transportation network, utility infrastructure, and anticipated residential growth within the area. The Broadmoor Master Plan also evaluated future transportation impacts based on planned development scenarios. Any future development of the property will be subject to applicable City development regulations and permit review, including additional traffic analysis and environmental review, if required, to address potential impacts related to transportation, utilities, environmental resources, and neighborhood compatibility. 11.5. NO concomitant agreement need be entered into between the City and the petitioner. No concomitant agreement was recommended by Community & Economic Development Staff, nor any other party. The proposed zoning is consistent with the Broadmoor Master Plan and applicable City regulations, and no additional terms or conditions are necessary beyond those required through future development review and applicable City codes. 12. The proposed R-3 zoning designation is consistent with the Broadmoor Master Plan and aligns with the designated land use for the subject property. 13. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 14. 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. This proposed zoning is consistent with the Pasco Comprehensive Plan (Broadmoor Master 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, the Hearing Examiner hereby recommends APPROVAL of Zoning Determination Request ZD2026-001 and assignment of R-3 (Medium-Density Residential) zoning to Parcel No. 118180157, owned by Larry D. and Malvina A. Goodwin, consisting of approximately 6.19 acres and comprising the annexation area. ZD2026-001 Goodwin Zoning Determination Page 5 of 5 Dated this 17th day of August, 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.