HomeMy WebLinkAboutHE Recommendation Packet PP2021-002 Columbia Shores PP-PUD CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
PP 2021-002 ) CONCLUSIONS OF LAW,
Columbia Shores ) RECOMMENDED CONDITIONS
PUD ) OF APPROVAL AND
RECOMMENDED DECISION
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
March 8, 2023, 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:
1. RECOMMENDED FINDINGS OF FACT
1. PROPERTY DESCRIPTION:
1.1 Parcel "A" (APN #118 180 068):
That portion of the Northwest quarter of Section 18, Township 9 North,Range 29
East and that portion of the Northeast quarter of Section 13,Township 9 North Range
28 East,described as follows:
Commencing at the Northwest corner of said Section 18;thence South 00'19'39"
West, 40.00 feet along the West line of said Section 18 to a 5/8" rebar stamped
"Worley" on the Southerly right-of-way of Harris Road;thence North 89°38'39" East,
177.98 feet along said right-of-way to a 5/8"rebar stamped "Worley" and the true
point of beginning: (said corner being the Northeast corner of Parcel 1 of Record
Survey No. 978 recorded in Auditor's File No. 1686716,Records of Franklin
County);thence South 89055'20" East, 477.00 feet along said right-of-way;thence
South 00'19'30"West, 102 1.10 feet parallel with the West line of said Parcel;thence
South 34008'44"West, 5 32.5 3 feet to the Northerly right-of-way of Court Street;
thence North 55°51'17"West, 467.81 feet along said right-of-way to a 5/8"rebar
stamped "Worley" marking the most Southerly corner of said Parcel 1
aforementioned;thence North 210473 3" East, 82.11 feet along the Easterly line of
said Parcel to a 5/8" rebar on the West line of said Section 18;thence continuing
along said Easterly line,North 74°31'02" East, 185.00 feet;thence North 00'19'30"
East, 1074.27 feet along said East line of said Parcel to the true point of beginning.
Together with that portion of said Northwest quarter of Section 18, described as
follows:
Commencing at the Northwest corner of said Section 18;thence South 00'19'39"
West, 1162.58 feet along the West line thereof to a 5/8"rebar marking an angle point
in the Easterly line the above described Parcel;thence continuing along the West line
of Section 18, South 00°21'56"West, 168.59 feet to the Northerly right-of-way of
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I
5.10 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.
5.11 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.
6. ENVIRONMENTAL DETERMINATION. The City of Pasco is the lead agency for this
project. A Mitigated Determination of Non-Significance (MDNS) was issued on October 20,
2021. No appeal was filed. Mitigation was required as follows:
6.1 A cultural resources survey from a qualified professional shall be prepared and
submitted for approval before any site improvements may begin.
6.2 A minimum six-foot tall solid barrier fence on the property between the proposed
pathway and the interstate right-of-way boundary must be installed for the increased
likelihood of safety concerns with children and pets.The WSDOT right-of-way fence
typically lies one foot inside WSDOT right-of-way and must not be altered or moved
without prior WSDOT approval.
7. LOT LAYOUT:Columbia Shores is a proposed 484-unit residential development composed
primarily of townhouses and located on 38.7 acres in west Pasco. The 37.8 acres of the
property north of Court St.will be developed with 2-story townhouses,ranging from 1,379 to
2,153 square feet.The lots for each unit will include enough room for a patio on the back and
a driveway with landscape strip in the front and would range from 1,621.6 to 3,797 square
feet. The development uses a mixture of four basic building types with 5 and 6 units per
building for a varied and attractive aesthetic. It would provide 484 much-needed middle-
income housing units to the City of Pasco. The intent is to sell each unit to an owner-
occupant. The three riverfront lots located south of Court St. will vary in size from 12,563 to
13,518 square feet. Additionally,the open areas include paved pathways throughout the site,
with the objective of making it a pedestrian friendly development. Open areas are distributed
throughout the development and would be landscaped with a mixture of planting beds and
lawn areas intent on providing an attractive setting and recreational areas for residents. A
landscape architect would design the landscaping and amenities in the open areas. Amenities
such as play structures, community gardens,picnic tables,shelters,and work out stations
would be considered during the design.
8. RIGHTS-OF-WAY: The project proposal includes the construction of city right-of-way to
connect West Court Street and Harris Road with a single public access street. A mixture of
public and private streets would provide vehicular access. Sidewalks would be located on
both sides of the public streets and on at least one side of all private streets.
9. UTILITIES: City water and sewer will be provided to each unit with public mains in the
street right-of-way and private street tracts. Electricity will be provided by Franklin PUD.
Communications will be provided by Charter and Lumen. Natural gas will be provided by
Cascade Natural Gas for outdoor barbecues and fireplaces.
10. IRRIGATION: The proposed subdivision lies within the Franklin County Irrigation District
(FCID) service area; applicant has represented that irrigation water for the open areas will be
provided by (FCID), and that the small amount of outside water that will be needed by the
units will be City water.
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11. STREET NAMES: One new public street and 10 private streets would be created. All street
names shall be assigned prior to Final Plat Approval.
12. 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.
13. Construction scheduling for the infrastructure and buildings is anticipated to be done in four
phases as follows:
13.1 Phase 1: 4/2022 -4/2024, 106 townhouses + 3 single-family-detached homes
13.2 Phase 2: 1/2024 - 1/2026, 117 townhouses
13.3 Phase 3: 9/2025 - 9/2027, 125 townhouses
13.4 Phase 4: 6/2027 - 12/2029, 150 townhouses
14. The Applicant is assembling a homeowner's association (HOA) and restrictive covenants.
The HOA would have ownership and maintenance responsibilities for all the private roads
and the landscaped open areas.
15. The site was annexed into the City (Ordinance No 4576) and assigned R-3 (Medium Density
Residential) zoning (Ordinance 4577) in February of 2022. The Comprehensive Plan
indicates the proposed annexation area should have been zoned MHDR (Medium-High-
Density Residential) zoning, which would allow for single-family dwelling units,
townhouses, condominiums and multi-family units, and would specify a density from 8-15
dwelling units per acre. As MHDR zoning definition was not yet created and was thus not
available, R-3 zoning was assigned, which would accommodate the 8-15 units/acre range
specified in the Comprehensive Plan.
