HomeMy WebLinkAboutHE Determination PP 2022-002 The Dunes CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
PP 2022-002 ) CONDITIONS OF APPROVAL AND
The Dunes—Big Sky Developers ) DECISION
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
September 14, 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 8 of Record Survey#1932653, located in Section 7,Township 9 North,
Range 29 East,W.M.Records of Franklin County, Washington(Parcel 115210038).
1.2 General Location: Located south of and adjacent Burns Road approximately 3/4 mile
west of Broadmoor Boulevard,Pasco, WA 99301
1.3 Property Size: The site contains approximately 47.36 acres(2,063,001.60 sq.ft.).
1.4 Applicant: Big Sky Developers c/o Caleb Stromstad, 5426 N Road 68,Box D-113,
Pasco WA 99301.
2. ACCESS: The parcel has access from Burns Road.
3. UTILITIES: Municipal water is available in Burns Road; a 30' sewer main has recently been
brought north from West Court Street to service new development in the area.
4. LAND USE AND ZONING: The site was recently rezoned from RT(Residential Transition)
to R-3 (Medium-Density Residential; Ordinance 4578)and is vacant. Surrounding properties
are zoned and developed as follows:
NORTH: RS-20(County)Single Family Dwellings
EAST: RT Vacant
SOUTH: RT Vacant
WEST: R-1 Vacant/SFDUs
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for
medium-density residential development.According to the Comprehensive Plan,medium-
density residential development means 6 to 20 dwelling units per acre.The criteria for
allocation under the future land use section of Volume H of the Comprehensive Plan(Vol.II,
page 17)encourages development of lands designated for medium-density residential uses
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when or where sewer is available,the location is suitable for home sites,and there is a market
demand for new home sites. Policy H-1-E encourages the advancement of home ownership,
and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of
the community. Goal LU-2 encourages the maintenance of established neighborhoods and the
creation of new neighborhoods that are safe and enjoyable places to live.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the SEPA checklist(SEPA 2020-063),the adopted City Comprehensive
Plan, City development regulations, and other information, a Mitigated Determination of
Non-Significance(MDNS)was issued for this project on July 7, 2022 (WAC 197-11-355).
This MDNS was subsequently withdrawn and replaced with a revised DNS on August 29,
2022. This revised DNS has not been appealed.
7. LOT LAYOUT: The proposed preliminary plat contains 222 single-family lots, all of which
would have access from dedicated internal streets,via an access/egress point at Burns Road.
Additional access/egress points will be required with the extensions of both Sandifer
Parkway and Dent Road to the site.The lots range from 4,948 square feet to 15,048 square
feet,the average lot size being 6,186 square feet.The area was recently rezoned from RT
(Residential Transition)to R-3 (Medium-Density Residential)zoning(Ordinance 4578). The
proposal would be consistent with the development standards of the R-3 zoning district per
PMC 25.65.050.
8. RIGHTS-OF-WAY: All lots will have frontage on local access roads to be dedicated as part
of the plat.All roads will be fully improved and completed with this subdivision.No lots will
have direct access to an arterial street.
9. UTILITIES: Municipal water is available via an 8' line in Burns Road. A 30' sewer main has
recently been brought north from West Court Street to service new development in the area.
10. IRRIGATION: This parcel is within the Franklin County Irrigation District service area but
has been classified as non-irrigatable under the FCID operational standards and specifications
because it is not located near any FCID facilities. As such, it is not being served or assessed
by FCID. The 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.The 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 21.05.120(1) and Section 3.35.160. 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 R-3 zone are designed to
address overcrowding concerns. The Comprehensive Plan suggests the property in question
be developed with 6 to 20 dwelling units per acre. The proposed plat has a density of
approximately 4.7 units per acre, which is well below the Comprehensive Plan density
threshold for the area. However, the application for this proposal became vested on January
26, 2022. Ordinance 4575 which codified minimum densities was adopted on January 24,
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2022, published on January 27, 2022, and took effect on February 1, 2022. No more than 60
percent of each lot is permitted to be covered with structures per the R-3 standards.
