HomeMy WebLinkAboutHE Recommendation Z 2021-013 Liberty Lake CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND DECISION
Z 2021-013 )
Liberty Lake Properties/Blue Dog RV )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
September 8, 2021, the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings of Fact, Conclusions of Law, and Decision and Conditions of Approval as
follows:
I. RECOMMENDED FINDINGS OF FACT
1. PROPERTY/APPLICATION DESCRIPTION:
1.1 Leal: Lot 1, Binding Site Plan 2009-03, located in Section 7,Township 9 North,
Range 29 East, W.M. Records of Franklin County, Washington (Parcel 115210024).
1.2 General Location: Generally located near the northwest corner of Chapel Hill
Boulevard and Road 100/13roadmoor Boulevard, in Pasco, WA.
1.3 Property Size: 13.49 acres(587,968.03 square feet).
1.4 Applicant: Mark Bretz c/o Liberty Lake Properties LLC 4800, Grant Creek Road,
Missoula MT 59808.
1.5 Request: Rezone Liberty Lake Properties/Blue Dog RV- C-1 to CR.
2. ACCESS: The parcel has access from Chapel Hill Boulevard and Road 100/Broadmoor
Boulevard.
3. UTILITIES: Water is available in both Chapel Hill Boulevard and Road 100/Broadmoor
Boulevard; Sewer service is in Chapel Hill Boulevard.
4. LAND USE AND ZONING: The site is undeveloped and zoned C-I (Retail Commercial).
Surrounding properties are zoned and developed as follows:
NORTH: (Freeway) I-182 Freeway
EAST: CR; C-1, Office Commercial
SOUTH: C-1, Office Commercial,Vacant
WEST: R-4, Apartments.
5. COMPREHENSIVE PLAN: The Comprehensive Plan has recently been updated and
approved by City Council. The lot has been designated "Mixed-Use Interchange" by the
Comprehensive Plan Land Use Map. The "Mixed-Use Interchange" designation allows for
Z 2021-013
Liberty Lake Properties/Blue Dog RV
Page 1 of 7
the Mixed-Use Interchange (MU-1) zoning designation, which provides for commuter
services, technology and resource business parks, office and retail uses.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the State Environmental Policy Act("SEPA")checklist, Comprehensive
Plan, applicable regulations, and other information, a threshold determination resulting in a
Determination of Non-Significance (DNS)was issued on 31 August 2021 for this project
under WAC 197-11-158.
7. REQUEST: Mark Bretz, on behalf of Liberty Lake Properties LLC and Broadmoor
Properties LLC, has submitted an application to rezone Parcel 115210024, located near the
northwest corner of Chapel Hill Boulevard and Road 100/13roadmoor Boulevard, in Pasco,
WA., from C-1 (Retail Business District) to CR (Regional commercial) in anticipation of
locating an RV sales and service center on the site.
8. SITE: The site contains 13.49 acres (587,968.03 square feet) and has frontage access on
Chapel Hill Boulevard and Road 100/Broadmoor Boulevard,which are both arterial streets.
8.1 The City has recently approved a major update to its Comprehensive Plan. The
revised Land Use Element of the approved Plan designates the area "Mixed-Use
Interchange."
8.2 The "Mixed-Use Interchange" designation allows for Mixed-Use Interchange(MU-I)
zoning and may be developed with commuter services, technology and resource
business parks, office and retail uses.
8.3 As the Comprehensive Plan has recently been approved, the new MU-I zoning
designation has not yet been defined and adopted into the Pasco Municipal Code
(PMC). As such, the CR zoning is the closest available approximation of the cited
MU-I zone.
8.4 As per PMC 25.105.010, "The C-R regional commercial district is established to
provide a district in which the primary land use is for commercial and service uses to
serve the needs of people living in the entire region and to serve as a place of
employment in a regional setting. This district is intended to be located near major
highway interchanges."
8.5 Per PMC 25.105.020(3), RV sales and service are among the allowed uses in the CR
zoning district.
8.6 The rezone request and its intended use are consistent with both Comprehensive Plan
Land Use Map designations.
9. HISTORY: The site was annexed into the City and designated C-1-D (Designated Shopping
Center) in 1982 (Ordinance 2388). Title 22 Zoning was repealed its entirety and replaced
with Title 25 in 1999 (Ordinance 3354) and the C-1-D zone was replaced with C-1 (Retail
Business) zone. A 252-unit apartment complex was developed to the east of the parcel in
2004, followed by a service station in 2006 followed by commercial and office uses to the
east and south of the site between 2019 and 2021.
10. REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25.210.030. The criteria are listed below as follows:
10.1 The date the existing zone became effective:
Z 2021-013
Liberty Lake Properties/Blue Dog RV
Page 2 of 7
10.1.1 The site was designated C-1-D in 1982 in conjunction with annexation. The
C-1-D designation was eliminated and replaced with the CA (Retail
Business)zone in 1999.
10.2 The changed conditions, which are alleged to warrant other or additional zoning:
10.2.1 Surrounding parcels to the east, south, and west have been slowly developed
over the last decade with high-density residential, commercial, and office
uses.
10.2.2 City Council has recently approved an update to the Comprehensive Plan;
The Land Use Element of the Plan now designates the lot "Mixed-Use
Interchange."
10.2.3 The "Mixed-Use Interchange" designation allows for "MU-P' zoning and
may be developed with commuter services, technology and resource business
parks, office and retail uses.
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3.1 The rezone application and proposal are consistent with the Pasco
Comprehensive Plan, which has been determined to be in the best interest of
advancing public health, safety and general welfare of the community.
10.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 As the Comprehensive Plan has recently been approved, the new MU-I
zoning designation has not yet been defined and adopted into the Pasco
Municipal Code (PMC). As such, the CR zoning is the closest available
approximation of the cited MU-I zone.
10.4.2 The "Mixed-Use Interchange" designation allows for "MU-I" zoning and
may be developed with commuter services, technology and resource business
parks, office and retail uses, all of which are appropriate for this area, in
alignment with the Land Use Element of the Comprehensive Plan.
10.5 The effect on the property owner or owners if the request is not granted:
10.5.1 If the property remains with the current C-1 zoning designation the site
would likely continue to remain vacant for a while.
10.6 The Comprehensive Plan land use designation for the property:
10.6.1 The City Council has recently approved an update to the Comprehensive
Plan. The Land Use Element of the Plan now designates the lot "Mixed-Use
Interchange."
10.6.2 As the Comprehensive Plan has recently been approved, the new MU-I
zoning designation has not yet been defined and adopted into the Pasco
Municipal Code (PMC). As such, the CR zoning is the closest available
approximation of the cited MU-I zone.
11. The Washington State Department of Transportation (WSDOT) has made the following
comments on the project:
Z 2021-013
Liberty Lake Properties /Blue Dog RV
Page 3 of 7
11.1 The subject property is adjacent to Interstate 182 (1-182) and the Road
100/13roadmoor Boulevard (Exit 7) interchange. I-182 is a fully controlled limited
access facility with a posted speed limit of 70 miles per hour. WSDOT has acquired
all access rights to highway from the abutting properties, including the on- and
off-ramps and interchange crossroad (Broadmoor Blvd). Direct access to I-182 is
prohibited. This access restriction extends southerly along Broadmoor Blvd a
distance of 300'from the intersection of the eastbound ramp terminals.
11.2 WSDOT anticipates the majority of traffic generated by this proposal will utilize the
Exit 7 interchange and we are concerned with the cumulative impact development in
this area is having on the interchange. In order to mitigate this project's impact, we
recommend the city require the proponent to contribute towards the city of Pasco's
planned improvements to the interchange, in proportion to their impact.
11.3 The existing WSDOT fence typically lies one foot inside our right-of-way boundary
and must not be altered or moved without prior department approval.
11.4 Encroachments, grading or other activities within WSDOT right-of-way are
prohibited. The site must be developed with sufficient building setbacks to
accommodate all on-site activities.
11.5 Any outdoor advertising or commercial signing considered for this project must
comply with the State Scenic Vistas Act of 1971 (RCW 47.42 & WAC 468-66). The
proponent can contact Trevor McCain of the WSDOT HQ Traffic Office for
specifics. He can be reached at(360) 705-7282.
11.6 Stormwater and surface runoff generated by this project must be retained and treated
on site.
11.7 Any proposed lighting must be directed down towards the site and away from I-182.
The discharge into 1-182 right-of-way requires an approved WSDOT Utility Permit.
12. The Hearing Examiner recommends that limited access, with WSDOT approval, shall be
applicable to Road 100.
13. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on August 31, 2021.
14. Applicant wishes to rezone Parcel 115210024 from C-1 to CR.
15. The site is located near the northwest corner of Chapel Hill Boulevard and Road
100/Broadmoor Boulevard.
16. Applicant anticipates locating an RV sales and service center on the site.
17. The site contains 13.49 acres(587,968.03 square feet).
18. The site has limited frontage access on Chapel Hill Boulevard and Road 100/13roadmoor
Boulevard.
19. Chapel Hill Boulevard and Road 100/13roadmoor Boulevard are both arterial streets.
20. The City has recently approved a major update to its Comprehensive Plan.
21. The revised Land Use Element of the approved Plan designates the area"Mixed-Use
Interchange."
