HomeMy WebLinkAbout09. SEPA2022-038_New Heritage - Comments City of Pasco 03032023 Signed � c;��
���� ��ommunity Development Department
PO Box 293,525 N 3�d Ave, Pasco,WA�9301
P:509.544.3441/F:509.545.349J
March 3, 2023
Attention: Elizabeth Smith, Planner
J-U-B Engineers, Inc.
3611 S. Sintel Canyon Way
Kennewick, Washington 99337
Subject: Draft Environmental Impact Statement for the proposed City of Pasco
Comprehensive Plan Amendment—Jubilee Foundation/New Heritage;
CPA2002-003 & SEPA2022-038
The City of Pasco appreciates the opportunity to review and provide comments on the revised
Draft Environmental Impact Statement prepared for the Jubilee Foundation/New Heritage
Comprehensive Plan Land Use Amendment (CPA2022-003). The intent of this memorandum is
to provide you with questions and clarifications that the City requires to be addressed prior to
the issuance of a Final Environmental Impact Statement. The following is a summary of several
topics that the City does not believe are adequately addressed in the DEIS.This memorandum is
provided to you as part of the City's ongoing obligation to assure that the EIS is sufficient to
discuss and compare the environmental impacts of the proposal and alternatives, rather than
simply a re-description of the proposal and its environmental setting. As the SEPA WACs make
clear, "no matter who participates in the preparation of the EIS, it is the EIS of the lead agency."
WAC 197-11-420(1).
Based on our ongoing review of the scope of the proposal, environmental impacts associated
with the proposal, the proposal's complexity, and the need for additional modifications to the
DEIS, the City (Lead Agency) has determined that issuance of the FEIS will not occur within 60
days of the end of the public comment period. WAC 197-11-460(7).
The memorandum has three primary sections that reference the revised DEIS, lead agency
comments, and next steps.
Comments on Revised Draft Environmental Im act Statement
The City received a revised Draft Environmental Impact Statement on January 3, 2023.
Section 1.4, page 2:
• The section incorrectly references "Broadmoor Urban Growth Area." No FEIS for the
Broadmoor Master Plan has been issued as of 02/01/2023.
• This section states that the DEIS "will also include many. of the Broadmoor impact
mitigation measures." Because no FEIS has yet been issued, it is not possible for this
DEIS to usefully identify mitigation in reliance on Broadmoor mitigation.
o Mitigation measures shall be clearly defined and relevant to the nature of the
alternatives identified for the DEIS. Aside from the above comment, this DEIS
fails to specify what mitigation measures from the Broadmoor environmental
document would be applicable here.
Section 3.3.1, page 11,Schools:
• This section references a potential siting of a future Pasco School District elementary
school.
o Confirm coordination with the Pasco School District, and or, inclusion in the most
recently adopted Capital Facilities Plan for the Pasco School District.
o Explain how and when decisions of the Pasco School District will be coordinated
and integrated into the proposal. What contingencies for environmental review
may or will be affected based on decisions made by the Pasco School District?
How will phasing of the proposal be altered, if at all?
o Identify increased residential units and impacts associated, as stated, in the case
that the Pasco School District does not elect to construct a school on the site.
Section 3.4, page 14:
• This section states that "If the Preferred Alternative is approved, all existing code
requirements would have to be met and any approved mitigation measures identified
under this EIS would have to be implemented. This can include the requirement for a
concomitant agreement to assure future compliance."
o The Pasco Municipal Code restricts the application of concomitant agreements
zone changes only, does not apply to Comprehensive Plan Land Use
Amendments. (PMC 25.210.100(1)).
o The terms of any concomitant agreement could have independent
environmental significance. Explain how the DEIS addresses the likely
environmental significance of a concomitant agreement that does not yet exist.
o What are the specific components or terms of a concomitant agreement that
would be proposed to address impacts of the proposal? Which impacts of the
proposal are proposed to be made a subject of a concomitant agreement?
o Explain how the environmental assessment contained in the DEIS would be
altered if the City and the proponent do not agree on a concomitant agreement.
Section 4, page 16, Major Issues and Areas of Controversy
• This section shall clearly indicate that the Lead Agency (City of Pasco) has raised
concerns about the loss of industrial lands, the conversion of industrial lands, the
impacts to current industrial users, and the incompatibility and potential consequences
of the location of residents near and immediately within the proximity of industrial
development.
o What cumulative impacts should be anticipated as a result of introducing
residential uses in close proximity to industrial lands? Will residential uses tend
to promote conflict with existing industrial uses? Will the proposal tend to
reduce the viability of ongoing and proposed use of industrial lands for industrial
purposes?
o What mitigation measures respond to the noted "concern" that "the proposed
amendment, if approved, could lead to other industrially zoned properties
requesting changes to residential uses"?
o How has the likelihood and significance of this consequence been studied?
