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HomeMy WebLinkAboutZ 2026-004 final decisionCITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND Z2026-004 ) DECISION Haven Capital LLC ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on October 14, 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: Haven Capital, LLC, 6119 Burden Blvd, Ste C, Pasco, WA 99301. 2. Owner: Franklin County PUD No.], 1411 W Clark St, Pasco, WA 99301. 3. Request: Rezone: To rezone from R-T (Residential Transition) to R-1 (Low Density Residential). 4. Timeline: September 9, 2026 Application Submitted. September 30, 2026 Application Deemed Complete. September 30, 2026 Application Noticed for Public Hearing to Property Owners within 300 feet. September 30, 2026 Application Noticed for Public Hearing to the Tri-City Herald. October 7, 2026 Public Hearing Staff Report Published 5 5.1. Parcel No.: 117250038 (R-T to R-1) 5.2. Legal: PTN S2SW4SW4 14-9-29 LY S OF SR182 & N & W OF ARGENT RD 5.3. Property Size: Approximately 6.81 Acres (296,611 square feet) 5.4. General Location: The subject properties are located in Pasco, WA 99301, generally north of W Argent Rd, west of Road 48, south of I-182, and east of Road 52. 6. ACCESS: The site will have access from Chapel Hill Blvd to the northwest and W Argent from the south. 7. UTILITIES: Municipal water and sewer are available in W Argent Rd to the south. 8. ZONING AND LAND USE: The subject property is currently zoned R-T. The applicant is requesting to rezone the parcel to R-1. The parcel currently is the location of a Franklin County Public Utility District electrical substation. Surrounding properties are zoned and developed as follows: 8.1. North: R-1/R-S-1 Interstate highway/ Single family dwellings Z2026-004 Haven Capital LLC Page 1 of 7 8.2. East: C-1 Interstate highway/ Storage facility/ Gas station 8.3. South: Franklin County Single family dwellings 8.4. West: R-15/R-4 Single family dwellings/ Duplexes 9. COMPREHENSIVE PLAN: 9.1. The City's Comprehensive Plan designates the southern portion of subject property as Low Density Residential, and the northern portion of the property as Medium Density Residential. These sections are split by a Franklin County Irrigation District canal. These designations allow for a mix of housing types at a density of 3-6 dwelling units per acre in the Low Density Residential area, and 6-20 dwelling units per acre in the Medium Density Residential area consistent with the Pasco Municipal Code (PMC) Table 25.215.015. 9.2. Zoning districts implementing these land use designations include R-S-12, R S-1, R-1, R-l-A, R- 1-A2, R2, R-3, and R 4. 10. ENVIRONMENTAL REVIEW (SEPA): 10.1. 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 Washington State Environmental Policy Act (SEPA) review is required for this proposal. 11. ANALYSIS• 11.1. Haven Capital, LLC is requesting approval to rezone Parcel No. 117250038 (from R-T to R-1), totaling approximately 6.8 acres. 11.2. The existing zoning classification of Residential Transition is not consistent with the City's Comprehensive Plan designation. The applicant is requesting the R-I zone, which is compatible with the majority of the parcel as depicted in the City's Comprehensive Plan designation. The northern portion of the property is designated Medium Density Residential in the City's Comprehensive Plan, while R 1 is not compatible with the Comprehensive Plan's land use designation for the northern portion of the property the northern area has been developed with an electrical substation that would inhibit most development of the northern portion of the property. 11.3. The R-1 zone would allow for the development of mixed housing options on the southern portion of the property, which is the available area for development as the northern portion of the parcel is occupied by a specially permitted electrical substation. 11.4. Parcel No. 117250038 is currently developed with an existing Franklin County Public Utility District electrical substation (SP1991-028) the substation is intended to remain in use; the remainer of the parcel south of the canal would be developable if rezoned to R-1. 11.5. This request is not associated with a specific development proposal. Therefore, no project - level action is under review at this time. 12. HISTORY: 12.1. In 1977, the subject property was annexed into the City under Ordinance No. 1898 and assigned R-T zoning via the same document. The parcel has retained its zoning classification since its initial annexation in 1977. In 1991, the property underwent the Special Permit process for the Z2026-004 Haven Capital LLC Page 2 of 7 development of an electrical substation, SP1991-028. An electrical substation was then developed on the northern portion of the property subject to the conditions of SP 1991-028. 