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Home My WebLink About07-24-24 HE Packet AGENDA Hearing Examiner 6:00 PM - Wednesday, July 24, 2024 Pasco City Hall, Council Chambers & GoToWebinar & GoToWebinar Page 1. REMOTE MEETING INSTRUCTIONS - Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of each meeting. Hearing Examiner meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER 3. PUBLIC HEARINGS 2 - 34 (a) APPL2023-001 SICKLE SHORT PLAT APPEAL 35 - 66 (b) APPL2023-002 SANDHU SHORT PLAT APPEAL 67 - 93 (c) Z2024-004 OSPREY POINTE REZONE I-3 TO MU 94 - 124 (d) PP2024-004 Kimmie Estates Preliminary Plat 125 - 177 (e) PP2022-003 Glacier Park Preliminary Plat 178 - 275 (f) PP2022-006 Raven Place Preliminary Plat 276 - 330 (g) PP2022-007 Madison Park North Preliminary Plat 4. ADJOURNMENT Page 1 of 330 MEMO TO THE HEARING EXAMINER HEARING EXAMINER MEETING City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, July 24, 2024 6:00 PM 1 TO:Andrew Kottkamp, Hearing Examiner FROM:Jeffrey B. Adams, Associate Planner SUBJECT:Wayne Sickle Short Plat Appeal (APPL 2023-001) HISTORY Planning Division staff received a short plat application (SPLAT 2023-002) from applicant Wayne Sickle on March 22, 2023, to subdivide the property at 6205 West Argent Road (Franklin County Assessor’s Parcel 117 440 056) into two lots, as follows: Lot Square Feet Acres 1 24,245.00 0.56 2 24,203.00 0.56 Total 48,448.00 1.11 Notification of the Plat application was sent by mail to the owners of the parcels within 300 feet of the proposed site on March 2, 2023, and published in the Tri-City Herald on March 05, 2023. Findings of Fact and Conditions of Approval were sent to Applicant sometime between April 3, 2023, and June 12, 2023 (the project lead resigned in April 2023). Applicant protested the decision on June 16, 2023, and sought a deviation; a deviation request was denied on June 20, 2023. Applicant subsequently submitted an application for appeal on June 27, 2023. A former City Engineer proposed a negotiation and the appeal was placed on hold on July 5, 2023. On October 2, 2023, the former City Engineer submitted Final Decision on Short Plat Conditions via email; Applicant subsequently chose to continue the appeal. 1 -Timeline Summary Table Date Action 22-Feb-2023 Short Plat Application Received 2-Mar-2023 Notice sent to surrounding properties 17-Mar-2023 Notice sent to Tri-Cities Herald 3-Apr-2023 Sickle 2-Lot Short Plat Findings and Conditions sent to Applicant (?) 7-Jun-2023 Email Payne to Bean - Request for Conditions of Approval Page 2 of 330 2 7-Jun-2023 (Bean Resignation) 12-Jun-2023 Email Barragan to Payne - Findings and Conditions Letter 13-Jun-2023 Email Baalman to Barragan - Questions about Short Plat Conditions 16-Jun-2023 Email Barragan to Baalman - Improvements Required prior to Signature 16-Jun-2023 Email Baalman to Barragan - Protest Short Plat Conditions 20-Jun-2023 Email Baragan to Former City Engineer - Deviation Request Question 20-Jun-2023 Email Former City Engineer to Barragan - No Deviation Request 27-Jun-2023 Appeal Application Received 30-Jun-2023 Email Former City Engineer to Baalman - Proposes Negotiations 5-Jul-2023 Email Baalman to Former City Engineer - Happy to Negotiate 20-Jul-2023 Email Adams to Former City Engineer - Request Update on Negotiations 20-Jul-2023 Email Former City Engineer to Adams - Hold off Hearing 20-Jul-2023 Email Adams to Former City Engineer - Agreed to hold off Hearing 1-Aug-2023 Email Former City Engineer to Baalman - Proposing time for Negotiations 1-Aug-2023 Email Baalman to Former City Engineer - Friday Proposed 1-Aug-2023 Email Former City Engineer to Baalman - Friday confirmed 1-Aug-2023 Email Baalman to Former City Engineer - Friday Invite Requested 1-Aug-2023 Email Former City Engineer to Baalman - Friday Meeting Invite confirmed 7-Aug-2023 Email Former City Engineer to Gonzalez - High-level Overview/Timeline 7-Aug-2023 Email Former City Engineer to Adams - Assistance with JG-requested Timeline 8-Aug-2023 Email Adams to Gonzalez/Former City Engineer - Timeline Submitted 8-Aug-2023 Email Former City Engineer to Adams - Add PMC Statutory Timelines 2-Oct-2023 Email Former City Engineer to Adams - Short Plats incompatible with Density Requirements Page 3 of 330 3 2-Oct-2023 Email Former City Engineer to Adams - Density requirements don’t apply to Sickle 2-Oct-2023 Email Former City Engineer to Baalman - Final Decision on Short Plat Conditions 6-Oct-2023 Email Adams to Former City Engineer - Confirming Applicability of Density Requirements 12-Oct-2023 Email Baalman to Former City Engineer - Sickle wishes to proceed with Appeal 15-Dec-2023 Email Adams to Former City Engineer - Former City Engineer Involvement in Hearing? 20-Dec-2023 Email Former City Engineer to Former City Planner - Summary of Efforts/Recommendation 9-Feb-2024 (Former City Engineer Resignation) 26-Feb-2024 (Former City Planner Resignation) 30-Apr-2024 Email Baalman to Hattori - Status on Sickle Appeal 30-Apr-2024 Email Hattori to Baalman; Adams - Comment Memo Attached 3-May-2024 Email Baalman to Hattori; Adams - Status on Sickle, Sandhu Appeals 3-May-2024 Email Adams to Gonzalez - Cases to HE or to City Attorney? STAFF FINDINGS OF FACT Upon review of the short Plat Application, the following Findings of Fact were sent to Applicant: Parks/Open Space/Schools: Pasco Sporting Complex is approximately 2.3 miles from the subject property which offers space for recreational activities. Park impact fees will be collected at the time of permitting of each single-family dwelling to be used for park development. Mark Twain Elementary School is approximately 1.2 miles from the subject property. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate 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. Safe Travel & Walking Conditions: Pavement sections for improvements of said private street are subject to approval by the City of Pasco Public Works and Fire Departments. Other right-of-way Page 4 of 330 4 improvements, where and when properly required by The City, will be installed and constructed to current City standards and to the standards of the Americans with Disabilities Act (ADA). Proper Access & Travel: The plat will be developed to City standards to assure proper access is maintained to each lot. Connections to the community will be provided by existing West Argent Road and Road 68. The short plat site will not be immediately served by Ben Franklin Transit, as the nearest transit stop is located approximately 1.4 miles north on Road 84 between West Bell Street and West Argent Road. The short plat was submitted to the Transit Authority for review (the discussion under “Safe Travel” above applies to this section also). Adequate Provision of Municipal Services: All lots within the plat will be provided with water, sewer, and other utilities. Comprehensive Plan Policies & Maps: The Comprehensive Plan indicates the site is intended for low-density residential development. According to the Comprehensive Plan, low-density residential development means 2 to 5 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for low-density residential uses when or where sewer is available, the location is suitable for home sites, and there is a market demand for new home sites. Policy H-1-E encourages the advancement of home ownership, and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before approving or denying of the proposed short plat, Planning staff must develop Findings of Fact from which to draw its conclusion 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; The proposed short 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 short 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. 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 Page 5 of 330 5 addresses the requirements of RCW 58.17.110. All new developments participate in establishing parks through the payment of park fees at the time of permitting. (2) The proposed Short Plat conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; 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. The Comprehensive Plan land use map designates the site for low-density residential development, which is described as 2 to 5 dwelling units per acre. The plat indicates the density to be 4.2 units per acre. The Housing Element of the Plan encourages the promotion of a variety of residential densities and suggests the community should support the advancement of programs encouraging home ownership. The Plan also encourages the interconnection of local streets for inter-neighborhood travel for public safety as well as providing for traffic disbursement. (3) The public use and interest will be served by approval of the proposed subdivision. 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. PLAT CONDITIONS & CORRECTIONS Planning Division 1) Include site addresses on the face of the plat Lot 1: 6205 W Argent Road Lot 2: 6111 W Argent Road 2) Water & Sewer connection will be required on Lot 2 upon development. Engineering Division 1) Infrastructure improvements are required prior to subdivision. Civil plans will need to be submitted for review and approval for construction. 