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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. City of Pasco Hearing Examiner Page 1 of 3 Recommendation,Rezone,Z 2021-006 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. City of Pasco Hearing Examiner Page 2 of 3 Recommendation,Rezone,Z 2021-006 (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. City of Pasco Hearing Examiner Page 3 of 3 Recommendation,Rezone,Z 2021-006