HomeMy WebLinkAboutHE Determination PP 2022-005 Allison Court CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
PP 2022-005 ) CONDITIONS OF APPROVAL AND
Allison Court ) DECISION
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on June
8, 2022, the Hearing Examiner having taken evidence hereby submits the following Findings of Fact,
Conclusions of Law, and Decision and Conditions of Approval as follows:
I. FINDINGS OF FACT
1. PROPERTY DESCRIPTION:
1.1 Leal: Parcel 118461068: The West 185 feet of the East 210 feet of the south half of
the southeast quarter of the southeast quarter of the southwest quarter of Section 21,
Township 9 North, Range 29 East,W. M., except the East 60 feet of the South 185
feet, and except the South 30 feet of the West 125 feet thereof(7617 West Court
Street).
1.2 General Location: Said property is situated on the west side of Road 76, and borders
West Court Street to the south,Pasco, WA.
1.3 Prope Size: The site contains approximately 5.88 acres (256,132.8 square feet).
1.4 Applicant: Empire Bros. Construction, 931 West Agate Street, Pasco, WA 99301.
2. ACCESS: The site is accessed from Road 76 and West Court Street.
3. UTILITIES: Water utilities are available from both Road 76 and West Court Street. Sewer
lines are located in West Court Street.
4. LAND USE AND ZONING: The site consists of two lots zoned RS-12 (Suburban), and
contains two SFDUs, a shop, and two outbuildings. Surrounding properties are zoned and
developed as follows:
North: RS-12 Vacant, SFDUs
East: RS-20 SFDUs
South: RS-12 SFDUs; Vacant Land
West: RS-12 SFDUs
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Low-Density
Residential. Goal H-2 suggests the City strive to maintain a variety of housing options for
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residents of the community. Land Use goal LU-2 directs the City to"maintain established
neighborhoods and ensure new neighborhoods are safe and enjoyable places to live, and
Policy LU-2-A, "Design major streets, schools,parks, and other public facilities that will
encourage the individual identities of neighborhoods."
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the SEPA checklist(SEPA 2022-007), the adopted City Comprehensive
Plan,City development regulations, and other information, a Mitigated Determination of
Non-Significance(MDNS)was issued for this project on April 15, 2022 (WAC 197-11-355).
Mitigation included the following:
6.1 An inadvertent discovery protocol must be established for the potential discovery of
cultural or historical artifacts before or during improvements/construction.
7. LOT LAYOUT: The proposed preliminary plat contains 15 suburban lots, which would have
access from dedicated internal streets,via Road 76. The lots range from 11,129 square feet to
28,458 square feet, the average lot size being 14,649 square feet. The proposal would be
consistent with the development standards of the RS-12 zoning district per PMC 25.65.050.
8. RIGHTS-OF-WAY: All lots will have frontage on streets to be dedicated as part of the plat.
All roads will be fully improved and completed with this subdivision. Per City Resolution
2545, approved 9 September 2000,"Continuous streets, or a street proposed to be continuous,
shall carry the same name throughout. If there is an interruption and there is no probability of
eventual connection the interrupted segments may bear different names." For this plat the
proposed Right-of-Way to be dedicated would be a continuation of the Ruby Street
alignment.
9. UTILITIES: Municipal Water is available to the parcel via 6" and 12" lines in Road 76 and
West Court Street, respectively. N 8" sewer line is located in the first 225 feet of Road 76
and in West Court Street.
10. IRRIGATION: This parcel is within Franklin County Irrigation District service area,
currently served and assessed by FCID. Owner shall be required to build a system within the
plat to deliver irrigation water to each of the new lots with proper irrigation easements for all
new lines installed. Prior to building of this system an engineering drawing shall be submitted
to FCID for review and comments. Development shall comply with RCW 58.17.310.
11. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval
per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. if no water rights are
available to transfer to the City the property, owner/developer must pay a water right fee in
lieu thereof.
12. PREVENT OVERCROWDING: Density requirements of the RS-12 zone are designed to
address overcrowding concerns. The Comprehensive Plan suggests the property in question
be developed with 2 to 5 dwelling units per acre. The proposed plat has a density of
approximately 2.55 units per acre. No more than 40 percent of each lot is permitted to be
covered with structures per the RS-12 standards.