2) Water & Sewer connection will be required on Lot 2 upon development. 3) On the face of the plat, it shall say: "At the time lots are developed all abutting streets and utilities shall be improved" 4) 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.” 5) All fee payments for bonding of ROW improvements and Water Rights must be paid at the time Page 6 of 330 6 of Final Plat being submitted for signatures. 6) All frontage improvements associated with this project are to be made in accordance with City of Pasco Design and Construction Standards and Specifications for Public Works Improvements and Municipal Codes. 7) All stormwater is required to be maintained and treated on site in accordance with Washington State Department of Ecology and City of Pasco Standards. 8) Civil plans submitted for City approval must be designed and stamped by a Washington State Licensed Civil Engineer. 9) Sewer will need to be considered, the subdivision of land does trigger concurrency standards, therefore sewer will need to be extended to-and-through the property to serve the new lot. APPEAL On June 27, 2023 Applicant David P. Baalman, of Rogers Surveying on behalf of Owner Wayne Sickle submitted an Application (APPL 2023-001) appealing the conditions of the Short Plat as follows: My clients, Wayne & Sandra Sickle, and my firm, Rogers Surveying Inc., P.S., are in receipt of the city's findings of fact & conditions regarding the above-named short plat, dated April 5, 2023. My clients wish to appeal the conditions of approval described therein. We recognize that we are well beyond the 10 working-day time limit for appeals permitted in the Pasco Municipal code, however as outlined in the attached email chain, the findings & conditions document was not received until June 12, 2023: We therefore request that date be utilized as the start of the appeal period. The specific reasoning for this appeal is outlined as follows: Planning Division condition 2: "Water & Sewer connection will be required on Lot 2 upon development." Our concern on this item is the lack of specificity in the word "development". This word is not defined in the Pasco Municipal Code nor the International Building Code, and there are multiple definitions in Webster's and Black's Law Dictionaries. If the city's intent is that lot 2 be provided a sewer connection at the time of construction of a new house or other building, then we have no concern and ask only that this be clarified. If, however the city's intent is that a sewer connection be provided now, with no knowledge of what a future owner may intend to build nor where they may intend to build it upon the lot, then we object. The mere existence of a new lot does not create the need for a sewer service to the lot. Please note also that-there is already a water service upon Lot 2, and we have a similar concern regarding the water portion of this condition. If the city's comment regarding water is that a future house must utilize said water service, we have no objection. If the city's comment is that some further construction must happen as a part of this short plat we object Page 7 of 330 7 for the same reasons described herein regarding sewer. Staff Response: Staff recommends that Applicant be required to obtain City water & sewer services to the lots upon submittal of a building permit (i.e., “development”). Engineering Division Condition 1: "Infrastructure improvements are required prior to subdivision. Civil plans will need to be submitted for review and approval for construction." We read this comment in light of Pasco Municipal Code §21.15.030, which requires construction of curb, gutter, sidewalk, illumination, traffic control devices, drainage control, engineered road bases, asphalt driving and parking lanes, and monumentation. We object given that this comment is contrary to well settled matters of statutory and case law on the state and federal level, which make clear the principal that for exactions of right of way or construction of improvements the city must demonstrate (1) that the exactions are reasonably necessary as a direct result of the proposed development, and (2) that the conditions don't require a developer to contribute more than their fair share of the costs. The city has made no argument in the findings and conditions document that this particular development creates a need for said improvements. We'll also note a few data points regarding improvements on Argent Road. The nearest curb, gutter, sidewalk, and other full improvement of Argent to the west is approximately one mile away at the intersection of Road 71st place. Easterly there is curb and gutter approximately ½ mile east of the project site at the beginning of the curve of the road to pass under Interstate 182, however there is no sidewalk nor is there room for a sidewalk at the underpass. We don't believe there is a reasonable argument that adding one lot on this road (upon which hundreds of lots already front) would create a need for such improvements, especially given that there are no other similar improvements in the area. This would literally be a 400' long sidewalk to nowhere. Further the city has made no attempt to fulfill its burden of proof providing a rational nexus connecting the requirements to this development. We cite RCW 58.17 .110(2), Nollan v. California Costal Commission, Dolan v. City of Tigard, Benchmark Land Co. v. City of Battleground, Koontz v. St. John's River Water Management District, Cobb v. Snohomish County, Luxembourg v. Snohomish County, Unlimited v. Kitsap County, Burton v. Clark County, United Development Corp. v. City of Mill Creek, and Church of the Divine Earth v. City of Tacoma in drawing these conclusions. Staff Response: Staff is not required to make an “argument in the findings and conditions document that this particular development creates a need for said improvements,” as this is already clearly spelled out in Pasco Municipal Code (PMC) 21.15.030, as follows: (1) Adequate and proper right-of-way improvements shall be required at the time adjoining property is developed and shall be required on all property. As a minimum a three-quarter street standard will be required if the property being developed only fronts on one side of the Page 8 of 330 8 street. (2) Adequate and proper right-of-way improvements shall include curb, gutter, sidewalk, illumination, traffic control devices, drainage control, engineered road bases, asphalt driving and parking lanes, and monumentation. All such improvements shall be approved by the City prior to construction and acceptance. The three-quarter street standard shall include curb, gutter and sidewalk on the developed side and a minimum of two complete traffic lanes. (3) The developer of real property shall be responsible for installing the required improvements within the respective half of right-of-way width abutting the real property being developed, provided such improvements consist of at least two traffic lanes. (4) Minimum sidewalk widths, not including the six-inch curb, shall not be less than the minimum dimension for sidewalks as follows: (a) Residential zones: four and one-half feet; Applicant has argued that “the conditions don't require a developer to contribute more than their fair share of the costs.” Staff points out that the provision by developers of standard improvements on all street frontages adjacent any proposed subdivision development was decided legislatively by City Council to be the developer’s “fair share” via the Pasco Municipal Code. Engineering Division Condition 2: "Water & sewer connection will be required on Lot 2 upon development." This condition is identical to planning division's comment 2, and our objections are therefore identical. Staff Response: Staff recommends that Applicant be required to obtain City water & sewer services to the lots upon submittal of a building permit (i.e., “development”). Engineering Division Condition 3: "On the face of the plat, it shall say [sic]: 'At the time lots are developed all abutting streets and utilities shall be improved."' We object to this condition first in that it seems to be contradictory to Engineering Division comment 1 with regard to timing, which continues to lead us to question the city's definition of the words "development" and "developed". Secondly, we object under the same principals cited above that the city has failed to provide any findings that state that this particular development creates a 'need for any right of way improvements. Requiring construction of roadway improvements by a future owner of any lot in this short plat at time of future building construction significantly affects the value of the lot, which is an unconstitutional taking of the landowner's rights. Timing does not matter in this