13. PARKS OPEN SPACE/SCHOOLS: There are no City of Pasco parks nearby. Reynolds
Middle School and Columbia River Elementary are approximately 1.3 miles to the east of the
site along Burns Road; Delta STEM High School is also around 1.3 miles away, traveling
east along Burns Road and then south on Broadmoor Road. The City is required by RC W
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 single-family dwelling unit at the time of
building permit issuance. The Pasco Comprehensive Plan adopted a neighborhood park
standard ratio of 2 acres/ 1,000 residents.
14. EFFECTIVE LAND USE/ORDERLY DEVELOPMENT: The density suggested under the
Comprehensive Plan is 6 to 20 dwelling units per acre. The developer is proposing a density
of 4.7 units per acre, which is well below the target density range for this area. However, the
application for this proposal became vested on January 26, 2022; Ordinance 4575 which
codified minimum densities was adopted on January 24, 2022, published on January 27,
2022, and took effect on February 1, 2022. Pasco Municipal Code 21.15.010(1) specifies that
street patterns shall take into consideration access needed to develop adjacent properties. A
revised plat submitted on August 4, 2022, illustrates the extension of Buckingham Drive
satisfying this requirement.
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). 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. As per PMC 21.20.010 Blocks shall not exceed 1,320
feet." Blocks for Lots 14-42 and 56-77 are over 1,320 feet in length.A revised plat submitted
on August 4, 2022, confirms the placement of a non-motorized pathway for bicycle or
pedestrian use in conformance with PMC 21.15.100 providing access of exceptionally long
blocks.
16. ADEQUATE PROVISION OF MUNICIPAL SERVICES: All lots within the plat will be
provided with water, sewer, and other utilities. This parcel is within the Franklin County
Irrigation District service area but has been classified as non-irrigatable under the FCID
operational standards and specifications because it is not located near any FCID facilities. See
Findings of Fact No. 10 above.
17. PROVISION OF HOUSING FOR STATE RESIDENTS: The proposed plat contains 222
single-family lots providing the opportunity for the construction of 222 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.
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19. PROPER ACCESS & TRAVEL: The plat will be developed to City standards to assure
proper access is maintained to each lot. A connection will be made to the Burns Road
access/egress point. Additional access/egress points will be required with the extensions of
both Sandifur Parkway and Dent Road to the site. All lots will have frontage on streets to be
dedicated. Pasco Municipal Code 21.15.010(1) specifies that street patterns shall take into
consideration access needed to develop adjacent properties. A revised plat submitted on
August 4, 2022, illustrates the future extension of Buckingham Drive satisfying this
requirement. As per 21.20.020 "The width of the block under normal conditions shall be
sufficient to allow for two tiers of lots with easements. One tier of lots shall be provided
between a local access street and an arterial." The Future Street Functional Classification
System designates both Burns Road and Sandifur Parkway as Arterial Streets. As such,
single-tier lots with estate fences would be justified when these are developed as arterial
streets as per the Comprehensive Plan. Streets not intended to be Arterials should not have a
single tier of lots next to them. Dent Road (Road 115) is designated as a collector Street;
blocks for Lots 55-74 should be double-tiered along Dent Road (Road 115). However, the
design of one-tier of lots on Dent Road is permitted due to the alignment of the existing sewer
trunk main designed and approved by the Pasco Public Works Department, which presents a
specific condition in which conformance with PMC 21.20.020 is not feasible.
20. 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 the City maintain a broad range of
residential land use designations to accommodate a variety of housing opportunities.
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 environments including single family homes,
townhomes, condominiums, apartments and manufactured housing.
22. The applicant is proposing to construct 222 single-family lots at a density of 4.7 dwelling
units per acre. The proposed density is not within the threshold density for the Medium-
Density Area. However, the application for this proposal became vested on January 26,
2022. Ordinance 4575 which codified minimum densities was adopted on January 24, 2022,
published on January 27, 2022, and took effect on February 1, 2022. As such, strict
compliance with density standards is not required for this plat. See Finding of Fact No. 12,
above.
23. The Public Notice was mailed out and published in the Tri-City Herald on August 22, 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 is zoned R-3 (Medium-Density Residential).
27. A rezone from RT to R-3 was approved in 2022.
28. The minimum lot area in the R-3 zone for single-family dwellings is 4,500 square feet
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29. The site is vacant.
30. The site is considered a shrub-steppe habitat. The applicant is required to pay a mitigation for
the shrub-steppe habitat, as referenced in the grading permit for this site.
