HomeMy WebLinkAboutHE Determination PP 2023-002 Helena Addition #1 CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
PP 2023-002 ) CONDITIONS OF APPROVAL AND
Helena Street Addition#1 ) DECISION
Preliminary Plat )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
August 9, 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 Block 5,Washington Addition to Pasco(Parcel 113881024).
1.2 General Location: Said property is situated South of East Helena Street between
South Road 30 East and Rama Court, Pasco,WA.
1.3 Property Size: The site contains approximately 2.17 acres(94,340.69 square feet).
1.4 Applicant: B4 Development c/o Steve Bauman, 3130 Varney Lane, Pasco,WA
99301.
1.5 Request: Applicant Steve Bauman, acting on behalf of B4 Development, has
submitted a Preliminary Plat for a 15-lot subdivision on approximately 2.16 acres for
Block 5,Washing Addition to Pasco,located in a portion of Section 28, Township 9,
North, Range 30 East,W.M., Records of Franklin County,Washington (Parcel
113881024). Said property is located along the south side of East Helena Street at the
intersection of Sprague Avenue, in Pasco, WA.
2. ACCESS: The site is accessed from East Helena Street.
3. UTILITIES: Municipal Water and Sewer services are available in East Helena Street.
4. LAND USE AND ZONING: The lot is currently zoned R-1 (Low-Density Residential) and
is vacant. Surrounding properties are zoned and developed as follows:
North: R-1 SFDUs (Under Development)
East: R-1 SFDUs
South: RT Vacant
West: RT/R-1 Vacant
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5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Low-Density
Residential uses. Those portions of the community designated for Low-Density Residential
development by the Comprehensive Plan could be zoned R-S-20, R-S-12,R-S-1,R-1, R-1-A,
and R-1-A2. The proposal supports the following Comprehensive plan goals:
5.1 Land Use Goal LU-3: Maintain established neighborhoods and ensure new
neighborhoods are safe and enjoyable places to live.
5.2 Land Use Goal LU-4: Increase community accessibility through proper land use
planning.
5.3 Land Use Goal LU-5: Maintain a broad range of residential land use designations to
accommodate a variety of lifestyles and housing opportunities.
5.4 Land Use Policy LU-S-A: Allow a variety of residential densities throughout the
UGA.
5.5 Housing Goal H-1: Encourage housing for all economic segments of the city's
population consistent with the local and regional market.
5.6 Housing Goal H-3: Encourage housing design and construction that ensures long
term sustainability and value.
5.7 Housing Goal H-4: Support efforts to provide affordable housing to meet the needs of
the community.
6. ENVIRONMENTAL DETERMINATION. The City of Pasco is the lead agency for this
project. Based on the SEPA checklist(SEPA 2022-007),the adopted City Comprehensive
Plan, City development regulations,and other information, a Mitigated Determination of
Non-Significance (MDNS)was issued for this project on August 1, 2023 (WAC 197-11-355).
Mitigation included the following:
6.1 An inadvertent discovery protocol for the potential discovery of cultural or historical
artifacts must be prepared and submitted to the City before any ground-disturbing
permits are issued.
6.2 The Applicant shall prepare and submit an assessment of site access and the
surrounding vicinity with regards to the implementation of neighborhood traffic
calming measures and strategies, pursuant to Pasco Municipal Code(PMC) Chapter
12.15. This evaluation should encompass a thorough examination of factors such as
road layout,traffic flow,pedestrian safety,and existing infrastructure to determine
suitable measures and strategies for mitigating traffic-related issues within the
neighborhood.
6.3 The Applicant shall provide a City-approved configuration for the comer of Butte
Street and Sprague Street, including a sight-distance safety evaluation. The comer of
Butte Street and Sprague Street shall be designed to ensure sight-distance
requirements while also allowing for standard setbacks and fences per PMC;
proposed configuration shall not require speed limits less than City Code/industry
recommended travel speed for similar comer configurations.