regard, the requirement for construction of improvements does not meet the tests outlined above. Staff Response: Page 9 of 330 9 Per Pasco Municipal Code cited above, the requirement for site improvements, including streets and utilities, is connected to the subdivision of land, including Short Plats, and as such, is lawful. Engineering Division Condition 5: “All fee payments for bonding of ROW improvements and Water Rights must be paid at the time of Final Plat being submitted for signatures." We object to the requirement for bonding of right of way improvements on the same grounds outlined above. Staff Response: Per Pasco Municipal Code cited above, the requirement for site improvements, including ROW improvements and Water Rights, is connected to the subdivision of land, including Short Plats, and as such, is lawful. Bonding is simply an instrument guaranteeing the required development of said improvements to City standard. Engineering Division Condition 6: ''All frontage improvements associated with this project are to be made in accordance with City of Pasco Design and Construction Standards and Specification for Public Works Improvements and Municipal Codes." We object to the requirement for frontage improvements on the grounds outlined above and feel that any mention of the city's standards for said improvements become moot once the underlying improvement is dropped from the conditions as outlined above. Staff Response: Per Pasco Municipal Code cited above, the requirement for site improvements, including frontage improvements, is connected to the subdivision of land, including Short Plats, and as such, is lawful. Engineering Division Condition 7: “All stormwater is required to be maintained and treated on site in accordance with Washington State Department of Ecology and City of Pasco Standards." We object to the requirement given that it seems to be leading to the city's requirements for storm drain system construction, to which we object on the grounds outlined above. Staff Response: Per PMC 13.70.210 Storm water, well water and all other unpolluted drainage shall be contained on the property . . . in accordance with Chapter 13.80. Furthermore, per PMC 13.80.090(4)(a) [storm runoff] occurring on all lots or division of land subject to development by the construction of structures, improvements and the installation of impervious surfaces shall be retained and disposed of on-site with no storm runoff occurring thereon permitted to enter the public right-of-way or public storm drainage system. In other words, it is a Washington State Department of Ecology requirement as well as a City requirement that storm runoff may not leave a private property and enter into the City stormwater Page 10 of 330 10 system. Engineering Division Condition 8: "Civil plans submitted for City approval must be designed and stamped by a Washington State Licensed Civil Engineer." We object to the requirement for frontage improvements on the grounds outlined above and feel that any mention of the city's standards for said improvements (including their design requirements) become moot once the underlying improvement is dropped from the conditions as outlined above. Staff Response: Per Pasco Municipal Code cited above, the requirement for site improvements, including frontage improvements, is connected to the subdivision of land, including Short Plats, and as such, is lawful. Engineering Division Condition 9: "Sewer will need to be considered; the subdivision of land does trigger concurrency standards; therefore sewer will need to be extended to-and-through the property to serve the new lot." We object to the requirement for construction of a sewer service to either lot at this time, as outlined above. We believe this condition is referring to Pasco Municipal Code §12.36.050(2), which requires improvements at time of development, including extending utility lines "through the length of the property being developed". We again first question the city's definition of "development" and "developed". We further note that a sewer main already exists in Argent Road, and therefore believe the city's (albeit unconstitutional) requirements are already met with regard to this condition and therefore consider it moot. We request this condition be dropped in the interest of clarity. Staff Response: Per Pasco Municipal Code cited above, the requirement for site improvements, including the extension of sewer services, is connected to the subdivision of land, including Short Plats, and as such, is lawful. Staff submits the definition of “development” as the moment of building permit submittal. As such, the requirement may be interpreted as follows: “At the time lots are developed [with submittal for building permits for one or more structures of any kind requiring building permits] all abutting streets and utilities shall be improved [in conjunction with said structures].” On the grounds herein outlined we object to the conditions of approval of said short plat 2023-002 and request a hearing with the Hearing Examiner on the next available date. Staff Response: Per Pasco Municipal Code 25.195.020, Appeals may be heard by the examiner, where it is alleged by the applicant that there is error in any order, requirement, permit, decision or determination made by the City Planner in the administration or enforcement of this title. Applicant is requesting approval of a Short Plat which does not conform to the City of Pasco Municipal Code. Applicant has failed to produce sufficient evidence that there [was] error in any order, Page 11 of 330 11 requirement, permit, decision or determination made by the City Planner in the administration or enforcement of this title. Staff Discussion Proper public notice for this appeal hearing was posted in the Tri-City Herald and sent to property owners within 300 feet on July 2, 2024. The State of Washington authorizes Cities broad powers to legislate and govern pursuant to the provisions of RCW 35.21; as such, Staff cites City of Pasco Subdivision regulations as the guiding principles for evaluating subdivision applications, and confines its arguments to same, as follows: Per Pasco Municipal Code (PMC) 21.05.020, “The purpose of this title is to regulate the division of land within the Pasco Urban Area. This title is to also further the purpose of promoting the health, safety, convenience, comfort, prosperity and general welfare of the present and future inhabitants of the Pasco Urban Area, and to: (1) Prevent the overcrowding of land; (2) Lessen congestion and promote safe and convenient travel by the public on streets and highways; (3) Promote the effective use of land; (4) Provide for adequate light and air; (5) Facilitate adequate provision for water, sewerage, drainage, parks and recreational areas, and other public requirements; (6) Provide for proper ingress and egress; (7) Provide for the expeditious review and approval of proposed land divisions which comply with this title, the Pasco Urban Area Zoning Ordinance, other City Plans, policies and land use controls, and Chapter 58.17 RCW; (8) Adequately provide for the housing, commercial and industrial needs of the citizens of the state and City; (9) Require uniform monumenting of land divisions and conveyance by accurate legal descriptions; (10) Implement the goals, objectives, and policies of the Pasco Comprehensive Plan. Furthermore, and per PMC 21.40.080, [t]he Community and Economic Development Director or designee shall, after conferring with appropriate officials, determine whether: (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 and other planning features that assure safe walking conditions for students; Page 12 of 330 12 (2) The proposed short plat contributes to the orderly development and land use patterns in the area; (3) The proposed short plat conforms to the policies, maps and narrative text of the Comprehensive Plan; (4) The proposed short plat conforms to the general purposes of applicable policies or regulations adopted by the City Council; (5) The proposed short plat conforms to the general purposes of this title; (6) The public use and interest will be served by permitting the proposed division of the land. Per PMC 21.40.090(1) If the foregoing requirements are met, the short plat will be approved and transmitted to the applicant. Or in other words, a short Plat may not be approved unless it conforms to the above criteria. Applicant is requesting approval of a Short Plat which does not conform to the above criteria and has not presented adequate justification to deviate therefrom. As such, Staff recommends denial of the appeal. Page 13 of 330 Pa g e 1 4 o f 3 3 0 Pa g e 1 5 o f 3 3 0 Pa g e 1 6 o f 3 3 0 Pa g e 1 7 o f 3 3 0 Pa g e 1 8 o f 3 3 0 /27 /27 Pa g e 1 9 o f 3 3 0 Pa g e 2 0 o f 3 3 0 *(>%4=>>>'>"<2>)-7/5>,#> > * > >>&!> > ! !! !!! ! *=«´Z Ð#vZÐ (6 >º[Ð3¾Gw½½\RÐ Ë&Ð Ð'Ð 7p]Ð¾S^¡«wm[TÐq_ `HÆÐ?v]¬Ðj¢Ð£]Áv]ÄÐGÇÐµp[Ð%\=¤xnÐ!Å@yZ£Ð ziÐRwkl_ ]¶Ð´q?ÐAwK=¶Ð +?