13. REVIEW CRITERIA: The initial review criteria for considering a rezone application are explained in PMC. 25.210.030. The criteria are listed below as follows: 13.1. The date the existing zone became effective: 13.1.1. Parcel No. 117250038 was assigned its current zoning designation on December 19, 1977. 13.2. The changed conditions, which are alleged to warrant other or additional zoning: 13.2.1. 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. 11747013 8, which was subdivided in 2018, FP2018-005, into 82 residential lots. Growth continued on surrounding properties within city limits as well as in the properties in Franklin County. This evolution in land use patterns represents a material change in circumstances. 13.2.2. The increased development intensity in the vicinity now supports a broader range of land uses and greater density than permitted under the existing zoning. The existing R-T designation is intended as a transitional district and does not permit development consistent with the standards of the Comprehensive Plan. 13.2.3. The requested R-1 zoning designation better reflects the current character of the area and constitutes an appropriate response to these changed conditions. 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's Comprehensive Plan policies for coordinated growth and development. The City of Pasco is required under state law to plan for and accommodate significant population growth. This rezone supports that obligation by allowing a mix of residential uses that promote housing diversity, housing density, and efficient land use patterns. 13.3.2. The portion of the property currently designated as medium density residential by the City's Comprehensive Plan is the location of the Franklin County Public Utility District's electrical substation, the portion of the property north of the canal. This area of the parcel seems highly unlikely to develop due to its proximity to the electrical substation, which occupies a significant portion of the northern area of the parcel. 13.3.3. By encouraging this residential development, the proposal supports infill development, and increased housing variety which benefits by expanding the potential housing stock while requiring little extra infrastructure improvements. Overall, the rezone furthers orderly growth consistent with the City's 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 to a different residential designation is not anticipated to adversely impact the value or character of adjacent properties. The R-1 zone allows continued residential use while allowing for densification of property already served by city services, matching residential development patterns in the surrounding area. 13.4.2. The integration of residential designation supports orderly growth, infill development, and development that utilizes existing utilities and transportation infrastructure. The proposal is Z2026-004 Haven Capital LLC Page 3 of 7 consistent with the Comprehensive Plan's long-term vision for integrated land use patterns and efficient utilization of land. 13.4.3. Accordingly, 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: 13.5.1. If the rezone request is denied, the subject property would remain limited to development under the existing zoning classifications. The parcel would be restricted to develop within the Residential Transition designation standards of one dwelling unit per 5 acres. This would reduce development flexibility, increase regulatory burden, and may limit the owner's ability to develop the site in a cohesive and economically viable manner. Denial would therefore constrain the property's reasonable development potential compared to the proposed low density residential designation. 13.6. The Comprehensive Plan land use designation for the property: 13.6.1. The City of Pasco Comprehensive Plan designates the site as Low Density Residential, and Medium Density Residential. R-1 is consistent with he Comprehensive Plan designation. 13.7. Such other information as the Hearing Examiner requires: 13.7.1. The proposed rezone is more consistent with and better implements the Comprehensive Plan by aligning the zoning classification with the City's long-range growth policies. The proposal promotes orderly and predictable development, enhances regulatory clarity, and advances the City's housing capacity and land use 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. 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 September 30, 2026, in compliance with this requirement. 15. Pursuant to PMC 25.210.040, Public notice for this hearing was published in the Tri-City Herald on September 30, 2026, in compliance with this requirement. 16. 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. 17. The northern portion of the property has been developed with an electrical substation making that portion of the property highly unlikely to develop. 