HomeMy WebLinkAboutHE Determination PUD 2021-001 Affinity and Hydro at Broadmoor CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
PUD 2021-001 ) CONCLUSIONS OF LAW,AND
Affinity and Hydro at Broadmoor ) RECOMMENDED DECISION
Apartments )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
January 12, 2022, 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:
L RECOMMENDED FINDINGS OF FACT
1. PROPERTY DESCRIPTION:
1.1 Legal: Lot 3 of the Broadmoor Parcel Segregation,record 31932625, and is within a
portion of the Northeast I/4 of Section 7, Township 09 North,Range 29 East W.M. in
the City of Pasco,Franklin County,Washington. (Franklin County Assessor's Tax
Parcel 115210033)
1.2 General Location: The site is southwest of the intersection of Burns Road and
Broadmoor Blvd.
1.3 Property Size: The site area consists of one parcel, approximately 19.33 acres
(842,015 square feet).The proposal consists of two separate apartment buildings of
180,000 and 240,000.
1.4 Applicant: Affinity at Broadmoor,LLC, 120 W. Cataldo Ave, Suite 100, Spokane,
WA 99201.
2. ACCESS: The property has public frontage access via Burns Road.
3. UTILITIES: Municipal water and irrigation is available on Burns Road. The site will be
served by a future trunk line as part of the Northwest Sewer LID. Said trunk line will be
extended north from Harris Road and then east, allowing this development to connect via
Burns Road. Electricity to be provided by Franklin Public Utility District(PUD).
4. LAND USE AND ZONING: The site is currently vacant and zoned RT(Residential
Transition). Surrounding properties are zoned and developed as follows:
NORTH: R-1; Vacant
EAST: RT; Vacant
SOUTH: RT; Vacant
WEST: RT; Vacant
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5. COMPREHENSIVE PLAN: The 2018 Comprehensive Plan Future Land Use Map
designates this site with three Land Uses: Open Space and Park, Office, and Mixed-Use
Regional. The Open Space and Parks Land Use classification is described as land where
development will be restricted for park land,trails, and critical areas.The Office
classification is intended for professional office, personal services, and resources centers.
Mixed-Use Regional is described as providing general retail operations, shops, grocery
stores,residential and commercial mixed uses, including high-density residential,dining and
entertainment uses. Per Table LU-1 (Land Use Designations and Criteria)of the
Comprehensive Plan,the Open Space and Parks Land Use permits all zoning districts,
including residential uses.
6. The following 2018 Comprehensive Plan Policies are identified for this item:
6.1 Land Use Policy 1-B: Enhance the physical appearance of development within the
community through land use regulations, design guidelines, and performance and
maintenance standards including landscaping, screening, building facades, color,
signs, and parking lot design and appearance.
6.2 Land Use Policy 2-A: Maintain sufficient land designated to accommodate
residential,commercial, industrial, educational,public facility, and open space uses
proximate to appropriate transportation and utility infrastructure.
6.3 Land Use Policy 4-13: Encourage infill and higher density uses within proximity to
major travel corridors and public transportation service areas.
6.4 Housing Policy 1-A:Allow for a full range of housing including single family
homes,townhouses, condominiums, apartments, and manufactured housing,
accessory dwelling units,zero lot line, planned unit developments etc.
6.5 Housing Policy 3-A: Encourage innovative techniques in the design of residential
neighborhoods and mixed-use areas to provide character and variety in the
community.
6.6 Housing Policy 4-C: Increase housing supply and diversity through appropriate and
flexible development standards.
6.7 Economic Development Polio Collaborate with public/private partners to
create a masterplan vision of the waterfront,Broadmoor area, and other
neighborhoods as necessary
6.8 Capital Facilities Policy 1-A: Systematically guide capital improvements consistent
with the vision and plan of the community
6.9 Capital Facilities Policy 3-A: Assure land development proposals provide land and/or
facilities or other mitigation measures to address impacts on traffic,parks,
recreational facilities, schools, and pedestrian and bicycle trails.
