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HomeMy WebLinkAboutHE Determination PP 2022-001 AMI Pasco - Argent Rd Plat CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, PP 2022-001 ) CONDITIONS OF APPROVAL AND Knutzen Engineering ) DECISION THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on August 10, 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 Legal: Parcel 118552031: The North 264.31 feet of the South ''/z of the Northwest'A of the Northwest '/4 of the Northwest'/4 of Section 22 Township 9 North Range 29 East, WM., records of Franklin County, WA. 1.2 Parcel 118552081: The North '/z of the Northwest'/4 of the Northwest '/a of the Northwest '/4 of Section 22 Township 9 North Range 29 East, WM. Except the West 220 feet, Except road ROW, records of Franklin County, WA. 1.2 General Location: Two parcels of land located at the 6700 block of West Argent Rd near the southeast corner of West Argent Rd and Road 68, Pasco, WA. 1.3 Property Size: The site contains approximately 47.36 acres(2,063,001.60 sq. ft.). 1.4 Applicant:Nathan Machiela for Knutzen Engineering, 5401 Ridgeline Dr., Suite 160 Kennewick, WA 99338. 1.5 Request: Preliminary Plat:AMI Pasco Development Plat(62 Zero-lot-line Lots). 2. ACCESS: The site has access from Road 68 and West Argent Road. 3. UTILITIES: Water utilities and sewer lines are available from both Road 68 and West Argent Road. 4. LAND USE AND ZONING: The site is currently vacant and zoned R-3 (Medium-Density Residential). Surrounding properties are zoned and developed as follows: North: R-4; C-1; RS-12 Vacant,Office, SFDUs East: RS-12 SFDUs South: RS-20(County) SFDUs; Vacant Land West: RS-20 (County); C-1 Vacant Land; SFDUs PP 2022-001 AMI Pasco Development Plat Page 1 of 8 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Mixed Residential/Commercial. Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community including Lot-Line housing. 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 20,2021 (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. 6.2 A traffic impact analysis to determine the impacts of additional vehicle trips and the need for traffic mitigation measures shall be prepared in accordance with the City of Pasco's most recent Design and Construction Standards and Specifications. 7. The MDNS was not appealed. 8. LOT LAYOUT: The proposed preliminary plat contains 62 zero-lot-line lots,which would have access from dedicated internal streets, via Road 68 and West Argent Road. The lots range from 3,000 square feet to 6,540 square feet,the average lot size being 3,483 square feet. The area was recently rezoned to R-3 (Medium-density Residential) zoning. The proposal would be consistent with the development standards of the R-3 zoning district per PMC 25.65.050. 9. 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. 10. UTILITIES: Municipal Water is available to the parcel via 16" and 20" lines in Road 68 and West Argent Road, respectively. A 24"sewer line is located in West Argent Road. 11. 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. 12. 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. 13. PREVENT OVERCROWDING: Density requirements of the R-3 zone are designed to address overcrowding concerns. The Comprehensive Plan suggests the property in question be developed with 5 to 29 dwelling units per acre. The proposed plat has a density of approximately 8.38 units per acre. PP 2022-001 AMI Pasco Development Plat Page 2 of 8 14. PARKS OPEN SPACE/SCHOOLS: The closest park, Palomino Park is about '/2 mile away via West Argent Road and Saratoga Lane. Chiawana High School is approximately 1/2 mile to the west via West Argent Road. The Hearing Examiner is required by RCW 58.17.110 to make a finding that adequate provisions are being made to mitigate the impacts of the proposed subdivision on the School District. At the request of the School District, the City enacted a school impact fee in 2012. The imposition of this impact fee addresses the requirement to ensure there are adequate provisions for schools. A school impact fee in the amount of$4,700 will be charged for each new dwelling unit at the time of building permit issuance. The Hearing Examiner finds that adequate provisions have been made to mitigate the impacts on the school district. 15. EFFECTIVE LAND USE/ORDERLY DEVELOPMENT: The plat is designed for zero-lot- line development as identified in the Comprehensive Plan. The density range for the Mixed Residential/Commercial designation of the Comprehensive Plan is 5 to 29 dwelling units per acre. The developer is proposing a density of 8.38 units per acre, which is well within those parameters. 16. 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). The Draft Pasco Transportation System Master Plan shows that the bus stops on Argent Road along the project site/s frontage are planned to be upgraded from basic stops to bus shelters. Coordination with Ben Franklin Transit may be needed to ensure frontage improvements on Argent Road are compatible with the planned bus shelters. 