16. As per PMC 25.65.050, R-3 zoning allows for one dwelling unit per 4,500 square feet of lot
area for single-family dwellings and 3,000 square feet of lot area for multiple-family
dwellings and dwellings part of zero-lot-line developments except as provided in PMC
25.65.030(8).
17. The site is within the Broadmoor Planning Area, an area ranging from 1,200 — 1,600 acres
situated towards the northwest City Limits and generally bound by Interstate 1-182,
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.
18. 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, and open space, and incorporate walkable
and transit friendly design.
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19. 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.
20. Prevent Overcrowding: Density requirements of the R-3 zone are designed to address
overcrowding concerns. The Comprehensive Plan Future Land Use Map designates the
property in question be developed with 6 to 20 dwelling units per acre. The proposed plat has
a density of approximately 12.5 units per acre, which is well within the Comprehensive Plan
density threshold for the area.
21. Parks Open Space/Schools: There are no City of Pasco parks nearby. However, the site is
adjacent a section of the Sacagawea Heritage Trail as it crosses over the I-182 bridge to
Richland; the trail spans from Columbia Point Marina Park in Richland to Sacajawea State
Park at Sacajawea Park Road in Pasco, and links Pasco to both Kennewick and Richland. A
multi-use trail is planned for the project which will link the Sacagawea Heritage Trail to a
section of the Pasco linear parks system. The Pasco Comprehensive Plan adopted a
neighborhood park standard ratio of 2 acres/1,000 residents. All new developments
participate in establishing parks through the payment of park fees at the time of permitting.
With 484 lots the subdivision would anticipate around 1,753.89 residents (484 Units X
3.753012 average multi-unit Household size X 0.93841 average multi-family Occupancy
Rate = 1,753.89) which would require approximately 3.03 acres of parkland. The proposal
anticipates 6.17 acres of private open space.
22. The City 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$4,525 will be charged for each new multi-
family dwelling unit at the time of building permit issuance. Based on the School Districts
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.
23. 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 12.5 units per
acre, which is well within the target density range for this area.
24. Pasco Municipal Code 21.15.0 10(l) specifies that street patterns shall take into consideration
access needed to develop adjacent properties. The project proposal includes the construction
of city right-of-way to connect West Court Street and Harris Road with a single public access
street. A mixture of public and private streets would provide vehicular access. Sidewalks
would be located on both sides of the public streets and on at least one side of all private
streets.
25. Safe Travel & Walking Conditions: The project proposal includes the construction of city
right-of-way to connect West Court Street and Harris Road with a single public access street
("Public Road B"/Road 114). A mixture of public and private streets would provide vehicular
access. Sidewalks would be located on both sides of the public streets and on at least one side
of all private streets. Eight-foot bike lanes are proposed along each side of"Public Road B"
(See: Public Road B Section on Plat).
26. As per PMC 25.140.080(10), "Private streets . . . may only be permitted if the applicant can
demonstrate that the minimum density as identified in subsection(4) of this section cannot be
achieved without a modification to the public street standards. Justification must include
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alternative layouts." Applicant has represented that required densities cannot be achieved
using dedicated public rights-of-way, rather than private streets.
27. The proposed phasing of the subdivision would extend "Public Road B" to provide the
required secondary fire apparatus access road connecting both Harris and West Court Street.
28. All lots would have frontage on either private streets or the publicly dedicated "Public Road
B"right-of-way. All roads would be fully improved and completed with this subdivision. As
per PMC 21.20.010 Blocks shall not exceed 1,320 feet.
29. Adequate Provision of Municipal Services: All lots within the plat would be provided with
water, sewer, and other utilities. This parcel is within the Franklin County Irrigation District
service area.
30. Provision of Housing for State Residents: The proposed plat contains 484 multi-family lots
providing the opportunity for the construction of 484 new dwelling units in Pasco.
31. Adequate Air and Light: The maximum lot coverage limitations, building height restrictions,
and building setbacks would assure that adequate movement of air and light is available to
each lot.
32. Proper Access & Travel: A connection would be made to the Harris Road and West Court
Street access/egress points. Additional access/egress points may be required to the site. All
lots would have frontage on either private roads or proposed "Public Road B" dedicated
right-of-way(Road 114).
33. 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
Harris Road and West Court Street as Collector Streets. Streets not intended to be Arterials
should not have a single tier of lots next to them without justification. As such,justification
would need to be presented for single-tier lots which do not align with the Comprehensive
Plan and Pasco Municipal Code. Columbia Shores is composed primarily of multi-unit
attached townhomes with multiple garages and driveways extending out of each building; as
such, facing the vehicle access points towards a collector-class street becomes a safety issue.
34. Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the plat site for
medium/high-density residential developmcnt. Policies of the Comprehensive Plan encourage
the advancement of home ownership and the City to maintain a broad range of residential
land use designations to accommodate a variety of housing opportunities.
35. 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; and
Policy H-2-A: Allow for a full range of residential environments including single family
homes, townhomes, condominiums, apartments and manufactured housing.
36. The applicant is proposing to construct 484 single-family lots at a density of 12.5 dwelling
units per acre. The proposed density is well within the threshold density for the Medium-
Density Area.
37. Public notice of this hearing was sent to the Tri-City Herald and distributed to property
owners within 300 feet of the project site on February 15, 2023.
38. The Applicant also wishes to develop a Planned Unit Development (PUD) for Columbia
Shores.
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39. The Applicant proposes a 484-unit residential development.
40. Eight-foot bike lanes are proposed along each side of"Public Road B" (See: Public Road B
Section on Plat).
41. As per PMC 25.140.080(10), "Private streets . . . may only be permitted if the applicant can
demonstrate that the minimum density as identified in subsection(4) of this section cannot be
achieved without a modification to the public street standards. Justification must include
alternative layouts."
42. The Applicant has represented that required densities cannot be achieved using dedicated
public rights-of-way, rather than private streets.
43. Proposed phasing of the subdivision would extend"Public Road B"to provide the required
secondary fire apparatus access road connecting both Harris and West Court Street.
44. All lots would have frontage on either private streets or the publicly dedicated "Public Road
B" right-of-way.
45. All roads would be fully improved and completed with this subdivision. As per PMC
21.20.0 10 Blocks shall not exceed 1,320 feet.