22. The"Mixed-Use Interchange"designation allows for Mixed-Use Interchange(MU-1)zoning.
Z 2021-013
Liberty Lake Properties /Blue Dog RV
Page 4 of 7
23. The "Mixed-Use Interchange" designation may be developed with commuter services,
technology and resource business parks, office and retail uses.
24. The new MU-I zoning designation has not yet been defined and adopted into the PMC.
25. CR zoning is the closest available approximation of the MU-I zone.
26. The C-R district is intended to be located near major highway interchanges.
27. RV sales and service are among the allowed uses in the CR zoning district.
28. The site was annexed into the City and designated C-1-D in 1982.
29. Title 22 Zoning was repealed and replaced with Title 25 Zoning in 1999.
30. The C-1-D zone was replaced with C-1 zone in 1999.
31. A 252-unit apartment complex was developed to the east of the parcel in 2004
32. A service station was developed to the east of the site in 2006.
33. Commercial and office uses were developed to the east and south of the site between 2019
and 2021.
34. An open record public hearing after due legal notice was held September 8, 2021 via Zoom
videoconference.
35. The Applicant did not appear at the hearing. The Applicant was given notice of the date,
time, and manner of the hearing.
36. No member of the public testified at the hearing.
37. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
38. The proposal is in accordance with the goals and policies of the Comprehensive Plan as
follows:
38.1 City Council has recently approved an update to the Comprehensive Plan. The Land
Use Element of the Plan now designates the lot"Mixed-Use Interchange."
38.2 The "Mixed-Use Interchange" designation allows for Mixed-Use Interchange (MU-I)
zoning and may be developed with commuter services, technology and resource
business parks, office and retail uses.
38.3 As the Comprehensive Plan has recently been approved, the new MU-I zoning
designation has not yet been defined and adopted into the Pasco Municipal Code
(PMC). As such, the CR zoning is the closest available approximation of the cited
MU-I zone.
38.4 As per PMC 25.105.010, "The C-R regional commercial district is established to
provide a district in which the primary land use is for commercial and service uses to
serve the needs of people living in the entire region and to serve as a place of
employment in a regional setting. This district is intended to be located near major
highway interchanges."
38.5 Per PMC 25.105.020(3), RV sales and service are among the allowed uses in the CR
zoning district.
Z 2021-013
Liberty Lake Properties/Blue Dog RV
Page 5 of 7
38.6 The proposal also aligns with Land Use Policy LU-4-A: Encourage infill and higher
density uses within proximity to major travel corridors and public transportation
service areas.
39. The effect of the proposal on the immediate vicinity will not be materially detrimental
because:
39.1 The Comprehensive Plan has recently been updated for the area and the Land Use
Element of the Plan now designates the lot"Mixed-Use Interchange."
39.2 The "Mixed-Use Interchange" designation allows for Mixed-Use Interchange(MU-I)
zoning and may be developed with commuter services, technology and resource
business parks, office and retail uses.
40. There is merit and value in the proposal for the community as a whole because:
40.1 The proposed rezone application is consistent with the Comprehensive Plan Land
Use Map and the Goals and Policies as adopted by the Pasco City Council
(Ordinance 4537)
40.2 The Comprehensive Plan has recently been updated for the area and now designates
the lot"Mixed-Use Interchange."
40.3 The "Mixed-Use Interchange"designation allows for Mixed-Use Interchange(MU-I)
zoning and may be developed with commuter services, technology and resource
business parks, office and retail uses.
41. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
41.1 The rezone application and anticipated project are subject to the regulations and
requirements of the Pasco Municipal Code and the City of Pasco Design and
Construction Standards. The Design and Construction Standards require a Traffic
Study for proposals that generate 25 or more peak hour trips. The City (Lead
Agency) issued a Determination of Non-Significance(DNS)on August 31, 2021.
42. A Concomitant Agreement should be entered into between the City and the petitioner, and if
so, the terms and conditions of such an agreement.
42.1 A concomitant agreement would not be required in this circumstance.
43. 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
Before recommending approval or denial of a rezone,the Hearing Examiner must develop findings of
fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The
criteria are as follows:
1. The Hearing Examiner has been granted the authority to render recommendation.
2. This rezone is consistent with the goals and policies of the Pasco Comprehensive Plan.
3. This rezone will satisfy all of the criteria set forth in the Pasco Municipal Code.
4. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
Z 2021-013
Liberty Lake Properties/Blue Dog RV
Page 6 of 7
III. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL of the rezone from C-1 (Retail Business District) to CR (Regional
commercial).
Dated this 9°i day of September,2021.
CITY OF PASCO HEARING EXAMINER
rew L. Kottkamp
Z 2021-013
Liberty Lake Properties /Blue Dog RV
Page 7 of 7