HomeMy WebLinkAboutHE Recommendation Z 2021-006 Broadmoor Properties CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND RECOMMENDATION
Timothy Utkes/National Multi Housing Group
Z 2021-006
August 2, 2021
1. FINDINGS OF FACT
1.1 Proposal. Rezone 53.53 acres from R-T (Residential Transition) to C-1 (Retail
Business District)to allow for high-volume regional retail use in the Broadmoor Planning Area.
• Location. West side of Broadmoor Boulevard between western extensions of
Buckingham Drive to the north and Sandifur Parkway to the south. Parcel numbers
115 210 034, 115 210 035.
• Applicant. Timothy Ufkes/National Multi Housing Group, c/o Broadmoor Properties
LLC, 601 Union Street, Ste 2710, Seattle WA 98 10 1.
1.2 Land Use Designations and Rezone Request. The site is within the Broadmoor
Planning Area, which encompasses over 1,600 acres of land in northwest Pasco. Efforts have
been underway to maximize the area's development potential in a way which benefits the
community and region. The goal is to offer mixed uses within a walkable area with open space
and transit friendly design. The Comprehensive Plan designates the site Mixed-Use Regional,
which is intended for the Broadmoor area only and designed to accommodate general retail
operations and shops, grocery stores, higher density residential, dining, and entertainment uses.
The preferred zoning is MU-R (Mixed-Use Regional) but it has not been adopted into code. The
C-1 zoning functionally approximates the desired retail character of the site, and was applied to
the south part of the site in 2016.
North: RT (Vacant)
East: C-1 (STEM High School/Commercial)
South: C-1 (Vacant)
West: RT; C-1 (Vacant)
1.3 Hearing. An open record public hearing was held on July 14, 2021. The hearing
was conducted remotely, but with in-person attendance allowed. Access information was
available to the public to allow citizens to join via either a video link or telephone call-in, if they
elected to not attend in person. Due to video feed connectivity disruption, there were delays in
hearing progression. To ensure any citizens who wished to comment had the opportunity to
provide input, the record was kept open for a week, through July 21. The Examiner stated that if
there were any concerns on comment, or a need to re-open the hearing, comments on same
should be submitted during this period. No additional written comments from the public were
received. At the hearing, the Department, through Mr. Adams, summarized the proposal. No one
from the public indicated a wish to testify.
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1.4 Notice. Public notice was mailed to property owners within 300 feet and
published in the Tri-City Herald on June 25, 2021. No concerns on notice were received and
there were no requests to re-open the hearing. City notice requirements have been met.'
1.5 SEPA. The Community and Economic Development Department ("Department")
issued an unappealed Mitigated Determination of Non-Significance,2 identifying likely
mitigation on project application:
• An inadvertent discovery protocol must be established for the potential
discovery of cultural or historical artifacts before or during
improvements/construction.
• A traffic impact (TIA) analysis is likely considering the ITE Trip Calculation
performed, and the anticipated impacts on the I-182Broadmoor Freeway
interchange, as well as on surrounding arterial streets.
1.6 Evidence Reviewed. The Examiner admitted the Department's Staff Report,
which attached maps (overview, vicinity,use, zoning, and comprehensive plan), and photographs
of the surrounding area. The SEPA Determination and revised maps were submitted after the
hearing and also admitted. Except as revised, the Staff Report is incorporated into these findings.
1.7 Public Comment. Public comment was not received.
1.8 Access. Broadmoor Boulevard frontage.
1.9 Utilities. Existing water and sewer utilities in Broadmoor Boulevard.
1.10 Rezone Considerations. A rezone to C-1 implements the Comprehensive Plan,
and is in accord with its goals and policies, which encourage development of lands designated
for commercial and mixed uses in the Broadmoor Planning Area. Utilities are available, the
location is planned for commercial revelopment and there is a market demand for same. The
rezone allows for the redevelopment as planned. There will be traffic impacts which will be
evaluated on a project specific basis, with future development subject to code requirements and
additional SEPA review and mitigation.
2. CONCLUSIONS
The Examiner issues a rezone recommendation based on whether:
(a) The proposal is in accord with the goals and policies of the Comprehensive
Plan;
(b) The effect of the proposal on the immediate vicinity will be materially
detrimental;
1 PMC 25.210.040; Staff Report,p. 5.
2 Staff Report,p. 7;MDNS(July 8,2021).The second condition is identified in the Staff Report but not the MDNS
provided to the Examiner.However, future development would likely require this additional analysis.
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(c) There is merit and value in the proposal for the community as a whole;
(d) Conditions should be imposed in order to mitigate any significant adverse
impacts from the proposal;
(e) A concomitant agreement should be entered into between the City and the
petitioner, and, if so, the terms and conditions of such an agreement.3
As the Findings detail, the rezone follows these criteria. The proposed zoning is
consistent with the Comprehensive Plan Land Use Map. Surrounding uses include a mix of
commercial and residential uses, along with vacant lands. The rezone allows commercial uses in
keeping with Plan objectives to accommodate planned growth within the City. There is no
material detriment. Due to the City's existing regulatory structure and future project-level review,
a concomitant agreement is not needed. The requested rezone meets the City's rezone criteria.
RECOMMENDATION
The Hearing Examiner recommends approval of the rezone from R-T to C-1.
RECOMMENDATION entered August 2 2021.
City of Pasco Hearing Examiner
Susan Elizabeth Drummond
3 PMC 25.210.060;PMC 2.50.080.
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