[Ð ,BaÐ UR¢[««Ð /r]Ð !?{Ð 1 ]L´ÐVS£]®¯Ð ÉÐ;4Ð 9Ð ÌÐ 1©]L·Ð1D£M[Ð-¾I^ Ð .Ð RR¤Z®Ð 0s_Ð "C|Ð ¿ £b¸Ð:{o Ð 2 Z¬Z¶Ð)?UÐ8°]Ð ¥ÐÐ $}ÂZÐ=ÐUc¹E{dWÐX]¬N¦{¹~ÐiÐºteÐ¤±ZYÐ¾²\Ð¹tF»Ð£fÀv¦g®Ð=ÐÃ=§=O[Ðª 5ZPv=ÐQw¨K¾¬¶?Ld³ÐF{N?JhÐ¼Ð´u[Ð¤Z£½È<ÊÍÎÏ +60.921>$:3;89> > APPL 2023-001 27 Jun 2023 Page 21 of 330 ºÉCH©É±fIÉ©±¡n:±És±J¡¡K±.±oÉVÉ²fLÉÃpaÉ¡Cn/;MÉCJ¤n¹KÉ±gNÉ.~n<.²ÉWÉ¡qaf±«É0DÉ ¡n¹n~KbLªÉL|¾KCÉ8¾É±fJ¡É¤O§±nP«ÉnÉ²fKÉ¹n<on±¾É¸EO¡É1ÉnCJ±zA2~ÉÄocÉ <3¬«oVw@/±oÉ+,É-É (².YVÉCL=r«rÉ»fr:hÉnÉ8JndÉ.J.LCÉ ÆÉ Ç¨É # É È)É } ¢ É !$*É &¤¹sCKÉ/É¹.£t.>LÉ¤Q¥²Éer¹rbÉ/Éq®³É 4FÉ.n~{dÉ.CC¥Kª¯ÉXÉ»K¤©ÉYÉ5~É¡R¤´¾É ¼uµfnÉÉ VII²ÉZÉ±gPÉ/v:.µ¯É ¤K¥²¿É3«É©i»É9ÀÉ/É~?.É¶v±SÉ:.¾É%'É6¾T±É[É »jrBkÉ©l.~É 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'OPjA@@jY:iU@VbajAW]j<WV?FVCjWAj639jFUY]We@U@Vbaj:V?j9:b@]j6FCDbajUcabj<@jY:F?j:bjbD@jbFU@jWBj,FV:Oj5O:b <@FVCjac<UGbb@?jAW^jaFCV:bc]@a 'OOjA]WVb:C@jGUY^We@U@Vbaj:aaW>F:b@?jgFbDjbEFajY_WL@>bj:]@jbWj<@jU:?@jFVj:>>W]?:V>@jgFbEj(FbijWAj4:a>Wj)@aFCV :V?j(WVab]c>bFWVj7b:V?:]?aj:V?j7Y@>FAF>:bFWVajAW]j4c<OF>j9W]Maj -UY]Wf@U@Vbaj:V?j 2cVF>FZ:Oj(W?@a 'TNjabW`Ug:b@]jIaj]@[dF`@?jbWj<@jU:JVb:FV@?j:V?jb]@:b@?jWVjaGb@jFVj:>>W^?:V>@jgFbDj9:aDFVCbWVj7b:b@ )@Z:]bU@VbjWBj*>WPWCij:V?j(FbijWAj4:a>Wj7b:V?:]?a !(FeFOjZO:Vajac<UFbb@?jAW^j(Fbij:YY]We:OjUcabj<@j?@aFCV@?j:V?j ab:UZ@?j<ij:j9:aDFVCbWVj7b:b@j/F>@Va@?j(FfKR +VCFV@@] "7@g@]jgGROjV@@?jbWj<@j>WVaF?@]@? jbD@jac<?FfFaFWVjWAjO:V?j?W@ajb]FCC@]j>WV>c^]@V>ijab:V?:]?a jbD@]@AW]@ja@g@] gFOOjV@@?jbWj<@j@hb@V?@?jbW :V?bD]WcCDjbD@jY]WY@_bijbWja@]f@jbD@jV@gjRWb Page 31 of 330 Page 32 of 330 Page 33 of 330 Pa g e 3 4 o f 3 3 0 MEMO TO THE HEARING EXAMINER HEARING EXAMINER MEETING City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, July 24, 2024 6:00 PM 1 TO:Andrew Kottkamp, Hearing Examiner FROM:Jeffrey B. Adams, Associate Planner SUBJECT:Rajbir Sandhu Short Plat Appeal (APPL 2023-002) HISTORY Planning Division staff received a short plat application (SPLAT 2023-005) from applicant Rajbir Sandhu on June 16, 2023, to subdivide the property at 5617 West Argent Road (Franklin County Assessor’s Parcel 117470069) into two lots, as follows: Lot Square Feet Acres 1 20,100.00 0.46 2 20,044.00 0.46 Total 40,144.00 0.92 Notification of the Plat application was sent by mail to the owners of the parcels within 300 feet of the proposed site and published in the Tri-City Herald on June 23, 2023. Findings of Fact and Conditions of Approval were sent to Applicant on or around July 14, 2023. Applicant protested the decision and submitted an Application for hearing Examiner Review (APPL 2023-002) on July 19, 2023, including a letter of appeal. The Appeal process was placed on hold as another nearly identical appeal (APPL 2023-001) for a similar Short Plat (Sickle Short Pat - SPLAT 2023-002) was in negotiations with the former City Engineer, based on the same legal precedents. On October 2, 2023, the former City Engineer submitted Final Decision on the above cited Short Plat 2023-002 Conditions via email; Applicant subsequently chose to continue the appealfor both the Sickle and Sandhu Short Plats. The decision to involve the City Attorney was contemplated by Staff due to the content of the appeal, namely citing court cases Nollan v. California Costal Commission, Dolan v. City of Tigard, Benchmark Land Co. v. City of Battleground, Koontz v. St. John's River Water Management District, Cobb v. SnohomishCounty, Luxembourg v. Snohomish County, Unlimited v. Kitsap County, Burton v. Clark County, United Development Corp. v. City of Mill Creek, and Church of the Divine Earth v. City of Tacoma. 1 -Timeline Summary Table Date Action Page 35 of 330 2 16-Jun-2023 Sandhu 2-Lot Short Plat Application Received 23-Jun-2023 Notice sent to surrounding properties 23-Jun-2023 Notice sent to Tri-Cities Herald 14-Jul-2023 Sandhu 2-Lot Short Plat Findings and Conditions sent to Applicant 27-Jul-2023 Appeal Application Received 7-Aug-2023 Email Former City Engineer to Gonzalez - High-level Overview/Timeline 7-Aug-2023 Email Former City Engineer to Adams - Assistance with JG-requested Timeline 8-Aug-2023 Email Adams to Gonzalez/Former City Engineer - Timeline Submitted 8-Aug-2023 Email Former City Engineer to Adams - Add PMC Statutory Timelines 2-Oct-2023 Email Former City Engineer to Adams - Short Plats incompatible with Density Requirements 2-Oct-2023 Email Former City Engineer to Adams - Density requirements do apply to Sandhu 2-Oct-2023 Email Former City Engineer to Baalman - Final Decision on Short Plat Conditions 6-Oct-2023 Email Adams to Former City Engineer - Confirming Applicability of Density Requirements 12-Oct-2023 Email Baalman to Former City Engineer – Sandhu unsure about continuing with Appeal 15-Dec-2023 Email Adams to Former City Engineer - Former City Engineer Involvement in Hearing? 20-Dec-2023 Email Former City Engineer to former Senior Planner- Summary of Efforts/Recommendation 9-Feb-2024 (Former City Engineer Resignation) 26-Feb-2024 (Former Senior Planner Resignation) 19-Mar-2024 Email Barragan to Adams – Sandhu wishes to proceed with Appeal 19-Mar-2024 Email Adams to Barragan – Referred to City Attorney? 22-Mar-2024 Email Ferguson to Adams - being reviewed by Gonzalez/Pashon to determine City Page 36 of 330 3 Attorney’s Involvement in Appeal 04-Apr-2024 Email Gonzalez to Adams – Request for updates on Appeals 30-Apr-2024 Email Baalman to Hattori - Status on Sickle Appeal 30-Apr-2024 Email Hattori to Baalman; Adams - Comment Memo Attached 3-May-2024 Email Baalman to Hattori; Adams - Status on Sickle, Sandhu Appeals 3-May-2024 Email Adams to Gonzalez - Cases to HE or to City Attorney? STAFF FINDINGS OF FACT Upon review of the Short Plat Application, the following Findings of Fact were sent to Applicant: Parks/Open Space/Schools: Palomino Park is approximately 0.5 miles from the subject property which offers space for recreational activities. Park impact fees will be collected at the time of permitting of each dwelling unit to be used for park development. Chiawana High School is approximately 1.6 miles from the subject property. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate 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. Safe Travel & Walking Conditions: The short plat’s purpose is to facilitate financing. However, proper right-of-way improvements, if they do not already exist, must be installed as a condition of short plat approval. Full right-of-way improvements will be installed and constructed to current City standards and to the standards of the Americans with Disabilities Act (ADA). Such improvements include curb, gutter, sidewalk, streetlights, street striping, etc. which promote safe travel. Proper Access & Travel: The plat will be developed to City standards to assure proper access is maintained to each lot. Connections to the community will be provided by existing West Argent Road. The short plat site will be immediately served by Ben-Franklin Transit, as the nearest transit stop is located approximately 350 ft east on West Argent Road. The short plat was submitted to the Transit Authority for review (the discussion under “Safe Travel” above applies to this section also). Adequate Provision of Municipal Services: All lots within the plat will be provided with water, Page 37 of 330 4 sewer, and other utilities. Comprehensive Plan Policies & Maps: The Comprehensive Plan indicates the site is intended for low-density residential development. According to the Comprehensive Plan, low-density residential development means a variety of residential housing at a density of 3 to 6 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for low- density residential uses when or where sewer is available, the location is suitable for home sites, and there is a market demand for new home sites. Goal H-1 encourages housing for all economic segments of the city’s population consistent with the local and regional market, and Goal H-2 preserves and maintains the existing housing stock for present and future residents. Goal LU-2 plans for a variety of compatible land uses within the UGA. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before approving or denying of the proposed short plat, Planning staff must develop Findings of Fact from which to draw its conclusion 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; The proposed short 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 short 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. Based on the School District’s Capital Facilities Plan the City collects school mitigation fees for each new dwelling unit. The fee is paid at the time of building permit issuance. The school impact fee addresses the requirements of RCW 58.17.110. All new developments participate in establishing parks through the payment of park fees at the time of permitting. (2) The proposed Short Plat conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; 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. The Comprehensive Plan land use map designates the site for low-density residential development, which is described as 3 to 6 dwelling units per acre. The plat indicates the density Page 38 of 330 5 to be 2 units per acre with the feasibility of 1 accessory dwelling unit for each. Re-zoning would not be feasible to require more units. The Housing Element of the Plan encourages the promotion of a variety of residential densities and suggests the community should support the advancement of programs encouraging home ownership. The Plan also encourages the interconnection of local streets for inter-neighborhood travel for public safety as well as providing for traffic disbursement. (3) The public use and interest will be served by approval of the proposed subdivision. 