13. PARKS OPEN SPACE/SCHOOLS:The closest park,Chiawana Park, is about 8/10 of a mile
away via West Court Street and West Clara Street; The Sacagawea Trail is about 1/3 mile to
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the south along Road 76; Kingspoint private school is adjacent to the southwest; Livingston
elementary is a little over a mile away along Road 80 and Bayberry Drive; McLoughlin
Middle School is about a mile and a half by way of Road 80 and Livingston Road; Chiawana
High School is also about 1.5 miles away via Road 80.
14. EFFECTIVE LAND USE/ORDERLY DEVELOPMENT: The plat is designed for single-
family residential development as identified in the Comprehensive Plan. The maximum
density permitted under the Comprehensive Plan is 8 dwelling units per acre. The developer
is proposing a density of 2.55 units per acre.
15. SAFE TRAVEL & WALKING CONDITIONS: The proposed plat includes adequate streets
and sidewalks. Curb, gutter, and sidewalk shall be installed and constructed to current City
standards and to the standards of the American's with Disabilities Act(ADA).
16. ADEQUATE PROVISION OF MUNICIPAL SERVICES: All lots within the plat will be
provided with water, sewer,and other utilities.
17. PROVISION OF HOUSING FOR STATE RESIDENTS: The proposed plat contains 15
suburban lots providing the opportunity for the construction of 15 new dwelling units in
Pasco.
18. ADEQUATE AIR AND LIGHT: The maximum lot coverage limitations, building height
restrictions, and building setbacks will assure that adequate movement of air and light is
available to each lot.
19. PROPER ACCESS & TRAVEL: The plat will be developed to City standards to assure
proper access is maintained to each lot. Connections will be made to Road 76.
20. COMPREHENSIVE PLAN POLICIES & MAPS: The Comprehensive Plan designates the
plat site for Low-Density Residential development. Policies of the Comprehensive Plan
encourage the advancement of home ownership and suggest the City strive to maintain a
variety of housing for residents.
21. Housing Goals and Policies of the Comprehensive Plan that pertain to this development
include: H-1: Encourage housing for all economic segments of the city's population; H-2:
Strive to maintain a variety of housing consistent with the local and regional market; Policy
H-2-A: Allow for a full range of residential enviromnents including single family homes and
manufactured housing.
22. The applicant is proposing to construct 15 suburban lots at a density of 2.55 dwelling units
per acre to meet the intent of the Comprehensive Plan.
23. The Public Notice was mailed out and published in the Tri-City Herald on May 23, 2022.
24. The site is within the City of Pasco.
25. The State Growth Management Act requires urban growth and urban densities to occur within
the Urban Growth Boundaries.
26. The site consists of two lots zoned RS-12 (Suburban).
27. The site contains two SFDUs,a shop, and two outbuildings
28. The site is not considered a critical area, a mineral resource area or a wetland.
29. The site's Comprehensive Plan designation is for Low-Density Residential development,
which specifies residential development of 2 to 5 dwelling units per acre.
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30. The site is zoned RS-12 (Suburban).
31. The proposed subdivision is in conformance with the RS-12 zoning requirements of the site.
32. The minimum lot area in the RS-12 zone for Single-family residential dwellings is 12,000
square feet.
33. The developer is proposing 2.55 dwelling units per acre.
34. The Housing Element of the Comprehensive Plan encourages the advancement of programs
that promote home ownership and development of a variety of residential densities and
housing types.
35. The Transportation Element of the Comprehensive Plan encourages the interconnection of
neighborhood streets to provide for the disbursement of traffic.
36. The interconnection of neighborhood streets is necessary for utility connections (looping) and
the provision of emergency services.
37. Per City Resolution 2545 "Continuous streets, or a street proposed to be continuous, shall
carry the same name throughout.
38. The proposed Right-of-Way aligns with Ruby Street, and will be named according to that
alignment.
39. Per the ITE Trip Generation Manual 9th Edition, the proposed subdivision, when fully
developed,will generate approximately 5.81 trip/unit * 15 units =87.15 trips per day.
40. The current park impact fee is $1,734 per dwelling unit.
41. RCW 58.17.110 requires the City to make a finding that adequate provisions have been made
for schools before any preliminary plat is approved.
42. The City of Pasco has adopted a school impact fee ordinance compelling new housing
developments to provide the School District with mitigation fees. The fee was effective April
16, 2012.
43. Past correspondence from the Pasco School District indicates impact fees address the
requirement to ensure adequate provisions are made for schools.