6.10 Capital Facilities Policy 5-13: Encourage use of existing natural features, open spaces,
and appropriate excess right-of-way as an integral part of the community-wide park
system.
6.11 Transportation Policy 1-B: Require transportation and land use planning efforts and
policy that meet the needs of the community and the objectives of this plan.
7. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. A Mitigated Determination of Significance(MDNS)was issued on October 20,2021.
8. The applicant, Robert Ketner of Affinity at Broadmoor, LLC, on behalf of Broadmoor
Properties, LLC has submitted a Land Subdivision Application for a Planned Unit
Development (PUD) on a 19.33-acre site approximately 2,600 feet southwest of Burns Road
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and Broadmoor Blvd. The proposal is requesting the PUD which will result in the
establishment of a PUD zone (R-4) which is not possible with the current Residential
Transition(RT)zoning designation.
9. The proposed project includes the construction of up to 240 residential apartment units and
170 attached senior apartment units on a currently vacant parcel.The proposal will also
include approximately 149,360 square feet of dedicated open space,trails and gathering areas
for residents.
10. The site has frontage access on Burns Road, the project proposal includes the construction
and expansion of city right-of-way to include Buckingham Drive and Road 108. Access to,
and within the site are proposed via a driveway connection to Burns Road as well as
driveways on/to Buckingham Drive and Road 108.
11. The total site area is approximately 19.33 acres, is currently vacant and consists of hilly sand
dunes. In general, the site is higher along the northern property line and lower along the
southern property line.The site has been surveyed for Critical Area Habitat(shrubsteppe)and
observed to be highly disturbed from recreational and construction activities, and debris
throughout the property. A survey conducted by the Washington State Department of Fish
and Wildlife and mapping performed by City staff confirm that the remaining suitable habitat
is approximately 11.26 acres.
12. The Future Land Use Map of the 2018 Comprehensive Plan designates the site as
combination of Open Space/Parks, Office, and Mixed-Use Regional.
13. The site was annexed into the City in 1982(Ordinance No 2388)and assigned the Residential
Transition (RT) zoning designation. In Pasco Municipal Code 25.25.010, the RT district is
intended to be applied or assigned to areas that are essentially undeveloped, however,
ultimately intended for suburban or urban residential use.
14. The site is within the Broadmoor Planning Area, an area ranging from 1,200 — 1,600 acres
situated towards the North West City Limits and generally bound by Interstate I-182,
Broadmoor Blvd (Road 100), Burns Road and the Columbia River. Formal planning efforts
for the "Broadmoor" area began in 2004 and continued through 2009 with the Planning
Commission adopting the Broadmoor Sub-Area Concept Plan (October 15, 2009). In 2017,
the City issued a Determination of Significance and request for comments to prepare an
Environmental Impact Statement(EIS)to evaluate the impacts of residential and commercial
development in the Broadmoor area. That effort was paused in 2019 to allow the city to
continue working on the periodic update of its Comprehensive Plan. On July 27, 2021, the
City issued a revised scoping notice and Determination of Significance to study two land-use
alternatives based on the 2018-2038 Comprehensive Plan.
15. The 2018-2038 Comprehensive Plan specifies the Broadmoor Area for its development
potential that will occur through specific design and development standards that will
incorporate a mix of housing, retail, commercial, open space and incorporate walkable and
transit friendly design.
16. On March 5, 2020, the Pasco City Council passed Ordinance No 4483 for construction of a
new sanitary sewer trunk line and other sewer infrastructure improvements to serve the
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Broadmoor area. The project(s) were consistent with the approval of a Local Improvement
District (LID 151) in Resolution No 3932. This has been followed by increased development
activities and proposals in the Broadmoor area. This includes preliminary plat applications
indicating approximately 599 housing units to the north of the site (Northwest of Burns Road
and Broadmoor Blvd) and approval of a rezone southeast of the site to C-1 (Retail Business
District)of approximately 53.5 acres.