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. PLAT CONDITIONS & CORRECTIONS Planning Division Planning Division 1) Please include site addresses on the face of the plat Lot 1: 5617 W Argent Rd Lot 2: 5611 W Argent Rd 2) Minimum frontage of 90' required. 3) PMC 21.20.070 (1) (a) 20% lot size reduction can apply to one lot. 4) On the face of the plat: This subdivision includes lots created utilizing the lot size averaging under PMC 21.20.070. The site area of any lot in excess of the required minimum lot size shall not be used to increase the overall density of further divisions of land, unless consistent with existing zoning or as may be amended. Please remove Big Bend Electrical Co Op signature block and add Franklin PUD signature block. Please remove Benton Franklin Health District signature block. Engineering Division 1) Additional Right of Way dedication required for Arterial width. 2) Infrastructure improvements are required prior to subdivision. Civil plans will need to be submitted for review and approval for construction. 3) On the face of the plat: "At the time lots are developed all abutting streets and utilities shall be improved" 4) 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.” 5) All fee payments for bonding of ROW improvements and Water Rights must be paid at the time of Final Plat being submitted for signatures. 6) All frontage improvements associated with this project are to be made in accordance with City of Pasco Design and Construction Standards and Specifications for Public Works Improvements and Municipal Codes. 7) All stormwater is required to be maintained and treated on site in accordance with Washington State Department of Ecology and City of Pasco Standards. Page 39 of 330 6 8) Civil plans submitted for City approval must be designed and stamped by a Washington State Licensed Civil Engineer. 9) Sewer will need to be considered, the subdivision of land does trigger concurrency standards, therefore sewer will need to be extended to-and-through the property to serve the new lots. Franklin County Irrigation District 1) The parcel is currently served and assessed by Franklin County Irrigation District #1. The irrigation service line is currently directly to the FCID canal. The service line location as to where it enters the property is unknown. The location will need to be verified. A separate valve(s) will need to be installed so that each of the new lots will have access to the irrigation water, if it is located within an area that each property has equal access to the water. If not FCID will need to relocate the line within the FCID canal right of way to a point near the northeast corner of the proposed lot 1, where the two new valves will be installed. The owner shall be charged for one of new connection points at the existing installation rate at the time of connection application. 2) All FCID easements and other rights granted to FCID #1 shall remain in effect. 3) Questions regarding FCID service please contact the FCID office at (509) 547-3831. 4) On the face of the plat: FCID signature block needs to be added. APPEAL On July 19, 2023 Applicant David P. Baalman, of Rogers Surveying on behalf of Owner Raj Sanhu submitted an Application (APPL 2023-002) appealing the conditions of the Short Plat as follows: My client, Rajbir Sandhu, and my firm, Rogers Surveying Inc., P.S., are in receipt of the city's findings of fact & conditions regarding the above-named short plat, dated July 13, 2023. My client wishes to appeal the conditions of approval described therein. The specific reasoning for this appeal is outlined as follows: Engineering Division condition 1: ''Additional Right of Way dedication required for Arterial width." We object given that this comment is contrary to well settled matters of statutory and case law on the state and federal level. As described in the cases cited below, the city cannot condition approval of a short plat on dedication of right of way unless the city demonstrates (1) that the exaction of said right of way is reasonably necessary as a direct result of the proposed short plat, and (2) that the dedication does not require the landowner to contribute more than their fair share. The city's findings of fact and conclusions described in the approval letter make no statements describing how right of way dedication is necessitated by the short plat at hand. Given that the short plat fronts on a street which is many miles long and has hundreds of lots which front upon it, it's clear that the addition of one lot to this situation will not cross any reasonable threshold necessitating additional right of way. Further the subject property is one lot in a group of 8 parcels immediately adjacent which all have the same 25' right of way width. This would therefore be an isolated right of way dedication with the width remaining the same on the adjacent lots. It's difficult to see how one landowner being required to dedicate additional right of way while adjoiners are not could be classified as contributing their fair share. In reaching these conclusions we cite RCW 58.17.110(2), Nol/an v. Page 40 of 330 7 California Costa/ Commission, Dolan v. City of Tigard, Benchmark Land Co. v. City of Battleground, Koontz v. St. John's River Water Management District, Cobb v. Snohomish County, Luxembourg v. Snohomish County, Unlimited v. Kitsap County, Burton v. Clark County, United Development Corp. v. City of Mill Creek, and Church of the Divine Earth v. City of Tacoma. Staff Response: Applicant has argued that “the city cannot condition approval of a short plat on dedication of right of way unless the city demonstrates (1) that the exaction of said right of way is reasonably necessary as a direct result of the proposed short plat, and (2) that the dedication does not require the landowner to contribute more than their fair share.” Staff points out that 1) Applicant proposes to convert (partially) vacant land to residential uses via a residential short plat; 2) that platting of land requires dedication of street rights-of-way; 3) that the proposed lot is adjacent a designated arterial street; 4) that rights-of-way along arterial streets are required to be between 80 and 100 feet wide per Pasco Municipal Code; 5) that the provision by developers of standard improvements on all street frontages adjacent any proposed subdivision or development was decided legislatively by City Council via the Pasco Municipal Code to be the developer’s “fair share;” 6) any future subdivision along said arterial street will likewise be required to dedicate a “fair share” of street ROW. Engineering Division Condition 2: "Infrastructure improvements are required prior to subdivision. Civil plans will need to be submitted for review and approval for construction." We read this comment in light of Pasco Municipal Code §21.15.030, which requires construction of curb, gutter, sidewalk, illumination, traffic control devices, drainage control, engineered road bases, asphalt driving and parking lanes, and monumentation. Similar to condition 1 above, we object given that this comment is contrary to the same statutory and case law cited above. I The city has made no argument in the findings and conditions document that this particular development creates a need for said improvements. We'll also note a few data points regarding improvements on Argent Road. The nearest curb, gutter, sidewalk, and other full improvement of Argent to the west is approximately 0.8 miles away at the intersection of Road 71st place. Easterly there is curb and gutter approximately 0.4 miles to the east of the project site at the beginning of the curve of the road to pass under Interstate 182, however there is no sidewalk nor is there room for a sidewalk at the underpass. We don't believe there is a reasonable argument that adding one lot on this road (upon which hundreds of lots already front) would create a need for such improvements, especially given that there are no other similar improvements in the area. This would literally be a 180' long sidewalk to nowhere. Further the city has made no attempt to fulfill its burden of proof providing a rational nexus connecting the requirements to this development. We cite the same cases as condition 1 above in drawing these