44. Plat improvements within the City of Pasco are required to comply with the 2020 Standard
Drawings and Specification as approved by the City Engineer. These improvements include
but are not limited to water, sewer and irrigation lines, streets, streetlights, and storm water
retention. The handicapped-accessible pedestrian ramps are to be completed with the street
and curb improvements prior to final plat approval. Sidewalks are installed at the time
permits are issued for new houses, except sidewalks along major streets, which are installed
with the street improvements.
45. The assignment of water rights is a requirement for subdivision approval per Pasco Municipal
Code Section 26.04.115(B)and Section 3.07.160.
46. The developer is responsible for all costs associated with construction, inspection, and plan
review service expenses incurred by the City Engineering Office.
47. The City has nuisance regulations (PMC 9.60) that require property owners (including
developers) to maintain their properties in a manner that does not injure, annoy, or endanger
the comfort and repose of other property owners. This includes controlling dust, weeds and
litter during times of construction for both subdivisions and buildings including houses.
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48. Adequate provisions are made for the public health, safety and general welfare and for open
spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes,
parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking
conditions for students and other public needs.
48.1 The proposed plat will be required to develop under the standards of the Pasco
Municipal Code and the standard specifications of the City Engineering Division.
These standards for streets, sidewalks, and other infrastructure improvements were
designed to ensure the public health, safety, and general welfare of the community.
These standards include provisions for streets, drainage, water and sewer service and
the provision for dedication of right-of-way. The preliminary plat was forwarded to
the PUD, the Pasco School District, Cascade Gas, Charter Cable, Franklin County
Irrigation District, and Ben-Franklin Transit Authority for review and comment.
48.2 Based on the School District's Capital Facilities Plan the City collects school
mitigation fees for each new dwelling unit. The fee is paid at the time of building
permit issuance. The school impact fee addresses the requirements of RCW
58.17.110. All new developments participate in establishing parks through the
payment of park fees at the time of permitting.
49. The proposed Plat makes efficient use of vacant land and will provide for the looping of
utilities and interconnectivity of streets as supported in the Comprehensive Plan. The
proposed subdivision will provide street improvements within the plat as per City standards;
connections will be made to Road 76.
50. The Comprehensive Plan land use map designates the site and surrounding properties for
Low-Density Residential development and may be developed with modified factory-
assembled homes and Single-family residential dwelling units. Policies of the Comprehensive
Plan encourage the advancement of home ownership and suggest the City strive to maintain a
variety of housing for residents.
51. The plat indicates a density of 2.55 dwelling units per acre, which falls within the density
range established by the Comprehensive Plan.
52. The Housing Element of the Plan encourages the promotion of a variety of residential
densities and suggests the community should support the advancement of programs
encouraging home ownership. The Plan also encourages the interconnection of local streets
for inter-neighborhood travel for public safety as well as providing for traffic disbursement.
53. An open record public hearing after due legal notice was held on June 8, 2022 via Zoom
videoconference.
54. Appearing and testifying on behalf of the Applicant at the hearing was Hilario Zaragoza. Mr.
Zaragoza indicated that he was agent authorized to appear and speak on behalf of the
Applicant and property owner. Mr. Zaragoza indicated that he agreed with all the
representations set forth within the staff report and the proposed conditions. Mr. Zaragoza
testified that all lots could be developed with a single family residence and normal accessory
structures without the need for a variance.
55. No member of the public testified at the hearing.
56. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
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57. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
11. CONCLUSIONS OF LAW
Before recommending approval or denial of the proposed Plat the Hearing Examiner must develop
findings of fact from which to draw its conclusion(PMC 21.25.060)therefrom as to whether or not:
1. The proposed subdivision contributes to the orderly development and land use patterns in the
area.
2. The proposed subdivision conforms to the policies, maps, and narrative text of the
Comprehensive Plan.
3. The proposed subdivision conforms to the general purposes of any applicable policies or
plans which have been adopted by the City Council:
3.1 Development plans and policies have been adopted by the City Council in the form
of the Comprehensive Plan. The proposed subdivision conforms to the policies,
maps, and narrative text of the Plan.
4. As conditioned,the proposed subdivision conforms to the subdivision regulations.
5. The public use and interest will be served by approval of the proposed subdivision.
6. As conditioned the project is consistent with the Pasco Municipal Code and the Pasco
Comprehensive Plan.
7. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III. CONDITIONS OF APPROVAL
All conditions imposed by this decision shall be binding on the applicant,which includes the owner
or owners of the properties, heirs, assigns,and successors.