6.4 The Applicant shall submit an updated preliminary plat showing an updated
configuration of the comer of Butte Street prior to Civil Site Plan submission; City
approval of the updated preliminary plat shall be required prior to review of Civil
Site Plans.
7. HISTORY: The site was originally platted into Pasco in 1913 as part of the Washington
Addition to Pasco,then de-annexed in 1921 (Ordinance 319)and subsequently(re)annexed
into the City in 1994 and assigned RT(Residential Transition)zoning (Ordinance 3033). The
site was rezoned in 2022 from RT(Residential Transition)to R-1 (Low-Density Residential),
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consistent with the Comprehensive Plan designation for the property. Rights-of-way were
dedicated in conjunction with the original 1913 Washington Addition to Pasco plat for both
East Helena Street,located along the north property line of Block 5,and South Sprague
Avenue, which runs along the west side of block 5. The plat originally contained 25'-wide
lots and 80'-wide street rights-of-way, as well as 14'wide north-south alleys and 20'wide
east-west alleys. On April 3,2023,the City approved an application to vacate streets and
alleys adjacent and within Blocks 5, 11,and 12 of the 1913 Washington Addition to Pasco
plat. East Helena Street has been recently improved in conjunction with the Empire Estates
subdivision to the north. Sewer has been placed in the undeveloped South Road 30 East
(Spokane Street on the Plat ROW).
8. LOT LAYOUT: The proposed preliminary plat contains 15 lots for residential development,
which would have access from dedicated internal streets,via East Helena Street. The lots
range from 7,204 to 11,263 square feet,the average lot size being 8,396 square feet. The
proposal would be consistent with the development standards of the R-I zoning district per
PMC 25.45.050.
9. RIGHTS-OF-WAY: All lots will have frontage on streets to be dedicated as part of the plat.
All roads will be fully improved and completed with this subdivision. Per City Resolution
2545, approved 9 September 2000, "Continuous streets, or a street proposed to be continuous,
shall carry the same name throughout. If there is an interruption and there is no probability of
eventual connection the interrupted segments may bear different names." For this plat the
proposed Rights-of-Way to be dedicated would be continuations of the Sprague and Butte
Street alignments. Per IFC 503.1, Fire Apparatus access roads shall be provided and
maintained in accordance with locally adopted street, road, and access standards. A
temporary fire access road may be required from East Butte Street to East Helena Street
pending completion of South Road 30 East(Spokane Street on the Plat). South Road 30 East
shall be required to extend to East Helena Street as part of the plat.
10. UTILITIES: Both municipal water and sewer are available to the parcel via 8" lines in East
Helena Street.
11. IRRIGATION: This project shall include irrigation easements and the installation of
irrigation lines as a part of infrastructure improvements and as required per the municipal
code.
12. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval
per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. If no water rights are
available to transfer to the City the property, owner/developer must pay a water right fee in
lieu thereof.
13. State law (RCW 58.17.110) and the Pasco Municipal Code require the City to develop
Findings of Fact as to how this proposed subdivision will protect and enhance the health,
safety, and general welfare of the community. The Hearing Examiner's Findings of Fact are
below.
14. Prevent Overcrowding: The Comprehensive Plan Future Land Use Map for this property is
Low Density Residential, which permits densities of 3 to 6 dwelling units per acre. The
proposed plat has a density of approximately 4.20 units per acre. No more than 40 percent of
each lot is permitted to be covered with structures per the R-1 standards.
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15. Parks Open Space/Schools: The closest park, Tierra Vida Park, is under 1,000 feet away via
East Helena Street, Manzanita Lane and Tierra Vida Lane. Robinson Elementary School is
about a mile away by way of East Helena Street and South Wehe Avenue. Ochoa Middle
School is about 2 miles away via East Helena Street and Wehe Avenue. 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$4,700 will be charged for each new dwelling unit at the time of
building permit issuance.