conclusions. Staff Response: As noted by Applicant, Pasco Municipal Code 21.15.030 “requires construction of curb, gutter, Page 41 of 330 8 sidewalk, illumination, traffic control devices, drainage control, engineered road bases, asphalt driving and parking lanes, and monumentation” for all subdivisions of land in the city of Pasco. Staff is not under obligation to justify Pasco Municipal code for any “particular” subdivision. That any particular parcel adjacent has not yet been subdivided/developed is immaterial, as future subdivision and development on any lot adjacent will require similar improvements. Whether the street and frontage improvements are financed by subdivider piecemeal or all at once via local improvement district (LID), the financial obligation for street and frontage improvements still devolves upon the owner adjacent the ROW. Engineering Division Condition 3, part 1: “On the face of the plat: At the time lots are developed all abutting streets and utilities shall be improved." We object to the requirement for street and utility improvements on the same grounds outlined in conditions 1 and 2 above. Staff Response: Per Pasco Municipal Code cited above, the requirement for site improvements, including streets and utilities, is connected to the subdivision of land, including Short Plats, and as such, is lawful. Engineering Division Condition 3, part 3: “All fee payments for bonding of ROW improvements and Water Rights must be paid at the time of Final Plat being submitted for signatures." We object to the requirement for bonding of right of way improvements on the same grounds outlined in conditions 1 and 2 above. Staff Response: Per Pasco Municipal Code cited above, the requirement for site improvements, including ROW improvements and Water Rights, is connected to the subdivision of land, including Short Plats, and as such, is lawful. Bonding is simply an instrument guaranteeing the required development of said improvements to City standard. Engineering Division Condition 3, part 4: ''All frontage improvements associated with this project are to be made in accordance with City of Pasco Design and Construction Standards and Specification for Public Works Improvements and Municipal Codes." We object to the requirement for frontage improvements on the grounds outlined in conditions 1 and 2 above and feel that any mention of the city's standards for said improvements become moot once the underlying improvement is dropped from the conditions as outlined above. Staff Response: Per Pasco Municipal Code cited above, the requirement for site improvements, including frontage improvements, is connected to the subdivision of land, including Short Plats, and as such, is lawful. Engineering Division Condition 3, part 5: ''All stormwater is required to be maintained and treated on site in accordance with Washington State Department of Ecology and City of Pasco Standards." We object to the requirement given that it seems to be leading to the city's requirements for storm drain system construction, to which we object on the Page 42 of 330 9 grounds outlined in conditions 1 and 2 above. Staff Response: PMC 13.70.210 Storm water, well water and all other unpolluted drainage shall be contained on the property . . . in accordance with Chapter 13.80. Furthermore, per PMC 13.80.090(4)(a) [storm runoff] occurring on all lots or division of land subject to development by the construction of structures, improvements and the installation of impervious surfaces shall be retained and disposed of on-site with no storm runoff occurring thereon permitted to enter the public right-of-way or public storm drainage system. In other words, it is a Washington State Department of Ecology requirement as well as a City requirement that storm runoff may not leave a private property and enter into the City stormwater system. Engineering Division Condition 3, part 6: “Civil plans submitted for City approval must be designed and stamped by a Washington State Licensed Civil Engineer." We object to the requirement for frontage improvements on the grounds outlined in conditions 1 and 2 above and feel that any mention of the city's standards for said improvements (including their design requirements) become moot once the underlying improvement is dropped from the conditions as outlined above. Staff Response: Per Pasco Municipal Code cited above, the requirement for site improvements, including frontage improvements, is connected to the subdivision of land, including Short Plats, and as such, is lawful. Engineering Division Condition 3, part 7: “Sewer will need to be considered, the subdivision of land does trigger concurrency standards, therefore sewer will need to be extended to-and-through the property to serve the new lot." We object to the requirement for construction of a sewer service to either lot at this time. We assert that the correct time to require construction of a sewer service is at the time of approval of a building permit on the lot, as that is the time when the correct location will be known for the service, and more importantly that is the time when the service becomes necessary. We believe this condition is referring to Pasco Municipal Code §12.36.050(2), which requires improvements at time of development, including extending utility lines "through the length of the property being developed". We again first question the city's definition of "development" and "developed". We further note that a sewer main already exists in Argent Road, and therefore believe the city's (albeit unconstitutional) requirements are already met with regard to this condition and therefore consider it moot. We request this condition be dropped in the interest of clarity. Staff Response: Per Pasco Municipal Code cited above, the requirement for site improvements, including the extension of sewer services, is connected to the subdivision of land, including Short Plats, and as such, is lawful. Page 43 of 330 10 Staff submits the definition of “development” as the moment of building permit submittal. As such, the requirement may be interpreted as follows: “At the time lots are developed [with one or more structures of any kind requiring building permits] all abutting streets and utilities shall be improved [in conjunction with said structures].” City of Pasco Code Requirement for Appeals: Per Pasco Municipal Code 25.195.020, Appeals may be heard by the examiner, where it is alleged by the applicant that there is error in any order, requirement, permit, decision or determination made by the City Planner in the administration or enforcement of this title. Applicant is requesting approval of a Short Plat which does not conform to the City of Pasco Municipal Code. Applicant has failed to produce sufficient evidence that there [was] error in any order, requirement, permit, decision, or determination made by the City Planner in the administration or enforcement of this title. Staff Discussion Proper public notice for this appeal hearing was posted in the Tri-City Herald and sent to property owners within 300 feet on July 2, 2024. The State of Washington authorizes Cities broad powers to legislate and govern pursuant to the provisions of RCW 35.21; as such, Staff cites City of Pasco Subdivision regulations as the guiding principles for evaluating subdivision applications, and confines its arguments to same, as follows: Per Pasco Municipal Code (PMC) 21.05.020, “The purpose of this title is to regulate the division of land within the Pasco Urban Area. This title is to also further the purpose of promoting the health, safety, convenience, comfort, prosperity and general welfare of the present and future inhabitants of the Pasco Urban Area, and to: (1) Prevent the overcrowding of land; (2) Lessen congestion and promote safe and convenient travel by the public on streets and highways; (3) Promote the effective use of land; (4) Provide for adequate light and air; (5) Facilitate adequate provision for water, sewerage, drainage, parks and recreational areas, and other public requirements; (6) Provide for proper ingress and egress; (7) Provide for the expeditious review and approval of proposed land divisions which comply with this title, the Pasco Urban Area Zoning Ordinance, other City Plans, policies and land use controls, and Chapter 58.17 RCW; (8) Adequately provide for the housing, commercial and industrial needs of the citizens of the state and City; Page 44 of 330 11 (9) Require uniform monumenting of land divisions and conveyance by accurate legal descriptions; (10) Implement the goals, objectives, and policies of the Pasco Comprehensive Plan. Furthermore, and per PMC 21.40.080, [t]he Community and Economic Development Director or designee shall, after conferring with appropriate officials, determine whether: (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 and other planning features that assure safe walking conditions for students; (2) The proposed short plat contributes to the orderly development and land use patterns in the area; (3) The proposed short plat conforms to the policies, maps and narrative text of the Comprehensive Plan; (4) The proposed short plat conforms to the general purposes of applicable policies or regulations adopted by the City Council; (5) The proposed short plat conforms to the general purposes of this title; (6) The public use and interest will be served by permitting the proposed division of the land. Per PMC 21.40.090(1) If the foregoing requirements are met, the short plat will be approved and transmitted to the applicant. Or in other words, a short Plat may not be approved unless it conforms to the above criteria. Applicant is requesting approval of a Short Plat which does not conform to the above criteria. As such, Staff recommends denial of the appeal. 