31. The site's Comprehensive Plan designation is for Medium-Density Residential development.
32. Medium-Density Residential development specifies 6 to 20 dwelling units per acre.
33. The developer is proposing 4.7 dwelling units per acre, which is well below the
Comprehensive Plan density range for the area.
34. The application for this proposal became vested on January 26, 2022.
35. Ordinance 4575 which codified minimum densities took effect on February 1, 2022, after the
present plat application was vested.
36. Lots 34, 35, 36, 55, 56, 73, 74, and 75 are located on street"knuckles."
37. Furthermore, lots over 10,000 square feet are required to have a minimum of 90' of frontage
unless located on a cul-de-sac.
38. Lots 34, 35, 36, and 55 exceed the 10,000 sq. ft. lot size threshold and are located on street
"knuckles."
39. PMC 21.10.020 defines a cul-de-sac as "a road closed at one end by a circular area of
sufficient size for turning vehicles around".
40. Knuckles do not qualify as cul-de-sacs as they are not a closed road/not a road at all.
41. The design and use of"knuckles" are not specifically identified in the Pasco Municipal Code
or the City Design and Construction Standards.
42. Because "knuckles" are not cul-de-sacs, the Applicant will have to design the lot sites and/or
configurations so that they all comply with the PMC.
43. Development phasing is set up in such a way that Dent Road and Sandifur Parkway would
not be improved until the final phase, making secondary accesses unavailable until the final
phase of development. This is both a traffic and fire concem.
44. Two separate and approved Apparatus access roads must be provided where the number of
dwelling units exceeds 30.
45. Access roads must be placed not less than 1/2 of the length of the maximum overall diagonal
dimension of the property or area to be served, measured in a straight line between accesses,
as per IFC Section D 106.3
46. Two access roads are required for each phase as outlined.
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47. As per IFC Section D 106.3., access roads must be placed not less than 1/2 of the length of the
maximum overall diagonal dimension of the property or area to be served, measured in a
straight line between accesses.
48. 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.
49. The Transportation Element of the Comprehensive Plan encourages the interconnection of
neighborhood streets to provide for the disbursement of traffic.
50. The interconnection of neighborhood streets is necessary for utility connections(looping)and
the provision of emergency services.
51. Pasco Municipal Code 21.15.01 0(l)specifies that street patterns shall take into consideration
access needed to develop adjacent properties.
52. All lots will have frontage on future streets as part of the plat.
53. Per the ITE Trip Generation Manual 9th Edition, the proposed subdivision, when fully
developed,will generate approximately 2,113.44 trips per day (9.52 trip/unit * 222 units).
54. The current park impact fee is $1,679 per dwelling unit.
55. 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.
56. 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.
57. Past correspondence from the Pasco School District indicates impact fees address the
requirement to ensure adequate provisions are made for schools.
58. 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.
59. Handicapped-accessible pedestrian ramps are to be completed with the street and curb
improvements prior to final plat approval.
60. Sidewalks are installed at the time permits are issued for new houses, except sidewalks along
major streets,which are installed with the street improvements.
61. The assignment of water rights is a requirement for subdivision approval per Pasco Municipal
Code Section 21.05.120(1)and Section 3.35.160.
62. If no water rights are available to transfer to the City the property, owner/developer must pay
a water right fee in lieu thereof.
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63. The developer is responsible for all costs associated with construction, inspection, and plan
review service expenses incurred by the City Engineering Office.
64. 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
65. An open record public hearing after due legal notice was held on September 14, 2022 via
Zoom videoconference.
66. Appearing and testifying on behalf of the Applicant at the hearing were Mark Fickes, attorney
for the Applicant, and Caleb Stromstad. Mr. Fickes provided legal argument regarding the
Plat. He indicated that all Conditions of Approval were acceptable. However, there were
some questions.
67. Regarding proposed Condition of Approval No. 1, he asked that language from the
September 14, 2022 email from Caleb Stromstad to Rick White be included as a part of
proposed Condition of Approval No. 1.
68. Mr. Fickes argued that proposed Conditions of Approval No. 2 and 4 were not really
Conditions of Approval.
69. Finally, Mr. Fickes asked that proposed Condition of Approval No. 10 be limited only to
those overhead utilities serving this specific plat.