18. The requested low density zoning designation request is consistent with the Comprehensive Plan for the southern portion of the parcel and aligns with the designated land use for southern portion of the subject site. 19. Following the conclusion of an open record hearing on a property rezone petition, the Hearing Examiner recommends the following Findings of Fact and Conclusions of Law based on the record, determining whether: 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 site as Low Density Residential and Medium Density Residential. The proposed R-1 rezone is consistent with the Low Density Residential Land Use Map designation, the designation applies to the majority of the developable portion of the parcel. The portion of the parcel designated as Medium Density Residential has been developed with an electrical substation which makes the further development of that portion of the parcel highly unlikely. Rezoning the parcel to R-1 advances Z2026-004 Haven Capital LLC Page 4 of 7 the goals and policies of the Comprehensive Plan. Specifically, the proposal supports Land Use Goal LU-4, as well as Land Use Policy LU-4(B), and LU-4(D) which promote increased community accessibility through proper land use planning; infill and higher -density development in proximity to major travel corridors and public transportation; 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 be materially detrimental; 19.2.1. The proposed rezone is not expected to be materially detrimental to properties in the immediate vicinity. The site is located in an area where residential uses already exist in proximity. The low -density residential designation allows residential uses to continue while aligning the parcel with surrounding development patterns. 19.2.2. The immediate vicinity has been developed with a variety of residential dwelling types, the rezone would be consistent with the pattern of development in the surrounding area by permitting a range of dwelling types and the applicable development standards are intended to mitigate impacts related to scale, intensity, and traffic. 19.2.3. Given the existing context and the regulatory controls that apply to residential 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. 19.3. There is merit and value in the proposal for the community as a whole; 19.3.1. There is merit and value in the proposed rezone because it implements the Comprehensive Plan's designation of the site as Low Density Residential. Applying the low -density residential 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 within the same area, supporting a more efficient and integrated land use pattern. By encouraging low density residential development, the rezone advances housing availability, community accessibility through proper land use planning, and supports infill development where utilities and transportation infrastructure allow for efficient use of public capital resources. 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. For these reasons, the rezone provides clear merit and value to the community as a whole. 19.4. Conditions should be imposed in order to mitigate any 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 site 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. Z2026-004 Haven Capital LLC Page 5 of 7 19.5. A concomitant agreement should be entered into between the City and the petitioner, and, if so, the terms and conditions of such an agreement. 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. Accordingly, no further commitments or agreements are required. 20. An open record public hearing was held, after legal notice, on October 14, 2026. 21. Appearing and testifying on behalf of the Applicant was Caleb Stromstad. Mr. Stromstad testified that he is an agent of the applicant and was authorized to appear and testify on their behalf. He indicated that he had reviewed the staff report and agreed with all the representations contained therein. 22. No member of the public testified at the hearing. 23. The following exhibits were admitted into the record: 23.1. Ex. 1 Staff Report 23.2. Ex. 2 Application materials 23.3. Ex.3 Comments 23.4. Ex. 4 SEPA documents 23.5. Ex. 5 Noticing document 23.6. Ex. 6 Julie Willingham comment dated 10-8-2026 23.7. Ex. 7 Steve and Annette White comment dated 10-14-2026 23.8. Ex. 8 Jason Christy comment 23.9. Ex. 9 Remainder of the planning staff file 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. H. RECOMMENDED CONCLUSIONS OF LAW 1. The Hearing Examiner has been granted the authority to render this recommended decision. 2. 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. III. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Recommended Conclusions of Law, Z2026-004 is hereby recommended to the Pasco City Council to be APPROVED. Z2026-004 Haven Capital LLC Page 6 of 7 Dated this day of October, 2026 CITY OF PASCO HEARING EXAMINER ANDREW L. KOTTKAMP Z2026-004 Haven Capital LLC Page 7 of 7