46. All street names shall be assigned prior to Final Plat Approval.
47. 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.
48. If no water rights are available to transfer to the City the property owner/developer must pay
a water right fee in lieu thereof.
49. 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.
50. The 2018-2038 Comprehensive Plan has been supported by the 2020 Council approval of the
Northwest Sewer LID and infrastructure improvements.
51. Approximately 1,675 residential development permits are either anticipated in the near future,
approved, or underway for the Broadmoor Area.
52. PUD 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:
52.1 The date the existing zone became effective:
52.1.1 The current zoning classification was established in conjunction with the
2022 annexation(Ordinance No 4577).
52.2. The changed conditions,which are alleged to warrant other or additional zoning:
52.2.1 The City of Pasco 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. The Pasco City Council has adopted the 2018-2038
Comprehensive Plan which indicates the Broadmoor Area will accommodate
upwards of 7,000 housing units and 2,500 jobs.
52.2.2 Hundreds of development permits have been approved and/or are underway
in the Broadmoor Area. In February 2022 City Council approved an
annexation of the site and R-3 (Medium-Density Residential)zoning.
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52.3 Facts to justify the change on the basis of advancing the public health, safety, and
general welfare:
52.3.1 The R-3/Planned Unit Development (PUD) application is consistent with the
adopted 2018-2038 Comprehensive Plan. The R-3/PUD zoning would allow
for a diverse range of housing options to be constructed while incorporating
open space, natural and habitat preservation, and access for trails and
recreation.
52.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
52.4.1 The request for a Planned Unit Development, implements 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 hundreds of dwelling units in
the Broadmoor Area. Development on the site is consistent with the intent of
the major land-use and infrastructure plans (Transportation System Master
Plan, Comprehensive Sewer Plan).
52.5 The effect on the property owner or owners if the request is not granted:
52.5.1 The current R-3 (Medium-Density Residential) designation is ultimately
intended for suburban or urban residential use. Without the approval of the
R-3/PUD zoning designation,the proposal is not possible,and the site will be
underutilized, and not in conformance with community planning efforts.
52.6 The Comprehensive Plan land use designation for the property:
52.6.1 The 2018 Comprehensive Plan Future Land Use Map designates this site for
Medium/High-Density Residential. The Medium/High-Density Residential
designation is site-specific for the Broadmoor Area. The Medium/High-
Density Residential designation allows for a mix of single-family dwelling
units, townhouses, condominiums and multi-family dwelling units, with a
density range of between 8-15 dwelling units per acre, per Table LU-1 (Land
Use Designations and Criteria) of the Comprehensive Plan. The proposal
calls fbr townhouse development, and indicates a density of 12.5 units per
acre, which falls neatly within the comprehensive plan density range.
52.7 Such other information as the Hearing Examiner requires.
52.7.1 The application for a rezone to the R-3/PUD designation 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.
53 PRELIMINARY PLAT CRITERIA. The initial review criteria for considering a Preliminary
Plat application are explained in PMC 21.25.060. Upon conclusion of the public hearing, the
Hearing Examiner shall approve the preliminary plat with or without conditions or deny the
preliminary plat. The Hearing Examiner shall make and enter into findings from the record
and conclusions thereof as to whether or not:
53.1 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,
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would provide vehicular access. Sidewalks would be located on both sides of the
public streets and on at least one side of all private streets. Eight-foot bike lanes are
proposed along each side of"Public Road B"(See: Public Road B Section on Plat).
53.6.1 As per PMC 25.140.080(10), "Private streets . . . may only be permitted if
the applicant can demonstrate that the minimum density as identified in
subsection (4) of this section cannot be achieved without a modification to
the public street standards. Justification must include alternative layouts."
Applicant has represented that required densities cannot be achieved using
dedicated public rights-of-way, rather than private streets
54 An open record public hearing after due legal notice was held on March 8, 2023 via Zoom
videoconference.
55. Appearing and testifying on behalf of the Applicant at the hearing was Christy Batayola. Ms.
Batayola testified that she was an agent for the Applicant and authorized to appear and speak
on their behalf. Ms. Batayola testified that she was in agreement with all the representations
set forth within the staff report and the proposed Conditions of Approval.
56. No member of the public testified at the hearing.
57. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
58. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II. RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval or denial of the proposed Plat/PUD the Hearing Examiner must
develop findings of fact from which to draw its conclusion (PMC 25.140.090(5) therefrom as to
whether or not:
1. The PUD district development will be compatible with nearby developments and uses.
1.1 As per PMC 25.140.040, "[t]he design and layout of a PUD shall take into account
the relationship of the site to the surrounding areas."
1.2 More specifically, and as per PMC 25.140.040(1) and (2), "[t]he street system of a
proposed planned unit development shall be designed to connect with existing,
proposed, and planned streets outside of the proposed site;" and "[p]lanned streets
shall connect with surrounding streets to permit the convenient movement of vehicles
and to facilitate emergency access and evacuation."
1.3 The project proposal includes the construction of city right-of-way to connect West
Court Street and Harris Road with a single public access street ("Public Road
B"/Road 114). A mixture of public and private streets would provide vehicular
access. Sidewalks would be located on both sides of the public streets and on at least
one side of all private streets. Eight-foot bike lanes are proposed along each side of
"Public Road B"(See: Public Road B Section on Plat).
1.4 As per PMC 25.140.080(10), "Private streets . . . may only be permitted if the
applicant can demonstrate that the minimum density as identified in subsection(4) of
this section cannot be achieved without a modification to the public street standards.
Justification must include alternative layouts." Applicant has represented that
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required densities cannot be achieved using dedicated public rights-of-way, rather
than private streets.
2. Peripheral treatment ensures proper transition between PUD uses and nearby external uses
and developments. The project will result in the expansion of, and the construction of the
following connecting the site with the surrounding areas:
2.1 A single north-south public road connecting Harris Road to West Court Street.
2.2 Two access/egress points to serve 484 homes:
2.2.1 One access/egress point along Harris Road
2.2.2 One access/egress point along West Court Street
2.3 Ten private roads connecting to the single public road
2.4 West Court Street frontage and road improvements
2.5 Harris Road frontage and road improvements
2.6 Street-Light Spacing
2.6.1 Streetlight spacing of 300-feet alternating sides of the roadway (600-feet
same side) shall be maintained.