16. Effective Land Use/Orderly Development: The plat is designed for single-family residential
development as identified in the Comprehensive Plan. The maximum density permitted under
the Comprehensive Plan is 6 dwelling units per acre. The developer is proposing a density of
approximately 4.20 units per acre.
17. 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).
18. Adequate Provision of Municipal Services: All lots within the plat would be provided with
water, sewer, and other utilities.
19. Provision of Housing for State Residents: The proposed plat contains 15 suburban lots
providing the opportunity for the construction of 15 new dwelling units in Pasco.
20. 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.
21. Proper Access & Travel: The plat will be developed to City standards to assure proper access
is maintained to each lot. Connections will be made to East Helena Street.
22. Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the plat site for
Low-Density Residential development. Policies of the Comprehensive Plan encourage the
advancement of home ownership and suggest the City strive to maintain a variety of housing
for residents.
23. 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 and
manufactured housing.
24. Public notice of this hearing was mailed out and published in the Tri-City Herald on July 24,
2022.
25. The site is within the City of Pasco.
26. The State Growth Management Act requires urban growth and urban densities to occur within
the Urban Growth Boundaries.
27. The site is vacant.
28. The site is not considered a critical area,a mineral resource area or a wetland.
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29. The site's Comprehensive Plan designation is for Low-Density Residential development,
which specifies residential development of 3 to 6 dwelling units per acre.
30. The site is zoned R-1 (Suburban).
31. The proposed subdivision is in conformance with the R-1 zoning requirements of the site.
32. The minimum lot area in the R-1 zone for Single-family residential dwellings is 7,200 square
feet.
33. The developer is proposing approximately 4.20 dwelling units per acre.
34. The Housing Element of the Comprehensive Plan encourages the advancement of programs
that promote home ownership and development of a variety of residential densities and
housing types.
35. The Transportation Element of the Comprehensive Plan encourages the interconnection of
neighborhood streets to provide for the disbursement of traffic.
36. The interconnection of neighborhood streets is necessary for utility connections (looping)and
the provision of emergency services.
37. Per City Resolution 2545 "Continuous streets, or a street proposed to be continuous, shall
carry the same name throughout".
38. The proposed Right-of-Way aligns with Sprague Avenue and East Butte Street and will be
named according to that alignment.
39. Per the ITE Trip Generation Manual 9th Edition, the proposed subdivision, when fully
developed, will generate approximately 5.81 trip/unit* 15 units=87.15 trips per day.
40. The current park impact fee is $1,734 per dwelling unit.
41. RCW 58.17.110 requires the City to make a finding that adequate provisions have been made
for schools before any preliminary plat is approved.
42. The City of Pasco has adopted a school impact fee ordinance compelling new housing
developments to provide the School District with mitigation fees. The fee was effective April
16, 2012.
43. Past correspondence from the Pasco School District indicates impact fees address the
requirement to ensure adequate provisions are made for schools.
44. Plat improvements within the City of Pasco are required to comply with the May 2022
Standard Drawings and Specification as approved by the City Engineer and the Pasco
Municipal Code. These improvements include but are not limited to water, sewer and
irrigation lines, streets, streetlights, and storm water retention. The handicapped-accessible
pedestrian ramps are to be completed with the street and curb improvements prior to final plat
approval. Sidewalks are installed at the time permits are issued for new houses, except
sidewalks along major streets,which are installed with the street improvements.
45. The assignment of water rights is a requirement for subdivision approval per Pasco Municipal
Code Section 26.04.115(B)and Section 3.07.160.
46. The developer is responsible for all costs associated with construction, inspection, and plan
review service expenses incurred by the City Engineering Office.
47. The City has nuisance regulations (PMC 9.60) that require property owners (including
developers)to maintain their properties in a manner that does not injure, annoy, or endanger
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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.