17. The recent development activity in conjunction with improvements to utility infrastructure,
and this application for a Planned Unit Development are consistent with the Comprehensive
Plan and established vision for the Broadmoor area.
18. 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:
18.1 The date the existing zone became effective:
18.1.1 The current zoning classification has been in place since the site was
annexed into the City in 1982 (Ordinance No 2388).
18.2 The changed conditions, which are alleged to warrant other or additional
zoning:
18.2.1 The City has planned for significant growth on and near the
surrounding area of the site. This includes the Broadmoor Sub-Area
Concept Plan (2009), and the ongoing Broadmoor Master Plan and
Environmental Impact Statement, which the City issued a Scoping
Notice and Determination of Significant in July 2021. The Pasco City
Council has adopted the 2018-2038 Comprehensive Plan which
indicates the Broadmoor Area will accommodate upwards of 7,000
housing units 2,500 jobs. This has been supported by the 2020 Council
approval of the Northwest Sewer LID and infrastructure
improvements.
18.2.2 Development permits has been approved and/or underway in the
immediate vicinity of the site that indicate an estimated 914 dwelling
units. In August 2021, Council approved of request to rezone
approximately 53.5 acres to C-1 (Retail Business District) southeast of
the site.
18.3 Facts to justify the change on the basis of advancing the public health, safety,
and general welfare:
18.3.1 The Planned Unit Development (PUD) application and proposed
development are consistent with , the adopted 2018-2038
Comprehensive Plan. The PUD would allow for a diverse range of
housing options to be constructed while incorporating open space,
natural and habitat preservation, and, access for tails and recreation.
The proposal is in conformance with, and, meets the intent of the PUD
regulations as stated in PMC 25.140.010 which are to result in the
preservation and enhancement of public health, safety, welfare, and
access of the community, consistent with the Comprehensive Plan.
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18.4 The effect it will have on the value and character of the adjacent property and
the Comprehensive Plan:
18.4.1 The request for a Planned Unit Development, and the project proposal
implement the 2018-2038 Comprehensive Plan, including various
goals and policies of the Land Use, Housing, Economic Development
and Capital Facilities Elements. Although the properties surrounding
the site are currently vacant, development and permit activity have
been approved including an estimated 914 dwelling units. The PUD
application is consistent with, and the intent of the major land-use and
infrastructure plans (Draft Transportation System Master Plan, Draft
Comprehensive Sewer Plan).
18.5 The effect on the property owner or owners if the request is not granted:
18.5.1 The current RT (Residential Transition) designation is intended to be
applied or assigned to areas that are essentially undeveloped, however,
ultimately intended for suburban or urban residential use. Without the
approval of the Planned Unit Development / R-4 designation, the
proposal is not possible. Without a rezone, the site will remain vacant,
underutilized, and in non-conformance with community planning
efforts.
18.6 The Comprehensive Plan land use designation for the property:
18.6.1 The 2018-2038 Comprehensive Plan Future Land Use Map designates
this site with three Land Uses: Open Space and Park, Office, and
Mixed-Use Regional. The Open Space and Parks Land Use
classification is described as land where development will be restricted
for park land, trails, and critical areas. The Office classification is
intended for professional office, personal services, and resources
centers. Mixed-Use Regional is described as providing general retail
operations, shops, grocery stores, residential and commercial mixed
uses, including high-density residential, dining and entertainment uses.
Per Table LU-1 (Land Use Designations and Criteria) of the
Comprehensive Plan, the Open Space and Parks Land Use permits all
zoning districts, including residential uses.
18.7 Such other information as the Hearing Examiner requires.
19. The application for a Planned Unit Development, and rezone to the R-4 (High-
Density Residential Zoning District) is consistent with, and meets the intent of the
Comprehensive Plan, PUD regulations and aligns with the intended vision for the
Broadmoor area. The opportunity for additional housing options and diversity with
open space amenities both support and implement the Broadmoor planning area
goals.
20. Public notice of this hearing was advertised in the Tri-City Herald on 12/26/2021 and
distributed to property owners within 300 feet of the project site on 12/30/2021.