2.6.2 Lighting along both West Court Street, Harris Road, and all interior
subdivision road shall be required per of Pasco Design and Construction
Standards and Specifications.
2.7 Multi-Use Pathway
2.7.1 A 12-foot multi-use path along West Court Street shall be asphalt (not
concrete), and the walking path shall be offset from the curb pathway
following a linear.
2.8 Additional conditions have also been placed on the proposal from the Pasco Fire
Department,below:
2.8.1 Per International Fire Code (D103.1): Fire Apparatus access roads shall be
26 feet width, exclusive of shoulders.
2.8.2 Per International Fire Code (D103.3): Turning Radius: Determined by the
Fire Code Official. 28 feet minimum.
2.8.3 The project will incorporate approximately 259,305.00 square feet (6.17
acres) of open space, in conformance with the Amenities and Open Space
requirements of PMC 25.140.080(6).
3. The development will be consistent with the Comprehensive Plan and the purposes of the
PUD district. The proposal and project are aligned with, and implement the following
Comprehensive Plan Goals and Policies:
3.1 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.
3.2 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.
3.3 Land Use Policy 4-13: Encourage infill and higher density uses within proximity to
major travel corridors and public transportation service areas.
3.4 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.
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3.5 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.
3.6 Housing Policy 4-C: Increase housing supply and diversity through appropriate and
flexible development standards.
3.7 Economic Development Policy 4-13: Collaborate with public/private partners to
create a master plan vision of the waterfront, Broadmoor area, and other
neighborhoods as necessary
3.8 Capital Facilities Policy 1-A: Systematically guide capital improvements consistent
with the vision and plan of the community
3.9 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.
3.10 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.
3.11 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.
4. The public health, safety and welfare have been served. The application for a Planned Unit
Development 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 21 December 2021. The applicant
has, or will be required to submit the following documents or analysis to supplement their
proposal:
4.1 A cultural resources survey from a qualified professional shall be prepared and
submitted for approval before any site improvements may begin.
4.2 A minimum six-foot tall solid barrier fence on the property between the proposed
pathway and the interstate right-of-way boundary must be installed for the increased
likelihood of safety concerns with children and pets. The WSDOT right-of-way fence
typically lies one-foot inside WSDOT right-of-way and must not be altered or moved
without prior WSDOT approval.
5. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III. RECOMMENDED 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 I-182 Exit 7
Interchange.
2. Project shall construct a minimum six-foot tall solid barrier fence between the proposed
pathway and the I-182 interstate right-of-way boundary.
3. Two separate and approved Apparatus points of access shall be provided where the number
of dwelling units exceeds 30.
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4. 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.
5. The final plat(s)shall contain a 10-foot utility easement parallel to all streets unless otherwise
required by the Franklin County PUD.
6. 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."
7. 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.
8. Only City and other utilities with franchise agreements are allowed in the public right of way.
9. Overhead utilities are required to be re-routed below ground.
10. 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.
11. All fee payments for bonding of ROW improvements and Water Rights must be paid at the
time of Final Plat being submitted for signatures.
12. Homeowners Association (HOA) documents shall be submitted to the City of Pasco Director
of Community&Economic Development for review and approval.
13. No utility vaults, pedestals, or other obstructions will be allowed at street intersections.
14. The developer shall install common"Estate"type fence/wall six-feet in height along Harris
Road,West Court Street, and along property lines adjacent neighboring properties,as a part
of the infrastructure improvements associated with the plat. The fence/wall must be
constructed of masonry block. A fencing detail must be included on the subdivision
construction drawings. An approved vision triangle at the intersection of streets will be
required. Property owners adjoining said fence shall be responsible for payment of all costs
associated with maintenance and upkeep of the fence/wall. These fencing requirements shall
be noted clearly on the face of the final plat(s). A concrete mow strip shall be installed under
any common fence.
15. The plat shall be constructed in substantial conformance with the Preliminary Plat as
submitted.
16. It is the requirement that the design, construction and improvements of the proposal shall be
in conformance with 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 unless a
specific modification has been identified in the conditions of approval/approval conditions in
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the staff report. Violation will result in the need for a resubmitted. Per PMC 21.25.080(2)and
PMC 25.140.140(1)Major changes in the approved final development plan shall be
considered as a new application for preliminary approval.The Planning Division may
approve changes in the development plan that are minor in nature and are consistent with the
approved plan.
IV. RECOMMENDED DECISION
Based upon the above Findings of Fact and Conclusion of Law, PP2021-002, (PUD) on Franklin
County Assessor's Tax Parcels 118180068 and 118180139 as set forth in the above matter, is hereby
RECOMMENDED, and that an ordinance approving this project be adopted by the City of Pasco,
subject to the Conditions of Approval above.
Dated this day of March, 2023.
CITYX SCHFpAMG,EXAAINER
AnMw L. Kottkar6p
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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CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
PP 2021-002 ) CONDITIONS OF APPROVAL AND
Columbia Shores ) DECISION
Preliminary Plat )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
March 8, 2023, 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 Parcel "A" (APN #118 180 068):
That portion of the Northwest quarter of Section 18,Township 9 North, Range 29
East and that portion of the Northeast quarter of Section 13,Township 9 North Range
28 East, described as follows:
Commencing at the Northwest corner of said Section 18;thence South 00°19'39"
West, 40.00 feet along the West line of said Section 18 to a 5/8" rebar stamped
"Worley" on the Southerly right-of-way of Harris Road;thence North 89°38'39" East,
177.98 feet along said right-of-way to a 5/8"rebar stamped "Worley" and the true
point of beginning: (said corner being the Northeast corner of Parcel 1 of Record
Survey No. 978 recorded in Auditor's File No. 1686716,Records of Franklin
County);thence South 89°55'20" East, 477.00 feet along said right-of-way;thence
South 00°19'30"West, 102 1.10 feet parallel with the West line of said Parcel;thence
South 34008'44"West, 532.53 feet to the Northerly right-of-way of Court Street;
thence North 55°51'17"West, 467.81 feet along said right-of-way to a 5/8"rebar
stamped "Worley" marking the most Southerly corner of said Parcel 1
aforementioned;thence North 21°47'33" East, 82.11 feet along the Easterly line of
said Parcel to a 5/8" rebar on the West line of said Section 18;thence continuing
along said Easterly line, North 74°31'02" East, 185.00 feet;thence North 00'19'30"
East, 1074.27 feet along said East line of said Parcel to the true point of beginning.