48. This site lies within the Pasco Landfill Groundwater Protection Area (see City of Pasco
Municipal Code Section 16.15.060). Any domestic water wells on the property must be
decommissioned in accordance with WAC 173-160; all future water use on the property
(domestic and landscaping)must be sourced from the City of Pasco.
49. An open record public hearing after due legal notice was held on August 9, 2023 via Zoom
videoconference.
50. Appearing and testifying on behalf of the Applicant at the hearing was John Scheline. Mr.
Scheline testified that he was an agent for the Applicant and authorized to appear and speak
on their behalf.Mr. Scheline testified that he was in agreement with all the representations set
forth within the staff report and the proposed Conditions of Approval.
51. No member of the public testified at the hearing.
52. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
53. 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 Preliminary 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
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.
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.
1.3 Per IFC 503.1, Fire Apparatus access roads shall be provided and maintained in
accordance with locally adopted street, road and access standards. A temporary fire
access road may be required from East Butte Street to East Helena Street pending
completion of South Road 30 East (Spokane Street on the Plat). South Road 30 East
shall be required to extend to East Helena Street as part of the plat.
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1.4 The corner of Butte Street and Sprague Street is in process of being reconfigured by
the property owners/developers to the south; as such, Applicant will be required to
provide a City-approved configuration for the corner of Butte Street and Sprague
Street, including a sight-distance safety evaluation. The comer of Butte Street and
Sprague Street shall be designed to ensure sight-distance requirements while also
allowing for standard setbacks and fences per PMC; proposed configuration shall not
require speed limits less than City Code/industry recommended travel speed for
similar corner configurations.
1.5 The Applicant will be required to submit an updated preliminary plat showing an
updated configuration of the corner of Butte Street prior to Civil Site Plan
submission; City approval of the updated preliminary plat shall be required prior to
review of Civil Site Plans.
2. The proposed subdivision contributes to the orderly development and land use patterns in the
area:
2.1 The proposed Plat makes efficient use of vacant land and will provide for the looping
of utilities and interconnectivity of streets as supported in the Comprehensive Plan.
The proposed subdivision will provide street improvements within the plat as per
City standards; connections will be made to East Helena Street.
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 surrounding properties
for Low-Density Residential development and may be developed with a variety of
residential dwelling units. Policies of the Comprehensive Plan encourage the
development of a variety of housing options for residents.
3.2 The plat indicates a density of 4.20 dwelling units per acre, which falls within the
density range established by the Comprehensive Plan.
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 Plan as noted in number three above.
5. The proposed subdivision conforms to the general purposes of the subdivision regulations.
5.1 The general purposes of the subdivision regulations have been enumerated and
discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the
subdivision is 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.
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III. CONDITIONS OF APPROVAL
All conditions imposed by this decision shall be binding on the applicant,which includes the owner
or owners of the properties,heirs, assigns,and successors.
1. All improvements shall be in accordance with the Pasco Municipal Code. The Pasco
Municipal Code adopts the most recent versions of the City of Pasco Standard Specifications,
the Washington State Department of Transportation Standard Specifications for Road,
Bridges,and Municipal Construction,the Intemational Building Code, and the Intemational
Fire Code. If there are any conflicting regulations in any of these documents,the more
stringent regulation shall apply.
2. The face of the plat shall include this statement: "As a condition of approval of this short plat
the owner has waived the right to protest the formation of a Local Improvement District for
right-of-way and utility improvements to the full extent as permitted by RCW 35.43.182."
3. The face of the final plat shall include this statement: "I7ie individual or company making
improvements on a lot or lots of this plat is responsible for providing and installing all trench,
conduit,primary vaults, secondary junction boxes,and backfill for the PUD's primary and
secondary distribution system in accordance with PUD specifications; said individual or
company will make full advance payment of line extension fees and will provide all
necessary utility easements prior to PUD construction and/or connection of any electrical
service to or within the plat."