1. All improvements shall be in accordance with the Pasco Municipal Code. The Pasco
Municipal Code adopts the most recent versions of the City of Pasco Standard Specifications,
the Washington State Department of Transportation Standard Specifications f'or Road,
Bridges, and Municipal Construction, the International Building Code, and the International
Fire Code. If there are any conflicting regulations in any of these documents, the more
stringent regulation shall apply.
2. The face of the plat shall include this statement: "As a condition of approval of this short plat
the owner has waived the right to protest the formation of a Local Improvement District for
right-of-way and utility improvements to the full extent as permitted by RCIV 35.43.182."
3. The face of the final plat shall include this statement: "The individual or company making
improvements on a lot or lots of this plat is responsible for providing and installing all
trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's
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primary and secondary distribution system in accordance with PUD specifications; said
individual or company will make full advance payment of line extension fees and will provide
all necessary utility easements prior to PUD construction and/or connection of any electrical
service to or within the plat."
4. Any existing water rights associated with the subject property shall be transferred to the City
as a condition of approval. If no water rights are available then the property owner, in
accordance with PMC 21.05.120, shall pay to the City, in lieu thereof, a water rights
acquisition fee as established in the City Fee Summary Ordinance as identified in PMC 3.35.
5. Only City and other utilities with franchise agreements are allowed in the public right of way.
6. Any and all overhead power is required to be re-routed below ground, unless applicant can
demonstrate that such undergrounding is technically or financially unfeasible.
7. It shall be the responsibility of the property owner/developer to contact all utility owners to
determine their system improvement requirements. Prior to subdivision construction plan
submittal and/or review the property owner/developer shall provide to the City of Pasco
written support/approval of the proposed development from all outside utilities, public and
private.
8. Applicant and the City shall enter into a Sewer System Extension Agreement or other similar
legal instrument with the express intent and purpose of bringing sewer service to the
subdivision.
9. All fee payments for bonding of ROW improvements and Water Rights must be paid at the
time of Final Plat being submitted for signatures.
10. Street lighting will need to be considered, as there is none fronting the project area. Lighting
shall comply with the Pasco Municipal Code.
11. All stormwater is required to be maintained and treated on site in accordance with
Washington State Department of Ecology and City of Pasco Standards.
12. The City requires all utilities to be extended to-and-through the property being developed, as
such the sewer should be extended to the northern property line within Road 76 for future
extension north.
13. Fire Apparatus access roads shall comply with IFC 503.1. Fire Apparatus access roads shall
be provided and maintained in accordance with locally adopted street, road and access
standards.
14. Plans for new developments need to provide information as to connection with other streets
to maintain continuity of traffic flow for emergency response in a timely manner. Continuity
of traffic flow is critical.
15. Fire hydrants typically will be installed on alternating sides of the street on five hundred foot
spacing in residential areas. Cul-de-sacs that are greater than two hundred feet in length, as
measured from the main street entrance to the bulb, shall have a hydrant placed prior to the
curb return entering the turnaround. Cul-de-sacs over three hundred feet shall have hydrants
at the entrance and at the turnaround prior to the curb return. Hydrants shall be installed and
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maintained so that the radius of forty-eight inches of clearance around the hydrant. The
hydrants shall be visible within a distance of fifty feet in any direction of fire Apparatus
approach.
16. Dead-end roads greater than one hundred feet shall be provided with a turnaround, as per IFC
Section 5.
17. Structures to remain must maintain minimum 10' side setbacks. Setbacks for the structures
should be detailed on the plat.
18. Plat shall detail existing conditions, such as the names of neighboring subdivisions and
property lines of all adjacent properties.
19. The final plat shall include a comment stating: "existing regulations regarding sight distance,
fence height, and setbacks may affect the placement of fences and driveways on Lots 3 and
15."
20. Applicant shall indicate if the property to the north (Allen) is able to be served through the
proposed sewer. If it is not possible,the reason shall be provided and indicated on the plans.
IV. DECISION
Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner APPROVES
the application for a Preliminary Plat for the Allison Court 15 lot subdivision.
Dated this 14`h day of June, 2022.
CITY P �SCOO G EXAMIN
A w L. Kottkamp
Absent a timely appeal,this Decision is final'
' See Ch. 36.70C RCW(establishing a 21 day appeal period to superior court, and setting forth necessary
review contents,along with filing and service requirements).
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