Together with that portion of said Northwest quarter of Section 18, described as
follows:
Commencing at the Northwest corner of said Section 18;thence South 00°19'39"
West, 1162.58 feet along the West line thereof to a 5/8"rebar marking an angle point
in the Easterly line the above described Parcel;thence continuing along the West line
of Section 18, South 00°21'56"West, 168.59 feet to the Northerly right-of-way of
Court Street and the true point of beginning;thence continuing South 00°21'56"
West, 216.68 feet to a USACE Brass cap on the McNary project boundary;thence
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South 55°07'35" East, 154.46 feet along said boundary to the most Westerly corner of
Lot 14,plat of Harris subdivision according to the plat thereof recorded in Volume C
of Plats,Page 92, Records of Franklin County;thence North 35'08'12" East, 170.80
feet along the West line of said Lot 14;thence North 87'50'12" East, 19.06 feet to the
Southerly right-of-way of Court Street;thence North 55°51'16"West, 293.23 feet
along said right-of-way to the true point of beginning.
Containing 15.93 acres,more or less.
Parcel "B" (APN 9118 180139):
That portion of the Northwest quarter of Section 18, Township 9 North, Range 29
East described as follows: commencing at the Northwest corner of said Section 18;
thence South 00°19'39"West,40.00 feet along the West line of said Section 18 to the
Southerly right-of-way of Harris Road;thence North 89°38'39"East 177.98 feet
along said right-of-way; South 89°55'20" East, 477.00 feet along said right-of-way to
the true point of beginning:
Thence continuing South 89055120" East. 405.75 feet to a 5/8" rebar stamped
"Stratton"marking the Northwest corner of Lot 2, Short Plat No. 2010-13 according
to the survey thereof, recorded in volume 1 of Short Plats, Page 834. Records of
Franklin County;thence South 01°20'30"West, 437.43 feet along the West line of
said Lot 2 to the Southwest corner thereof;thence South 89°59'51"East,686.68 feet
along the South line of said Lot to a 5/8"rebar stamped "Stratton"marking the
Southeast corner of said Lot 2;thence South 03°04'35"East,216.66 feet along the
Southerly prolongation of the East line of said Short Plat to a 5/8"rebar stamped
"Rogers" on the Westerly right-of-way of State Route 182;thence Southwesterly
along said right-of-way the following five courses: thence South 49°14'59"West,
250.70 feet;thence South 53009'39"West, 150.33 feet;thence South 51°38'31"West,
1000.40 feet;thence South 32059'13"West, 104.95 feet;thence South 21°44'58"
West, 12.90 feet to a point of non-tangent curve concave to the Southwest on the
Northerly right-of-way of West Court Street; (the long chord of said curve bears
North 54°59'24"West, 164.44 feet)thence Westerly, 164.45 feet along said right-of-
way on the arc of said curve through a central angle of 02012'37";thence North
55°5 FIT'West, 129.54 feet along said right-of-way;thence North 34008'44" East,
532.53 feet;thence North 00°19'30" East, 102 1.10 feet to the true point of beginning.
Containing 22.77 acres,more or less.
1.2 General Location: Located near the southeast comer of West Court Street and Harris
Road.
1.3 Property Size: The site area consists of two parcels, as follows:
No Parcel SQ. FT. Acres
1 118180068 693,789.00 15.93
2 118180139 991,861.20 22.77
Total 1 1,685,342.00 38.69
1.4 Applicant: Paul Lavrentiev, 6159 W Deschutes Ave, Ste. 509, Kennewick WA
99336-7741,
1.5 Request: The Applicant has submitted a Preliminary Plat/Planned Unit Development
(PUD)Application for Columbia Shores.
2. ACCESS: The site is accessed from West Court Street and Harris Road.
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5.11 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.
6. ENVIRONMENTAL DETERMINATION. The City of Pasco is the lead agency for this
project. A Mitigated Determination of Non-Significance (MDNS)was issued on October 20,
2021.No appeal was filed. Mitigation was required as follows:
6.1 A cultural resources survey from a qualified professional shall be prepared and
submitted for approval before any site improvements may begin.
6.2 A minimum six-foot tall solid barrier fence on the property between the proposed
pathway and the interstate right-of-way boundary must be installed for the increased
likelihood of safety concerns with children and pets. The WSDOT right-of-way fence
typically lies one foot inside WSDOT right-of-way and must not be altered or moved
without prior WSDOT approval.
7. LOT LAYOUT: Columbia Shores is a proposed 484-unit residential development composed
primarily of townhouses and located on 38.7 acres in west Pasco. The 37.8 acres of the
property north of Court St. will be developed with 2-story townhouses, ranging from 1,379 to
2,153 square feet. The lots for each unit will include enough room for a patio on the back and
a driveway with landscape strip in the front and would range from 1,621.6 to 3,797 square
feet. The development uses a mixture of four basic building types with 5 and 6 units per
building for a varied and attractive aesthetic. It would provide 484 much-needed middle-
income housing units to the City of Pasco. The intent is to sell each unit to an owner-
occupant. The three riverfront lots located south of Court St. will vary in size from 12,563 to
13,518 square feet.Additionally,the open areas include paved pathways throughout the site,
with the objective of making it a pedestrian friendly development. Open areas are distributed
throughout the development and would be landscaped with a mixture of planting beds and
lawn areas intent on providing an attractive setting and recreational areas for residents. A
landscape architect would design the landscaping and amenities in the open areas. Amenities
such as play structures, community gardens,picnic tables, shelters,and work out stations
would be considered during the design.
8. RIGHTS-OF-WAY: The project proposal includes the construction of city right-of-way to
connect West Court Street and Harris Road with a single public access street. A mixture of
public and private streets would provide vehicular access. Sidewalks would be located on
both sides of the public streets and on at least one side of all private streets.
9. UTILITIES: City water and sewer will be provided to each unit with public mains in the
street right-of-way and private street tracts. Electricity will be provided by Franklin PUD.