21. The site was annexed into the City in 1982 (Ordinance No 2388)and assigned the Residential
Transition(RT)zoning designation.
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22. The site is southwest of the intersection of Burns Road and Broadmoor Blvd and contains
approximately 19.33 acres or 842,015 square feet.
23. The applicant has requested to rezone the subject property (Franklin County Assessor's Tax
Parcel 115210033) from RT (Residential Transition) to R-4 (High-Density Residential
Zoning District) in concurrence with a Planned Unit Development application.
24. The RT(Residential Transition) district is intended to be applied or assigned to areas that are
essentially undeveloped, however, ultimately intended for suburban or urban residential use.
25. Planned Unit Developments are intended to allow for, and create opportunities for
innovation, creativity, and flexibility in land development as indicated in PMC 25.140.010.
26. Planned Unit Developments may be approved for a use or combination of uses permitted in
PMC 25.140.020, and shall be enumerated in the ordinance establishing the district.
27. The project associated with the Planned Unit Development includes the construction of 240
residential apartment units and 170 attached senior apartment units.
28. The proposed (gross) density is 21.21 dwelling units per acre in conformance with the
Density Requirements of PMC 25.140.080(4) for Mixed Residential/Commercial and High-
Density Land Use.
29. The project intends to record an age restrictive covenant on the Affinity portion (170
dwellings) of the property and will apply for exemption of the Pasco School District Impact
Fee per PMC 3.45.050(1).
30. The project includes approximately 149,360 square feet of open space, representing 19.2% of
the total site(net)complying with the minimum open space standards (15%) as determined in
PMC 25.140.080(6).
31. The project includes 735 on-site parking spaces within parking garages and surface lots.
32. The project is anticipated to be constructed and occupied by 2025.
33. The site has frontage access on Burns Road(to the north).
34. The 2018-2038 Comprehensive Plan, Future Land Use designation for the site is: Open
Space/Parks, Office, and Mixed-Use Regional.
35. The 2018-2038 Comprehensive Plan indicates that the Broadmoor Area(1,200— 1,600 acres)
will accommodate 7,000 households and 2,500 jobs.
36. The City issued a Determination of Significance and request for comments on scope of an
Environmental Impact Statement(EIS) in July 2021 for the Broadmoor Area Master Plan.
37. A survey conducted by the Washington State Department of Fish and Wildlife and mapping
performed by City staff confirm that site has approximately 11.26 of Critical Area/ priority
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shrub-steppe habitat which will require mitigation.
38. The project associated with the Planned Unit Development and rezone to R-4 are consistent
with 2018-2038 Comprehensive Plan.
39. The project associated with the Planned Unit Development and rezone to R-4 are consistent
aligned with recent Council approval of capital facilities, including the Northwest Sewer LID.
40. An open record public hearing after due legal notice was held on January 12, 2022 via Zoom
videoconference.
41. Appearing and testifying on behalf of the Applicant at the hearing was Scott Morris. Mr.
Morris indicated that he was agent authorized to appear and speak on behalf of the Applicant
and property owner. Mr. Morris indicated that he agreed with all the representations set forth
within the staff report and the Site Plan conditions.
42. No member of the public testified at the hearing.
43. The staff report, application materials, agency comments and the entire file of record were
admitted into the record. Also admitted into the record as an exhibit was Applicant's
Powerpoint presentation.
44. 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
Following a public hearing, the Hearing Examiner may recommend approval or denial of the
application and accompanying PUD plans or may recommend imposition of such conditions of
approval as are necessary to ensure conformity to all applicable regulations and the purposes of the
PUD district based upon the criteria listed in PMC 25.140.090(5). A PUD may be recommended for
approval only when it has been determined that:
1. The PUD district development will be compatible with nearby developments and uses.
1.1 The project and proposal are consistent with the Comprehensive Plan and recently
approved permitting activities in the immediate vicinity of the site. Development
permits has been approved and/or underway in the immediate vicinity of the site that
indicate an estimated 914 dwelling units. In August 2021, Council approved of
request to rezone approximately 53.5 acres to C-1 (Retail Business District)southeast
of the site.