17. ADEQUATE PROVISION OF MUNICIPAL SERVICES: All lots within the plat will be provided with water, sewer,and other utilities. 18. PROVISION OF HOUSING FOR STATE RESIDENTS: The proposed plat contains 62 zero-lot-line lots providing the opportunity for the construction of 62 new dwelling units in Pasco. 19. 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. 20. 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 West Argent Road and Road 68. 21. COMPREHENSIVE PLAN POLICIES & MAPS: The Comprehensive Plan designates the plat site for medium-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. 22. The Comprehensive Plan designates the plat site for Mixed Residential/Commercial 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. PP 2022-001 AMI Pasco Development Plat Page 3 of 8 23. Housing Goals and Policies of the Comprehensive Plan that pertain to this development include the following: Goal H-1: Encourage housing for all economic segments of the city's population; Goal 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 environments including single family homes, townhomes, condominiums, apartments and manufactured housing. 24. The applicant is proposing to construct 62 zero-lot-line lots at a density of 8.38 dwelling units per acre to meet the intent of the Comprehensive Plan. 25. The Public Notice was mailed out and published in the Tri-City Herald on July 12,2022. 26. The site is in the City of Pasco. 27. The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. 28. The site is currently vacant. 29. The site is not considered a critical area,a mineral resource area or a wetland. 30. The site's Comprehensive Plan designation is for Mixed Residential/Commercial development, which specifies residential development of 5 to 29 dwelling units per acre. 31. The developer is proposing 8.38 dwelling units per acre. 32. The site is zoned R-3 (Medium-Density Residential). 33. The proposed subdivision is in conformance with the R-3 zoning requirements of the site. 34. The minimum lot area in the R-3 zone for zero-lot-line dwellings is 3,000 square feet. 35. 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. 36. The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic. 37. The interconnection of neighborhood streets is necessary for utility connections(looping)and the provision of emergency services. 38. As per the Traffic Impact Analysis (TIA), this project when fully developed is anticipated to generate 422 vehicle trips during a typical weekday, including 27 during the AM peak hour and 33 during the PM peak hour. 39. The Draft Pasco Transportation System Master Plan shows that the bus stops on Argent Road along the project site/s frontage are planned to be upgraded from basic stops to bus shelters. 40. Coordination with Ben Franklin Transit may be needed to ensure frontage improvements on Argent Road are compatible with the planned bus shelters. PP 2022-001 AMI Pasco Development Plat Page 4 of 8 41. The current park impact fee is $1,734 per dwelling unit. 42. 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. 43. 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. 44. Past correspondence from the Pasco School District indicates impact fees address the requirement to ensure adequate provisions are made for schools. 45. Required plat improvements include water, sewer and irrigation lines,streets,streetlights and storm water retention. 46. 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. 47. The developer is responsible for all costs associated with construction, inspection, and plan review service expenses incurred by the City Engineering Office. 48. The developer is responsible for all costs associated with construction, inspection, and plan review service expenses incurred by the City Engineering Office. 49. 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. 50. Required property maintenance includes controlling dust, weeds and litter during and after times of construction for both subdivisions and buildings, including houses. 51. An open record public hearing after due legal notice was held on August 10, 2022 via Zoom videoconference. 52. Appearing and testifying on behalf of the Applicant at the hearing was Gavin Gervais. Mr. Gervais indicated that he was agent authorized to appear and speak on behalf of the Applicant and property owner. Mr. Gervais testified that he agreed with all the representations set forth within the staff report. He testified that the Applicant/property owner did not have any objection to any of the proposed Conditions of Approval. 