Section 6.2, page 25, Air Quality
• The DEIS does not identify the potential impacts or mitigation measures associated with
locating residential households within proximity to current or future industrial uses and
users.
• The Washington Environmental Health Disparities Map indicates the proposal site
experiences higher risks of environmental exposures from diesel exhaust, ozone
concentration, PM2.5 concentration, proximity to�heavy traffic roadways, and toxic
releases from facilities.
• What are the qualifications of the DEIS authors to provide an informed discussion of
impacts and mitigation measures for air quality and other environmental health
concerns?
• What studies or other analyses have been conducted or reviewed to inform the DEIS on
this subject?
• How do Washington Department of Ecology (WDOE) air quality standards and the
WDOE fugitive dust policy correspond to the types and extent of air quality impacts that
should be anticipated? Do these sources provide recommendations for mitigation
relating to human health for any expected environmental exposures?
Section 6.4. page 41-43, Land Use, Potential Impacts
• The DEIS does not address the land use compatibility issues created by increasing
residential households within proximity to current or future industrial uses and users.
• The DEIS does not address the implementation of future rezones associated with the
proposal, and whether those rezones would be in conformance with the Pasco
Municipal Code or Pasco Comprehensive Plan.
• See above comments regarding cumulative impacts and environmental health impacts.
Section 6.4, page 44, No-Action Alternative
� The DEIS mentions that without mitigation, the No-Action Alternative "adversely impact
nearby residential land uses and the natural environment through increased noise,
odor, reduction in air quality and runoff" but does not address or identify the potential
for similar adverse impacts of increasing residential households within proximity to
current or future ir�dustrial uses and users for the Preferred and Medium Density
Alternatives.
Section 6.4.3, page 44, Land Use Mitigation Measures
• The Pasco Municipal Code restricts the application of concomitant agreements zone
changes only, does not apply to Comprehensive Plan Land Use Amendments. (PMC
25.210.100(1)).
• The DEIS does not provide specific mitigation measures related to the land use
compatibility of increasing residential households within proximity to current or future
industrial uses or users.
• The DEIS not address the loss of industrial lands in the Pasco Urban Growth Area, or
provide mitigation measures for the loss of industrial lands.
• See above comment regarding cumulative impacts.
Section 6.5, page 49-50, Employment
• The DEIS references developed and vacant industrial land estimates identified in the
2018 Pasco Comprehensive Plan, however the DEIS does not identify updates to these
estimates that include vested permits associated with industrial development.
• See above comment regarding cumulative impacts.
Section 6.5.2, page 50, Potential Impacts
• The DEIS does not identify the potential impacts related to the increase of population
and housing within proximity to current or future industrial uses or users.
Section 6.5.2, page 51, Employment
• This section mentions future employment would be provided by various retail and office
land uses, including a future elementary school.
o Confirm coordination with the Pasco School District, and or, inclusion in the most
recently adopted Capital Facilities Plan for the Pasco School District.
o Identify increased residential units and impacts associated, as stated, in the case
that the Pasco School District does not elect to construct a school on the site.
Section 6.5.3, page 52, Mitigation Measures
• The DEIS does not identify specific detailed mitigation measures that include defined
performance standards.
• The DEIS states only that various mitigation measures "could be used." This is
ambiguous about exactly what mitigation measures will be implemented, how they will
be implemented, and how their success will be evaluated.
• No provision is made for adaptive mitigation in the event mitigation measures are
unsuccessful. How may the results of mitigation form a basis to reevaluate successive
phases of the proposal?
• No criteria have been identified to gauge the correlation between anticipated mitigation
and the likely impacts of the proposal. Is there a range of acceptable outcomes for
mitigation and, if so, how has that been determined?
• General references to the Goals and Policies of the Pasco Comprehensive Plan is not an
acceptable substitute for analysis and development of specific mitigation measures that
are reasonable and capable of being implemented. WAC 197-11-440(6)(c)(iii).
• The discussion of mitigation measures should clearly summarize and identify significant
adverse impacts that cannot or will not be mitigated. WAC 197-11-440(6)(c)(v).
Section 6.8, page 60, Environmental Health
• This section mentions that areas to the west and southwest are �acant.
o While vacant at the time of the issuance of the DEIS (09/26/2022), the DEIS does
not accurately depict development conditions adjacent to the proposal site.