70. Mr. Stromstad testified that he was also an agent authorized to appear and speak on behalf of
the Applicant and property owner. He agreed with Mr. Fickes on the revisions to the
proposed Conditions of Approval.
71. Mr. Stromstad confirmed that some of the overhead lines to do not serve this specific
subdivision.
72. No member of the public testified at the hearing.
73. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
74. 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 from 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
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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. As
per International fire Code (IFC) Section D107, no more than 30 lots will be allowed
without the dedication of ROW and development of secondary access into the
subdivision.
1.2 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.
2. The proposed subdivision contributes to the orderly development and land use patterns in the
area. The proposed Plat makes efficient use of vacant land.
2.1 The proposed subdivision will provide street improvements within the plat as per
City standards. A connection will be made to Burns Road to the west. The applicant
is proposing to construct 222 single-family lots at a density of 4.7 dwelling units per
acre; the proposed density is not within the threshold density for the Medium-Density
Area. However,the application for this proposal became vested on January 26, 2022;
Ordinance 4575 which codified minimum densities was adopted on January 24,2022,
published on January 27, 2022, and took effect on February 1, 2022. As such, strict
compliance with density standards is not required for this plat.
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 and all surrounding
properties for Medium-Density Residential development and may be developed with
single family homes, townhomes, condominiums, apartments and manufactured
housings.
3.2 Medium-Density Residential specifies development at a density of 6 to 20 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 4.7 dwelling units per acre, which does not meet the
density range established by the Comprehensive Plan. However, the application for
this proposal became vested on January 26, 2022; Ordinance 4575 which codified
minimum densities was adopted on January 24, 2022,published on January 27, 2022,
and took effect on February 1, 2022. As such, strict compliance with density
standards is not required for this plat.
3.4 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.
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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 conforms 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. Housing Goals and Policies of
the Comprehensive Plan that pertain to this development include Housing Goal H-1:
Encourage housing for all economic segments of the city's population;Housing Goal
H-2: Strive to maintain a variety of housing consistent with the local and regional
market; Housing Policy H-2-A: Allow for a full range of residential environments
including single family homes, townhomes, condominiums, apartments and
manufactured housing.
5.2 The applicant is proposing to construct 222 single-family lots at a density of 4.7
dwelling units per acre. The proposed density is not within the threshold density for
the Medium-Density Area. However, the application for this proposal became vested
on January 26, 2022; Ordinance 4575 which codified minimum densities was
adopted on January 24, 2022, published on January 27, 2022, and took effect on
February 1, 2022. As such, strict compliance with density standards is not required
for this plat.
5.3 The Findings of Fact indicate the subdivision is 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. Project must participate in a proportional share of the improvements for the intersection
improvements at Broadmoor Boulevard and Burns Road, the cost of which shall be not less
than $846/trip and not to exceed $1,753/trip. This shall be implemented through a voluntary
agreement under RCW 82.02.020 to be prepared by the City and reviewed and reasonably
approved by the Applicant prior to final plat approval, with the Applicant's final
proportionate share based upon the City's adopted traffic improvement plans for the
intersection, commercially reasonable cost estimates for the project, and past email
communications between staff and the Applicant.
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2. Street patterns shall take into consideration access needed to develop adjacent properties, as
per Pasco Municipal Code 21.15.010.
3. 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.
4. Two separate and approved Apparatus access roads shall be provided where the number of
dwelling units exceeds 30.
5. Access roads shall be placed not less than 1/2 of the length of the maximum overall diagonal
dimension of the property or area to be served, measured in a straight line between accesses,
as per IFC Section D106.3.
6. 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.
7. 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."
8. 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.
9. Only City and other utilities with franchise agreements are allowed in the public right of way.
10. Overhead utilities serving this specific plat are required to be re-routed below ground.
11. 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.
12. All fee payments for bonding of ROW improvements and Water Rights must be paid at the
time of Final Plat being submitted for signatures.
13. Because "knuckles" are not cul-de-sacs as defined by the PMC, the Applicant shall redesign
the lot sizes and/or configurations so that all lots comply with all provisions of the PMC.
IV. DECISION
Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner APPROVES
the application for a Preliminary Plat subject to the Conditions of Approval.
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Dated this_;�day of September, 2022.
CITY PA :)?BARING EXAMINER
1
rew L.Ko6k-amp
Absent a timely appeal,this Decision is final'
1 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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