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'OPjA@@jY:iU@VbajAW]j<WV?FVCjWAj639jFUY]We@U@Vbaj:V?j9:b@]j6FCDbajUcabj<@jY:F?j:bjbD@jbFU@jWBj,FV:Oj5O:b <@FVCjac<UGbb@?jAW^jaFCV:bc]@a 'OOjA]WVb:C@jGUY^We@U@Vbaj:aaW>F:b@?jgFbDjbEFajY_WL@>bj:]@jbWj<@jU:?@jFVj:>>W]?:V>@jgFbEj(FbijWAj4:a>Wj)@aFCV :V?j(WVab]c>bFWVj7b:V?:]?aj:V?j7Y@>FAF>:bFWVajAW]j4c<OF>j9W]Maj -UY]Wf@U@Vbaj:V?j 2cVF>FZ:Oj(W?@a 'TNjabW`Ug:b@]jIaj]@[dF`@?jbWj<@jU:JVb:FV@?j:V?jb]@:b@?jWVjaGb@jFVj:>>W^?:V>@jgFbDj9:aDFVCbWVj7b:b@ )@Z:]bU@VbjWBj*>WPWCij:V?j(FbijWAj4:a>Wj7b:V?:]?a !(FeFOjZO:Vajac<UFbb@?jAW^j(Fbij:YY]We:OjUcabj<@j?@aFCV@?j:V?j ab:UZ@?j<ij:j9:aDFVCbWVj7b:b@j/F>@Va@?j(FfKR +VCFV@@] "7@g@]jgGROjV@@?jbWj<@j>WVaF?@]@? jbD@jac<?FfFaFWVjWAjO:V?j?W@ajb]FCC@]j>WV>c^]@V>ijab:V?:]?a jbD@]@AW]@ja@g@] gFOOjV@@?jbWj<@j@hb@V?@?jbW :V?bD]WcCDjbD@jY]WY@_bijbWja@]f@jbD@jV@gjRWb Page 63 of 330 Page 64 of 330 Page 65 of 330 Pa g e 6 6 o f 3 3 0 REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, 24 July 2024 6:00 PM 1 MASTER FILE #: Z 2024-004 APPLICANT: JMS Development LLC 904 E Ainsworth Avenue Pasco, WA 99301 REQUEST: REZONE: 904 E Ainsworth Avenue (Parcel # 112-420-025), 1110 Osprey Pointe Boulevard (Parcel # 112-420-026), and 1740 E Dock Street (Parcel # 112-420-027) rezone from I-3 (Heavy Industrial) to (MU Mixed Use). Timeline: 31 May 2024 Application Submitted 6 June 2024 Determination of Incompleteness 20 June 2024 Application Deemed Complete 7 July 2024 SEPA Threshold Determination of Non-Significance Issued 7 July 2024 Application Noticed for Public Hearing 17 July 2024 Public Hearing Staff Report Published BACKGROUND 1. PROPERTY DESCRIPTION: Abbreviated Legal: BINDING SITE PLAN 2015-05 PARCEL C General Location: 904 E Ainsworth Avenue Approximate Property Size: 19.74 acres Abbreviated Legal: BINDING SITE PLAN 2015-05 PARCEL D General Location: 1110 Osprey Pointe Boulevard Approximate Property Size: 18.53 acres Abbreviated Legal: BINDING SITE PLAN 2015-05 PARCEL E General Location: 1740 E Dock Street Approximate Property Size: 15.83 acres Page 67 of 330 2 2. ACCESS: 904 E Ainsworth Avenue (Parcel # 112-420-025) has access to E Ainsworth Avenue, 1110 Osprey Pointe Boulevard (Parcel # 112-420-026) has access to Osprey Pointe Boulevard and E Ainsworth Avenue, and 1740 E Dock Street (Parcel # 112-420-027) has access to E Dock Street, E Ainsworth Avenue, and SE Road 18. 3. UTILITIES: Municipal water and sewer are available on Osprey Pointe Boulevard and E Ainsworth Avenue. 4. LAND USE AND ZONING: The properties are zoned I-3 Heavy Industrial. 904 E Ainsworth Avenue (Parcel # 112-420-025) contains an approximately 4,000 square foot office building, 1110 Osprey Pointe Boulevard (Parcel # 112-420-026) is developed with an office building, and 1740 E Dock Street is classified as undeveloped by the Franklin County Tax assessor but contains an approximately 4,300 square foot utility/commercial building that appears to be disused. Surrounding properties are zoned, and developed as follows: North: I-1 Light Industrial/ I-3 Heavy Industrial, Wastewater treatment plant, commercial and government offices, and industrial buildings East: I-3 Heavy Industrial, Industrial outdoor storage and stockpiling South: I-3, Walking trail along Columbia River West: I-1 Light Industrial/R-2 Medium Density Residential, Commercial Buildings and Single Family Dwellings 5. Comprehensive Plan: The City of Pasco Comprehensive Plan designates this site as “Mixed Residential and Commercial.” The Mixed Residential and Commercial designation accommodates a diverse range of housing, nonresidential uses, commercial uses, neighborhood retail and office uses, parks and recreation areas, and civic uses at a density of 5 to 29 dwelling units per acre, and may be assigned R-1, R-2, R-3, R-4, C-1, O and Waterfront zoning district designations. Per Pasco Municipal Code (PMC) 25.215.015, maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the State Environmental Policy Act (“SEPA”) lead agency for this project (SEPA2024-035). Based on the SEPA environmental checklist, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Determination of Non‐Significance (DNS) for this project was issued on July 7, 2024 under WAC 197‐11‐158. ANALYSIS Request Applicant JMS Development LLC wishes to rezone 904 E Ainsworth Avenue (Parcel # 112-420-025), 1110 Osprey Pointe Boulevard (Parcel # 112-420-026), and 1740 E Dock Street (Parcel # 112-420-027) in Pasco, WA 99301 from I-3 (Heavy Industrial) to MU (Mixed Use). The combined acreage of the site comprises approximately 54.09. The underlying Comprehensive Plan Future Land Use is “Mixed Residential and Commercial.” The proposed rezone does not include a project action. It is anticipated that should the rezone be approved a subsequent subdivision project may be submitted for review. This review would include Page 68 of 330 3 requirements for the impacts it has on the level of service for parks, transportation, etc. Any subsequent subdivision proposals would additionally be required to adhere to Pasco Municipal Code, including provisions such as connectivity and residential design standards. History The site was annexed into the City in 1994 and assigned zoning via Ordinance 3033. Ordinance 3033 adopted the zoning designations of Resolution 2122, designating the site’s zone as I-3. 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: 1. The date the existing zone became effective: The site was assigned the I-3 zoning designation in 1994 via Ordinance 3033 and Resolution 2122. 2. The changed conditions, which are alleged to warrant other or additional zoning: Passage of Ordinance 4668 (May 2023) modifying the City’s zoning code and providing for a Mixed-Use zoning district is the primary changed condition warranting the rezone. The proposed rezone would allow the site to be developed as intended per the Comprehensive Plan land use map. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The Mixed Residential and Commercial designation allows for R-1, R-2, R-3, R-4, C-1, O and Waterfront (read Mixed-Use) zoning; which would allow for residential development, which has high market demand as a housing shortage exists. The rezone application and proposal are consistent with the Council-approved amendments to the Pasco Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: Surrounding properties are developed with single family, commercial and industrial uses. Two of the parcels are currently developed with commercial/government offices which is in conformance with the Mixed-Use zoning district and in character with the surrounding properties. The proposed rezone would allow for a combination of mixed-use residential and commercial in the same development: Single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre; and neighborhood shopping and specialty centers, business parks, service and office uses. 5. The effect on the property owner or owners if the request is not granted: If this rezone request is not granted, the applicant would not purchase the property from the Port of Pasco or potentially re-develop the property. 6. The Comprehensive Plan land use designation for the property: The City of Pasco Comprehensive Plan designates this site as “Mixed Residential and Commercial”. The Mixed Residential and Commercial designation accommodates a diverse range of housing, nonresidential Page 69 of 330 4 uses, commercial uses, neighborhood retail and office uses, parks and recreation areas, and civic uses at a density of 5 to 29 dwelling units per acre, and may be assigned R-1, R-2, R-3, R-4, C-1, O and Waterfront zoning. Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC. 7. Such other information as the Hearing Examiner requires: The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this application and hearing was sent to property owners within 300 feet of the property and posted on the City’s website on July 2, 2024, and published in the Tri-City Herald on July 7, 2024. Each property was posted with the Notice of Application and Notice of Public Hearing on July 3, 2024. 2. A rezone from I-3 (Heavy Industrial) to (MU Mixed Use) has been requested for 904 E Ainsworth Avenue (Parcel # 112-420-025), 1110 Osprey Pointe Boulevard (Parcel # 112-420-026), and 1740 E Dock Street (Parcel # 112-420-027). 