4. Any existing water rights associated with the subject property shall be transferred to the City
as a condition of approval. If no water rights are available then the property owner,in
accordance with PMC 21.05.120, shall pay to the City,in lieu thereof,a water rights
acquisition fee as established in the City Fee Summary Ordinance as identified in PMC 3.35.
5. Only City and other utilities with franchise agreements are allowed in the public right of way.
6. Any and all overhead power is required to be re-routed below ground,unless applicant can
demonstrate that such undergrounding is technically or financially unfeasible.
7. It shall be the responsibility of the property owner/developer to contact all utility owners to
determine their system improvement requirements. Prior to subdivision construction plan
submittal and/or review the property owner/developer shall provide to the City of Pasco
written support/approval of the proposed development from all outside utilities,public and
private.
8. All fee payments for bonding of ROW improvements and Water Rights must be paid at the
time of Final Plat being submitted for signatures.
9. Street lighting will be required per city standard, as there is none fronting the project area.
10. All stormwater is required to be maintained and treated on site in accordance with
Washington State Depwiment of Ecology and City of Pasco Standards.
11. The City requires all utilities to be extended to-and-through the property being developed, as
such the sewer shall be extended to the northern property line within East Helena Street for
future extension north.
12. Per IFC 503.1, Fire Apparatus access roads shall be provided and maintained in accordance
with locally adopted street, road and access standards.A temporary fire access road may be
required from East Butte Street to East Helena Street pending completion of South Road 30
East(Spokane Street on the Plat).
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13. Plans for new developments need to provide information as to connection with other streets
to maintain continuity of traffic flow for emergency response in a timely manner. Continuity
of traffic flow is critical.
14. South Road 30 East shall be required to extend from East Butte Street to East Helena Street
as part of the plat.
15. Per PMC 21.35.080,Fire hydrants and the installation shall conform to the standards adopted
by the City Engineer. Fire hydrants typically will be installed on alternating sides of the street
on five-hundred-foot spacing in residential areas. Cul-de-sacs that are greater than two
hundred feet in length,as measured from the main street entrance to the bulb, shall have a
hydrant placed prior to the curb return entering the turnaround. Cul-de-sacs over three
hundred feet shall have hydrants at the entrance and at the turnaround prior to the curb return.
Hydrants shall be installed and maintained so that the radius of forty-eight inches of clearance
around the hydrant. The hydrants shall be visible within a distance of fifty feet in any
direction of fire Apparatus approach.
16. Dead-end roads greater than one hundred feet shall be provided with a turnaround,as per IFC
Section 5.
17. Plat shall detail existing conditions, such as the names of neighboring subdivisions and
property lines of all adjacent properties.
18. The final plat shall include a comment stating: "existing regulations regarding sight distance,
fence height, and setbacks may affect the placement of fences and driveways on any comer
lots."
19. Applicant shall provide a City-approved configuration for the comer of Butte Street and
Sprague Street, including a sight-distance safety evaluation. The comer of Butte Street and
Sprague Street shall be designed to ensure sight-distance requirements while also allowing
for standard setbacks and fences per PMC;proposed configuration shall not require speed
limits less than City Code/industry recommended travel speed for similar comer
configurations.
20. Applicant shall submit an updated preliminary plat showing an updated configuration of the
comer of Butte Street prior to Civil Site Plan submission; City approval of the updated
preliminary plat shall be required prior to review of Civil Site Plans.
IV. DECISION
Based upon the above Findings of Fact and Conclusion of Law, PP2023-002, (Preliminary Plat)as set
forth in the above matter, is hereby APPROVED, subject to the Conditions of Approval above.
Dated this % day of August, 2023.
CITY OF P G EXAMINER
Andre . Kottkamp
Absent a timely appeal,this Decision is final'
' See Ch. 36.70C RCW(establishing a 21 day appeal period to superior court,and setting forth necessary
review contents,along with filing and service requirements).
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