53. The following members of the public testified at the hearing: 53.1 Jim Hilgartner. Mr. Hilgartner testified that the calculation of density should not include the areas set aside for streets and sidewalks. He stated that the current proposed density is not consistent with neighboring properties. There is no gradual increase in density between neighboring properties and the Applicant's property. He disagreed with the traffic impact analysis numbers that were used in the making of the analysis as to impacts. He asked that perimeter lots be changed to 5,000 to 6,000 sq.ft. per lot. He had concerns about property values being negatively impacted. PP 2022-001 AMI Pasco Development Plat Page 5 of 8 53.2 Steven Baughman. Mr. Baughman testified in support of the project. He indicated that he was part of a crew that cleaned up this particular parcel several years ago. He believed that additional housing in Pasco is needed. 53.3 Allan Seuell. Mr. Seuell lives adjacent to the development. It is his opinion that the proposed density is out of character with the vicinity and that traffic is much greater than that set forth within the traffic impact analysis. 54. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 55. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II. CONCLUSIONS OF LAW Before recommending approval or denial of the proposed Plat the Hearing Examiner must develop findings of fact fi•om which to draw its conclusion (PMC 21.25.060)therefrom as to whether or not: 1. 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. 1.1 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. The Draft Pasco Transportation System Master Plan shows that the bus stops on Argent Road along the project site/s frontage are planned to be upgraded from basic stops to bus shelters. Coordination with Ben Franklin Transit may be needed to ensure frontage improvements on Argent Road are compatible with the planned bus shelters. 12 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. 2. The proposed subdivision contributes to the orderly development and land use patterns in the area. 2.1 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 West Argent Road and Road 68. PP 2022-001 AMI Pasco Development Plat Page 6 of 8 3. The proposed subdivision conforms to the policies, maps, and narrative text of the Comprehensive Plan. 3.1 The Comprehensive Plan land use map designates the site for Mixed Residential/Commercial development and may be developed with modified factory- assembled homes and Lot-Line dwelling units. 3.2 Mixed Residential/Commercial specifies development at a density of 5 to 29 dwelling units per acre. Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. 3.3 The plat indicates a density of 8.38 dwelling units per acre, which falls within the density range established by the Comprehensive Plan. 3.4 The Housing Element of the Plan encourages the promotion of a variety of residential densities. The Plan also encourages the interconnection of local streets fbr inter- neighborhood travel fbr public safety as well as providing for traffic disbursement. 4. The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council. 4.1 Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision does not conform to the policies, maps, and narrative text of the Comprehensive Plan as noted in number three above. 5. The proposed subdivision conforms to the general purposes of the subdivision regulations. 5.1 The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the subdivision is not in conformance with the general purposes of the subdivision regulations provided certain mitigation measures (i.e.,school impact fees are paid). 6. The public use and interest will be served by approval of the proposed subdivision. 6.1 The proposed plat, if approved, will be developed in accordance with all City standards designed to ensure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this plat. These factors will ensure the public use and interest are served. 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 for 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. PP 2022-001 AMI Pasco Development Plat Page 7 of 8 2. The face of the final plat shall include this statement: "As a condition of approval of this final plat the owner waives the right to protest the formation of a Local Improvement District for sewer/water/road/sidewalk improvements to the full extent as permitted by RCW 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 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. All overhead power is required to be re-routed below ground, unless applicant can demonstrate that such undergrounding is technically or financially unfeasible. 6. 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. 7. All fee payments for bonding of ROW improvements and Water Rights must be paid at the time of Final Plat being submitted for signatures. 8. Coordination with Ben Franklin Transit shall be done to ensure frontage improvements on Argent Road are compatible with the planned bus shelters; Applicant shall provide results of this coordination to the Community&Economic Development Director. IV. DECISION Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner APPROVES application (PP 2022-001)for a Preliminary Plat. Dated this day of August, 2022. CITYF Y IiEARING EXAMINER An rew 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). PP 2022-001 AMI Pasco Development Plat Page 8 of 8