2. Peripheral treatment ensures proper transition between PUD uses and nearby external uses
and developments.
2.1 The project will result in the expansion of, and the construction of the following
connecting the site with the surrounding areas:
2.1.1 Burns Road
2.1.2 Road 108
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2.1.2.1 To be constructed designed and constructed as a 3-lane roadway
section consisting of two travel lanes, and one two-way left turn lane,
and shall be constructed following Collector roadway standards.
2.1.2.2 The Curb Radius at the intersection of Road 108 and Buckingham
will need to be designed to the collector standard, which is 35-feet
radius at face of curb.
2.1.3 Buckingham Dr.
2.1.3.1 To be constructed designed and constructed as a 3-lane roadway
section consisting of two travel lanes, and one two-way left turn lane,
and shall be constructed following Collector roadway standards. A
40-foot right-of-way dedication may be necessary.
2.1.3.2 The Curb Radius at the intersection of Road 108 and Buckingham
will need to be designed to the collector standard, which is 35-feet
radius at face of curb.
2.1.4 Street-Light Spacing.
2.1.4.1 Streetlight spacing of 300-feet alternating sides of the roadway(600-
feet same side) shall be maintained. The current site plan exceeds
this spacing.
2.1.4.2 Lighting along Burns Road shall be provided and constructed per of
Pasco Design and Construction Standards and Specifications
(currently missing from the site plan).
2.1.5 Multi-Use Pathway.
2.1.5.1 A 12-foot multi-use path along Burns Road shall be asphalt (not
concrete), and the walking path shall be offset from the curb pathway
following a linear(not meandering)design.
2.2 Additional conditions have also been placed on the proposal from the Pasco Fire
Department, below:
2.2.1 Per International Fire Code (D103.1): Fire Apparatus access roads shall be
26 feet width, exclusive of shoulders.
2.2.2 Per International Fire Code (D103.3): Turning Radius: Determined by the
Fire Code Official. 28 feet minimum.
2.3 The project will incorporate approximately 149,360 square feet of open space, in
conformance with the Amenities and Open Space requirements of PMC
25.140.080(6).
2.4 The project design is in conformance with the requirements of PMC 25.140.040
(Relationship to Adjacent Areas).
3. The development will be consistent with the Comprehensive Plan and the purposes of the
PUD district. The application for a Planned Unit Development, and rezone to the R-4 (High-
Density Residential Zoning District) is consistent with, and meets the intent of the
Comprehensive Plan, PUD regulations and aligns with the intended vision for the Broadmoor
area. The opportunity for additional housing options and diversity with open space amenities
both support and implement the Broadmoor planning area goals.
4. The proposal and project are aligned with, and implement the following Comprehensive Plan
Goals and Policies:
4.1 Land Use Policy 1-B: Enhance the physical appearance of development within the
community through land use regulations, design guidelines, and performance and
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maintenance standards including landscaping, screening, building facades, color,
signs, and parking lot design and appearance.
4.2 Land Use Policy 2-A: Maintain sufficient land designated to accommodate
residential, commercial, industrial, educational, public facility, and open space uses
proximate to appropriate transportation and utility infrastructure.
4.3 Land Use Policy 4-13: Encourage infill and higher density uses within proximity to
major travel corridors and public transportation service areas.
4.4 Housing Policy 1-A: Allow for a full range of housing including single family
homes, townhouses, condominiums, apartments, and manufactured housing,
accessory dwelling units,zero lot line, planned unit developments etc.
4.5 Housing Policy 3-A: Encourage innovative techniques in the design of residential
neighborhoods and mixed- use areas to provide character and variety in the
community.
4.6 Housing Policy 4=C: Increase housing supply and diversity through appropriate and
flexible development standards.