Notices were distributed for State Environmental Policy Act (SEPA) on July 20,
2021 (Ryan Companies); September 1, 2021 (Local Bounti); and August 16, 2022
(Pasco Road 40, LLC). These applications should be accurately represented and
evaluated in the DEIS.
� See above comments regarding cumulative impacts and environmental health impacts.
• The City is concerned that the potential release of hazardous pollutants into the air,
water, or soil can have adverse effects on the health of people living nearby, which
effects can be especially harmful to vulnerable populations such as children, pregnant
women, elderly individuals, and those with pre-existing health conditions. How have
environmental health considerations been tailored to the expected use of the proposal
by persons who may be particularly vulnerable to environmental health risks?
In addition, low-income communities and communities of color are often disproportionately
located near industrial facilities, leading to a greater burden of exposure to environmental
health risks.
• How does the DEIS address environmental justice values and considerations that may be
presented in the immediate and long-term duration of the proposal?
Section 6.8.2, page 61, Potential Impacts and Mitigation
• The DEIS does not identify the potential impacts or mitigation measures associated with
the locating residential households within proximity to current or future industrial uses
and users.
• The Washington Environmental Health Disparities Map indicates the proposal site
experiences higher risks of environmental exposures from diesel exhaust, ozone
concentration, PM2.5 concentration, proximity to heavy traffic roadways, and toxic
releases from facilities.
• References to the Goals and Policies of the Pasco Comprehensive Plan do not
adequately satisfy the requirements of WAC 197-11-440(6).
• Impacts from existing and vested industrial use and user related projects are not clearly
identified.
• See above comments regarding cumulative impacts and environmental health impacts.
Section 6.9.2, Potential Impacts, Transportation
• The DEIS does not identify impacts of increased residential households transportation
demands, particularly the movement of local residential trips in conjunction with the
increased industrial and freight-based uses and users in the immediate proximity.
• The DEIS does not clearly identify the impacts associated with the potential conflict of
trips from residents, local parks, trails, bicycle routes, in proximity to industrial trips
nearby.
• The DEIS not identify any potential impacts to the existing railroad spur, or from the
existing railroad spur to the increased trips and residential households proposed.
Section 6.9.3, pages 72-73,Transportation Mitigation
• References to the Goals and Policies of the Pasco Comprehensive Plan do not
adequately satisfy the requirements of WAC 197-11-440(6).
• The DEIS does not identify mitigation associated with the potential increase of conflicts
between residential neighborhood trips with industrial based trips, including freight.
• The DEIS does not identify mitigation associated with increased residential households
within close proximity to industrially based trips, including freight.
• The DEIS mentions that the "Development should be consistent with the goals and
policies of the Comprehensive Plan", however, the DEIS does not identify what specific
developments would satisfy the goals and policies of the Comprehensive Plan.
• The DEIS does not include or reference results, recommendations, or strategies of the
adopted Transportation System Master Plan.
Additional Lead A�ency Comments
The purpose of these comments is to express to the applicant the concerns raised by the Lead
Agency. While the DEIS identifies partial impacts and potential mitigations, the DEIS does not
adequately address the probable environmental significance of the proposal.
An overarching concern of the City is that the DEIS does not provide adequate discussion or
analysis of the large-scale change of the City's existing planning and zoning designations for
industrial use to a new residential-intensive use. This change is likely to have significant
adverse environmental impacts arising from incompatibility between current industrial users
with the introduction of residential dwellings, or the impacts to future residents from vested
and future industrial uses and users.
The DEIS does not include any information that would identify any potential or propose any
necessary mitigations that may be required of future industrial development in the appro�ed
industrial land uses in the immediate vicinity to offset impacts to upwards of 1,028 — 1,354
housing units, or approximately 3,258—4,292 new residents.
The Lead Agency also rQcommends that the DEIS include a matrix table summary of potential
impacts, which should identify the following:
• Affected Environment • Extent of Impact
• Description of Impact • Mitigation
• Magnitude of Impact • Significant Unavoidable Adverse Impacts
Next Steps
City staff appreciates the time allotted to review and collaborate on the proposal. Prior to the
issuance of the FEIS, comments, concerns, and recommendations raised in this memorandum
should be addressed and incorporated into the environmental document. The City will
continue to work closely with your team to help refine the FEIS so that it provides an adequate
and impartial discussion of probable significant adverse environmental impacts of the proposal.
If you have any questions, please contact our office.
Sincerely,
�
Rick White, Director
City of Pasco, Community and Economic Development
whiter n �asco-wa. ov � (509) 545-3441