Communications will be provided by Charter and Lumen. Natural gas will be provided by
Cascade Natural Gas for outdoor barbecues and fireplaces.
10. IRRIGATION: The proposed subdivision lies within the Franklin County Irrigation District
(FCID) service area; applicant has represented that irrigation water for the open areas will be
provided by (FCID), and that the small amount of outside water that will be needed by the
units will be City water.
11. STREET NAMES: One new public street and 10 private streets would be created. All street
names shall be assigned prior to Final Plat Approval.
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12. 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.
13. Construction scheduling for the infrastructure and buildings is anticipated to be done in four
phases as follows:
13.1 Phase 1: 4/2022 - 4/2024, 106 townhouses+3 single-family-detached homes
13.2 Phase 2: 1/2024 - 1/2026, 117 townhouses
13.3 Phase 3: 9/2025 - 9/2027, 125 townhouses
13.4 Phase 4: 6/2027 - 12/2029. 150 townhouses
14. Applicant is assembling a homeowner's association (HOA) and restrictive covenants. The
HOA would have ownership and maintenance responsibilities for all the private roads and the
landscaped open areas.
15. The site was annexed into the City (Ordinance No 4576) and assigned R-3 (Medium Density
Residential) zoning (Ordinance 4577) in February of 2022. The Comprehensive Plan
indicates the proposed annexation area should have been zoned MHDR (Medium-High-
Density Residential) zoning, which would allow for single-family dwelling units,
townhouses, condominiums and multi-family units, and would specify a density from 8-15
dwelling units per acre. As MHDR zoning definition was not yet created and was thus not
available, R-3 zoning was assigned, which would accommodate the 8-15 units/acre range
specified in the Comprehensive Plan.
16. As per PMC 25.65.050, R-3 zoning allows for one dwelling unit per 4,500 square feet of lot
area for single-family dwellings and 3,000 square feet of lot area for multiple-family
dwellings and dwellings part of zero-lot-line developments except as provided in PMC
25.65.030(8).
17. The site is within the Broadmoor Planning Area, an area ranging from 1,200 — 1,600 acres
situated towards the northwest City Limits and generally bound by Interstate 1-182,
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.
18. 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, and open space, and incorporate walkable
and transit friendly design.
19. 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.
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20. Prevent Overcrowding: Density requirements of the R-3 zone are designed to address
overcrowding concerns. The Comprehensive Plan Future Land Use Map designates the
property in question be developed with 6 to 20 dwelling units per acre. The proposed plat has
a density of approximately 12.5 units per acre, which is well within the Comprehensive Plan
density threshold for the area.
21. Parks Open Space/Schools: There are no City of Pasco parks nearby. However the site is
adjacent a section of the Sacagawea Heritage Trail as it crosses over the I-182 bridge to
Richland; the trail spans from Columbia Point Marina Park in Richland to Sacajawea State
Park at Sacajawea Park Road in Pasco, and links Pasco to both Kennewick and Richland. A
multi-use trail is planned for the project which will link the Sacagawea Heritage Trail to a
section of the Pasco linear parks system. The Pasco Comprehensive Plan adopted a
neighborhood park standard ratio of 2 acres/1,000 residents. All new developments
participate in establishing parks through the payment of park fees at the time of permitting.
With 484 lots the subdivision would anticipate around 1,753.89 residents (484 Units X
3.753012 average multi-unit Household size X 0.93841 average multi-family Occupancy
Rate = 1,753.89) which would require approximately 3.03 acres of parkland. The proposal
anticipates 6.17 acres of private open space.
22. The City 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$4,525 will be charged for each new multi-
family dwelling unit at the time of building permit issuance. Based on the School Districts
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.
23. 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 12.5 units per
acre,which is well within the target density range for this area.
24. Pasco Municipal Code 21.15.010(1)specifies that street patterns shall take into consideration
access needed to develop adjacent properties. The project proposal includes the construction
of city right-of-way to connect West Court Street and Harris Road with a single public access
street. A mixture of public and private streets would provide vehicular access. Sidewalks
would be located on both sides of the public streets and on at least one side of all private
streets.
25. Safe Travel & Walking Conditions: The project proposal includes the construction of city
right-of-way to connect West Court Street and Harris Road with a single public access street
("Public Road B"/Road 114). A mixture of public and private streets would provide vehicular
access. Sidewalks would be located on both sides of the public streets and on at least one side
of all private streets. Eight-foot bike lanes are proposed along each side of"Public Road B"
(See: Public Road B Section on Plat).
26. As per PMC 25.140.080(10), "Private streets . . . may only be permitted if the applicant can
demonstrate that the minimum density as identified in subsection(4) of this section cannot be
achieved without a modification to the public street standards. Justification must include
alternative layouts." Applicant has represented that required densities cannot be achieved
using dedicated public rights-of-way,rather than private streets.
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27. Proposed phasing of the subdivision would extend "Public Road B"to provide the required
secondary fire apparatus access road connecting both Harris and West Court Street.
28. All lots would have frontage on either private streets or the publicly dedicated "Public Road
B"right-of-way. All roads would be fully improved and completed with this subdivision. As
per PMC 21.20.010 Blocks shall not exceed 1,320 feet.
29. Adequate Provision of Municipal Services: All lots within the plat would be provided with
water, sewer, and other utilities. This parcel is within the Franklin County Irrigation District
service area.
30. Provision of Housing for State Residents: The proposed plat contains 484 multi-family lots
providing the opportunity for the construction of 484 new dwelling units in Pasco.
31. Adequate Air and Light: The maximum lot coverage limitations, building height restrictions,
and building setbacks would assure that adequate movement of air and light is available to
each lot.
32. Proper Access & Travel: A connection would be made to the Harris Road and West Court
Street access/egress points. Additional access/egress points may be required to the site. All
lots would have frontage on either private roads or proposed "Public Road B" dedicated
right-of-way(Road 114).
33. 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
Harris Road and West Court Street as Collector Streets. Streets not intended to be Arterials
should not have a single tier of lots next to them without justification. As such,justification
would need to be presented for single-tier lots which do not align with the Comprehensive
Plan and Pasco Municipal Code. Columbia Shores is composed primarily of multi-unit
attached townhomes with multiple garages and driveways extending out of each building; as
such, facing the vehicle access points towards a collector-class street becomes a safety issue.
34. Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the plat site for
medium/high-density residential development. Policies of the Comprehensive Plan encourage
the advancement of home ownership and the City to maintain a broad range of residential
land use designations to accommodate a variety of housing opportunities.
35. 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; and
Policy H-2-A: Allow for a full range of residential environments including single family
homes, townhomes, condominiums, apartments and manufactured housing.
36. The applicant is proposing to construct 484 single-family lots at a density of 12.5 dwelling
units per acre. The proposed density is well within the threshold density for the Medium-
Density Area.
37. Public notice of this hearing was sent to the Tri-City Herald and distributed to property
owners within 300 feet of the project site on February 15, 2023.
38. The Applicant also wishes to develop a Planned Unit Development (PUD) for Columbia
Shores.
39. Eight-foot bike lanes are proposed along each side of"Public Road B" (See: Public Road B
Section on Plat).
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40. As per PMC 25.140.080(10), "Private streets . . . may only be permitted if the applicant can
demonstrate that the minimum density as identified in subsection (4) of this section cannot be
achieved without a modification to the public street standards. Justification must include
alternative layouts."
41. Applicant has represented that required densities cannot be achieved using dedicated public
rights-of-way, rather than private streets.
42. Proposed phasing of the subdivision would extend "Public Road B"to provide the required
secondary fire apparatus access road connecting both Harris and West Court Street.
43. All lots would have frontage on either private streets or the publicly dedicated "Public Road
B" right-of-way.
44. All roads would be fully improved and completed with this subdivision. As per PMC
21.20.010 Blocks shall not exceed 1,320 feet.
45. All street names shall be assigned prior to Final Plat Approval.
46. 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.
47. If no water rights are available to transfer to the City the property owner/developer must pay
a water right fee in lieu thereof.
48. 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.
49. The 2018-2038 Comprehensive Plan has been supported by the 2020 Council approval of the
Northwest Sewer LID and infrastructure improvements.
50. Approximately 1,675 residential development permits are either anticipated in the near future,
approved, or underway for the Broadmoor Area.
51. PUD 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:
51.1 The date the existing zone became effective:
51.1.1 The current zoning classification was established in conjunction with the
2022 annexation(Ordinance No 4577).
51.2 The changed conditions,which are alleged to warrant other or additional zoning:
51.2.1 The City of Pasco 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. The Pasco City Council has adopted the
2018-2038 Comprehensive Plan which indicates the Broadmoor Area will
accommodate upwards of 7,000 housing units and 2,500 jobs.
51.2.2 Hundreds of development permits have been approved and/or are
underway in the Broadmoor Area. In February 2022 City Council approved
an annexation of the site and R-3 (Medium-Density Residential)zoning.
51.3 Facts to justify the change on the basis of advancing the public health, safety, and
general welfare:
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51.3.1 The R-3/Planned Unit Development (PUD) application is consistent with the
adopted 2018-2038 Comprehensive Plan. The R-3/PUD zoning would allow
for a diverse range of housing options to be constructed while incorporating
open space, natural and habitat preservation, and access for trails and
recreation.
51.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
51.4.1 The request for a Planned Unit Development, implements 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 hundreds of dwelling units in
the Broadmoor Area. Development on the site is consistent with the intent of
the major land-use and infrastructure plans (Transportation System Master
Plan, Comprehensive Sewer Plan).
51.5 The effect on the property owner or owners if the request is not granted:
51.5.1 The current R-3 (Medium-Density Residential) designation is ultimately
intended for suburban or urban residential use. Without the approval of the R-
3/PUD zoning designation, the proposal is not possible, and the site will be
underutilized,and not in conformance with community planning efforts.
51.6 The Comprehensive Plan land use designation for the property:
51.6.1 The 2018 Comprehensive Plan Future Land Use Map designates this site for
Medium/High-Density Residential. The Medium/High-Density Residential
designation is site-specific for the Broadmoor Area. The Medium/High-
Density Residential designation allows for a mix of single-family dwelling
units, townhouses, condominiums and multi-family dwelling units, with a
density range of between 8-15 dwelling units per acre, per Table LU-1 (Land
Use Designations and Criteria) of the Comprehensive Plan. The proposal
calls for townhouse development, and indicates a density of 12.5 units per
acre, which falls neatly within the comprehensive plan density range.
51.7 Such other information as the Hearing Examiner requires.
51.7.1 The application for a rezone to the R-3/PUD designation 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.
52. PRELIMINARY PLAT CRITERIA. The initial review criteria for considering a Preliminary
Plat application are explained in PMC 21.25.060. Upon conclusion of the public hearing, the
Hearing Examiner shall approve the preliminary plat with or without conditions or deny the
preliminary plat. The Hearing Examiner shall make and enter into findings from the record
and conclusions thereof as to whether or not:
52.1 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;
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public streets and on at least one side of all private streets. Eight-foot bike lanes are
proposed along each side of"Public Road B"(See: Public Road B Section on Plat).
52.6.1 As per PMC 25.140.080(10), "Private streets . . . may only be permitted if
the applicant can demonstrate that the minimum density as identified in
subsection (4) of this section cannot be achieved without a modification to
the public street standards. Justification must include alternative layouts."
Applicant has represented that required densities cannot be achieved using
dedicated public rights-of-way, rather than private streets
53 An open record public hearing after due legal notice was held on March 8, 2023 via Zoom
videoconference.
54. Appearing and testifying on behalf of the Applicant at the hearing was Christy Batayola. Ms.
Batayola testified that she was an agent for the Applicant and authorized to appear and speak
on their behalf. Ms. Batayola testified that she was in agreement with all the representations
set forth within the staff report and the proposed Conditions of Approval.
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.
57. 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/PUD the Hearing Examiner must
develop findings of fact from which to draw its conclusion (PMC 25.140.090(5) therefrom as to
whether or not:
1. The PUD district development will be compatible with nearby developments and uses.
1.1 As per PMC 25.140.040, "[t]he design and layout of a PUD shall take into account
the relationship of the site to the surrounding areas."
1.2 More specifically, and as per PMC 25.140.040(1) and (2), "[t]he street system of a
proposed planned unit development shall be designed to connect with existing,
proposed, and planned streets outside of the proposed site;" and "[p]lanned streets
shall connect with surrounding streets to permit the convenient movement of vehicles
and to facilitate emergency access and evacuation."