4.7 Economic Development Polio Collaborate with public/private partners to
create a masterplan vision of the waterfront, Broadmoor area, and other
neighborhoods as necessary
4.8 Capital Facilities Policy 1-A: Systematically guide capital improvements consistent
with the vision and plan of the community
4.9 Capital Facilities Policy 3-A: Assure land development proposals provide land and/or
facilities or other mitigation measures to address impacts on traffic, parks,
recreational facilities, schools, and pedestrian and bicycle trails.
4.10 Capital Facilities Policy 5-13: Encourage use of existing natural features, open spaces,
and appropriate excess right-of-way as an integral part of the community-wide park
system.
4.11 Transportation Policy 1-B: Require transportation and land use planning efforts and
policy that meet the needs of the community and the objectives of this plan.
5. The public health, safety and welfare have been served. The application for a Planned Unit
Development and commensurate rezone to R-4, and the proposed project associated with the
application are subject to the regulations and requirements of the Pasco Municipal Code and
the City of Pasco Design and Construction Standards. The City, acting as the Lead Agency
for the proposal, issued a Mitigated Determination of Non-Significance (MDNS) on October
20, 2021. The applicant has, or will be required to submit the following documents or
analysis to supplement their proposal.
5.1 Cultural Resource Survey:
5.1.1 Submitted 11/5/2021
5.1.2 The survey is required to inform of the probability of encountering historic
properties or materials of archaeological concern within the project area. The
survey results indicated that a low probability for the project to impact yet
unrecorded cultural resources.
5.2 Critical Areas Report and Proposed Mitigation:
5.2.1 Submitted on 11/8/2021
5.2.2 Per PMC 28.12.080, a critical area review is required to verify the extent,
nature, and type of any critical area(s) identified and to evaluate the required
mitigation measures. As indicated in the report, the site was observed to be
highly disturbed from recreational and construction activities, with debris
throughout the property. A survey conducted by the Washington State
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Department of Fish and Wildlife (WDFW) and mapping performed by City
staff confirm that site has approximately 11.26 acres of Critical Area /
priority shrub-steppe habitat which will require mitigation. Proposed
mitigation for impacts to the shrub-steppe habitat will be provided through
escrow for the City in the name of WDFW, compensation for this mitigation
is $22,520.
5.3 Traffic Impact Analysis:
5.3.1 Submitted on September 14, 2021
5.3.2 The TIA summarizes the potential transportation related impacts associated
with the development. The scope of the analysis was coordinated in advance
with the City, and evaluated the following intersections:
5.3.2.1 Broadmoor Blvd/Burns Road
5.3.2.2 Broadmoor Blvd/Sandifur Parkway
5.3.2.3 Broadmoor Blvd/1-182 Westbound Ramps
5.3.2.4 Broadmoor Blvd/1-182 Eastbound Ramps
5.3.2.5 N Road 68/Burns Road
5.3.3 Mitigation Required. No off-site road improvements were identified in the
TIA to mitigate the impacts of the development. The development is
anticipated to generate 126 AM and 157 PM trips during the peak hour.
Transportation impact fees will be required of the project and paid to the City
of Pasco. These transportation impact fees will be used by the City to
complete the future improvement projects that have been identified as
necessary to accommodate development in this area. The fees owed by the
project will be assessed and collected at the time of building permit issuance
for the individual buildings.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III. RECOMMENDED CONDITION OF APPROVAL
1. The Applicant shall comply with all applicable State of Washington and Pasco Municipal
Code laws, rules and regulations, except as may be modified by the Planned Unit
Development, assuming the Planned Unit Development is approved by the City of Pasco.
IV. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Recommended Conclusions of Law, the
Hearing Examiner recommends APPROVAL of the application for a Planned Unit Development on
Franklin County Assessor's Tax Parcel 115210033, and commensurate rezone from RT (Residential
Transition)to R-4 (High Density Residential Zoning District)meets the requirements of PMC 25.140
and is accordance with the provisions of PMC 25.210.
Dated this 180'day of January,2022.
CITY PASCO HEARING EXAMINER
7`-el
A w L. Kottkamp
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