1.3 The project proposal includes the construction of city right-of-way to connect West
Court Street and Harris Road with a single public access street ("Public Road
B"/Road 114). A mixture of public and private streets would provide vehicular
access. Sidewalks would be located on both sides of the public streets and on at least
one side of all private streets. Eight-foot bike lanes are proposed along each side of
"Public Road B"(See: Public Road B Section on Plat).
1.4 As per PMC 25.140.080(10), "Private streets . . . may only be permitted if the
applicant can demonstrate that the minimum density as identified in subsection(4) of
this section cannot be achieved without a modification to the public street standards.
Justification must include alternative layouts." Applicant has represented that
required densities cannot be achieved using dedicated public rights-of-way, rather
than private streets.
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2. Peripheral treatment ensures proper transition between PUD uses and nearby external uses
and developments. The project will result in the expansion of, and the construction of the
following connecting the site with the surrounding areas:
2.1 A single north-south public road connecting Harris Road to West Court Street.
2.2 Two access/egress points to serve 484 homes:
2.2.1 One access/egress point along Harris Road
2.2.2 One access/egress point along West Court Street
2.3 Ten private roads connecting to the single public road
2.4 West Court Street frontage and road improvements
2.5 Harris Road frontage and road improvements
2.6 Street-Light Spacing
2.6.1 Streetlight spacing of 300-feet alternating sides of the roadway (600-feet
same side)shall be maintained.
2.6.2 Lighting along both West Court Street, Harris Road, and all interior
subdivision road shall be required per of Pasco Design and Construction
Standards and Specifications.
2.7 Multi-Use Pathway
2.7.1 A 12-foot multi-use path along West Court Street shall be asphalt (not
concrete), and the walking path shall be offset from the curb pathway
following a linear.
2.8 Additional conditions have also been placed on the proposal from the Pasco Fire
Department,below:
2.8.1 Per International Fire Code (D103.1): Fire Apparatus access roads shall be
26 feet width, exclusive of shoulders.
2.8.2 Per International Fire Code (D103.3): Turning Radius: Determined by the
Fire Code Official. 28 feet minimum.
2.8.3 The project will incorporate approximately 259,305.00 square feet (6.17
acres) of open space, in conformance with the Amenities and Open Space
requirements of PMC 25.140.080(6).
3. The development will be consistent with the Comprehensive Plan and the purposes of the
PUD district. The proposal and project are aligned with, and implement the following
Comprehensive Plan Goals and Policies:
3.1 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.
3.2 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.
3.3 Land Use Policy 4-B: Encourage infill and higher density uses within proximity to
major travel corridors and public transportation service areas.
3.4 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.
3.5 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.
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3.6 Housing Policy 4-C: Increase housing supply and diversity through appropriate and
flexible development standards.
3.7 Economic Development Policy 4-B: Collaborate with public/private partners to
create a master plan vision of the waterfront, Broadmoor area, and other
neighborhoods as necessary
3.8 Capital Facilities Policy 1-A: Systematically guide capital improvements consistent
with the vision and plan of the community
3.9 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.
3.10 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.
3.11 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.
4. The public health, safety and welfare have been served. The application for a Planned Unit
Development 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 21 December 2021. The applicant
has, or will be required to submit the following documents or analysis to supplement their
proposal:
4.1 A cultural resources survey from a qualified professional shall be prepared and
submitted for approval before any site improvements may begin.
4.2 A minimum six-foot tall solid barrier fence on the property between the proposed
pathway and the interstate right-of-way boundary must be installed for the increased
likelihood of safety concerns with children and pets. The WSDOT right-of-way fence
typically lies one-foot inside WSDOT right-of-way and must not be altered or moved
without prior WSDOT approval.
5. 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 I-182 Exit 7
Interchange.
2. Project shall construct a minimum six-foot tall solid barrier fence between the proposed
pathway and the I-182 interstate right-of-way boundary.
3. Two separate and approved Apparatus points of access shall be provided where the number
of dwelling units exceeds 30.
4. 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,
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5. The final plat(s) shall contain a 10-foot utility easement parallel to all streets unless otherwise
required by the Franklin County PUD.
6. 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."
7. 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.
8. Only City and other utilities with franchise agreements are allowed in the public right of way.
9. Overhead utilities are required to be re-routed below ground.
10. 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.
11. All fee payments for bonding of ROW improvements and Water Rights must be paid at the
time of Final Plat being submitted for signatures.
12. Homeowners Association(HOA) documents shall be submitted to the City of Pasco Director
of Community&Economic Development for review and approval.
13. No utility vaults,pedestals, or other obstructions will be allowed at street intersections.
14. The developer shall install common"Estate"type fence/wall six-feet in height along Harris
Road,West Court Street, and along property lines adjacent neighboring properties, as a part
of the infrastructure improvements associated with the plat.The fence/wall must be
constructed of masonry block. A fencing detail must be included on the subdivision
construction drawings. An approved vision triangle at the intersection of streets will be
required. Property owners adjoining said fence shall be responsible for payment of all costs
associated with maintenance and upkeep of the fence/wall. These fencing requirements shall
be noted clearly on the face of the final plat(s). A concrete mow strip shall be installed under
any common fence.
15. The plat shall be constructed in substantial conformance with the Preliminary Plat as
submitted.
16. It is the requirement that the design, construction and improvements of the proposal shall be
in conformance with 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 unless a
specific modification has been identified in the conditions of approval/approval conditions in
the staff report.Violation will result in the need for a resubmitted. Per PMC 21.25.080(2)and
PMC 25.140.140(1) Major changes in the approved final development plan shall be
considered as a new application for preliminary approval. The Planning Division may
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approve changes in the development plan that are minor in nature and are consistent with the
approved plan.
IV. DECISION
Based upon the above Findings of Fact and Conclusion of Law, PP2021-002, (Preliminary Plat) on
Franklin County Assessor's Tax Parcels 118180068 and 118180139 as set forth in the above matter,
is hereby APPROVED, subject to the Conditions of Approval above.
Dated this j1day of March. 2023.
CITY P SCO G E ER
AA ,L. Kot&&mp
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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