3. The sites comprise approximately 54.09 acres combined. 4. The site was assigned the I-3 zoning designation in 1994 via Ordinance 3033 and Resolution 2122. 5. Per PMC, the heavy industrial district is established to provide areas in the City where heavy industrial, manufacturing, processing, assembly, fabricating and ancillary activities can occur while being protected from encroachment of commercial and residential uses. This district is intended to permit high-intensity land uses that would be termed obnoxious due to noise, glare and other emissions resulting from the manufacturing process. The I-3 zoning district is intended to apply only to those Port of Pasco-owned lands to which the I-3 zone was applied upon the formation of I-3 zoning district. 6. Per PMC, the purpose of the Mixed-Use (MU) zoning district is to allow for a compatible and integrated mix of commercial (and office, education and government uses) with residential uses. The Mixed Use zoning district is intended to provide a high level of diversity in housing types including townhouses and flats in mid-rise buildings ranging from two to six stories to move toward the City’s land use and housing goals and policies relating to density and a broad range of housing types, as required under the Growth Management Act, Chapter 36.70A RCW. In addition, ground floor neighborhood-scale commercial and/or office uses are encouraged to create a cohesive bike and pedestrian-oriented community. 7. The City’s 2018-2038 Comprehensive Plan Land Use Map designates the site as “Mixed Residential and Commercial”. Mixed Residential/Commercial allows a combination of mixed-use residential and commercial in the same development: single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre, and neighborhood shopping and specialty centers, business parks, service and office uses. 8. The underlying Comprehensive Plan Land Use designation specifies 5 to 29 dwelling units per acre. Page 70 of 330 5 9. At the time of 2018-2038 Comprehensive Plan adoption in 2021, the City did not have a zoning district to facilitate the intent of that Mixed-Use Residential Commercial land use designation. In May 2023 City Council approved Ordinance 4668, amending PMC Section 25.20.010 “Establishment of Zoning Districts" and Chapter 25.127 "WD Waterfront Development," replacing the " WD Waterfront Development" with "MU Mixed-Use," allowing for Mixed-Use developments citywide, consistent with the Comprehensive Plan. 10. Subsequent developments will be required to submit State Environmental Policy Act (SEPA) Environmental Checklist that consider the elements of the environment, under WAC 197-11-444, which include a great number of items but can briefly be described as the natural and built environment. Any proposals that would cause a significant impact to the environment would be mitigated through the SEPA process. 11. All three parcels requesting rezone are developed. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The Land Use Element of the Comprehensive Plan designates the site “Mixed Residential Commercial.” A change in zoning would be consistent with the comprehensive plan Land Use Map designation for the site as I-3 is not a zoning district that is in conformance with the underlying future land use designation. The rezone could further the goals and policies of the Comprehensive Plan such as: • Housing Policy H-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. The current zoning prohibits single and multi-family dwellings. A rezone to MU would allow for a variety of housing types. • Housing Policy H-1-B: Higher intensity housing should be located near arterials and neighborhood or community shopping facilities and employment areas. The proposed rezone could make it easier to develop the land to the required density of the Comprehensive Plan and the property is adjacent to the Port of Pasco, a major employer, and less than a mile from Route 397 a major transportation route that provides access across the Columbia River to Kennewick. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. This application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. A development action affecting the site would be subject to the State Environmental Policy Act (SEPA) and impacts to the natural and built environment, including neighboring properties, would be considered and mitigated through the SEPA process. 3. There is merit and value in the proposal for the community as a whole. The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council. The proposal includes infill development and promotes the goals of the Mixed Residential and Commercial Land Use Map Designation. This rezone would allow for residential development on the site, which is currently prohibited. The City of Pasco and the state of Washington are currently experiencing a housing shortage. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the Page 71 of 330 6 proposal. The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions should be imposed; any future development will be evaluated for significant adverse impacts at the time of a development application, which will also be subject to review under the State Environmental Policy Act (SEPA). 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. No Concomitant Agreement is considered necessary for this application. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions herein, that 904 E Ainsworth Avenue (Parcel # 112-420-025), 1110 Osprey Pointe Boulevard (Parcel # 112-420-026), and 1740 E Dock Street (Parcel # 112-420-027) in Pasco, WA 99301 be rezoned from I-3 (Heavy Industrial) to MU (Mixed Use). Page 72 of 330 Pa g e 7 3 o f 3 3 0 Pa g e 7 4 o f 3 3 0 Pa g e 7 5 o f 3 3 0 Pa g e 7 6 o f 3 3 0 Pa g e 7 7 o f 3 3 0 The picture can't be displayed.West ParcelLooking North Pa g e 7 8 o f 3 3 0 The picture can't be displayed.West ParcelLooking East Pa g e 7 9 o f 3 3 0 The picture can't be displayed.West ParcelLooking South Pa g e 8 0 o f 3 3 0 The picture can't be displayed.West ParcelLooking West Pa g e 8 1 o f 3 3 0 The picture can't be displayed.East ParcelLooking North Pa g e 8 2 o f 3 3 0 The picture can't be displayed.East ParcelLooking East Pa g e 8 3 o f 3 3 0 The picture can't be displayed.East ParcelLooking South Pa g e 8 4 o f 3 3 0 The picture can't be displayed.East ParcelLooking West Pa g e 8 5 o f 3 3 0 Page 86 of 330 Page 87 of 330 Page 88 of 330 Community & Economic Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO DETERMINATION OF COMPLETENESS MASTER FILE #: Z 2024-004 APPLICANT: JMS Development LLC 904 E Ainsworth Ave Pasco, WA 99301 PROPOSAL: Osprey Point Rezone It has been determined that your application for a rezone is complete for processing by the City of Pasco. These materials will be dispersed to City departments and affected agencies for review and comment. Questions can be addressed to the Pasco Community & Economic Development Department at (509) 545-4140 or to ballardj@pasco-wa.gov referencing the file # above. Date Issued: 6/20/2024____________ Jennifer B. Ballard, CFM, AICP Senior Planner Community and Economic Development 509.544.4140 ballardj@pasco-wa.gov Page 89 of 330 Page 90 of 330 Page 91 of 330 Page 92 of 330 Page 93 of 330 REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, 24 July 2024 6:00 PM 1 MASTER FILE #: PP 2024-004 APPLICANT: Kimmie Estates Development LLC 6114 Kent Lane Pasco, WA 99301 REQUEST: Preliminary Plat: Subdivision of a parcel to create 11 lots within the R-1 Low Density Residential zoning district. Timeline: 1 May 2024 Application Submitted 6 May 2024 Application Deemed Complete 1 July 2024 SEPA Mitigated Determination of Non-Significance Issued 7 July 2024 Application Noticed for Public Hearing 14 July 2024 Public Hearing Staff Report Published BACKGROUND 1) PROPERTY DESCRIPTION: Abbreviated Legal: LOT 3, SHORT PLAT NO. 85-02, ACCORDING TO THE SURVEY THEREOF RECORDED UNDER AUDITO’S FILE NO. 439401, RECORDS OF FRANKLIN COUNTY, WASHINGTON, EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT 3, SAID POINT BEING ON THE EAST RIGHT-OF-WAY MARGIN OF ROAD 44 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EAST RIGHT-OF-WAY MARGIN AND ALONG THE NORTH LINE OF SAID LOT 3 NORTH 89°22’26” EAST 125.02 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 35°06’29” EAST 112.18 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 3; THENCE ALONG SAID SOUTH LINE SOUTH 89°23’04” WEST 190.02 FEET TO THE TRUE POINT OF BEGINNING. PARCEL A RS- 1968785. General Location: Parcel 119-512-299 in Pasco, Washington. Property Size: 2.22 acres. 2) ACCESS: The property has access from W Henry Street. 3) UTILITIES: Municipal water is available in available W Henry Street, municipal sewer will need to be extended to serve the property and is available at the intersections of W Henry Street/Road 44 and W Henry Street/Road 42. Page 94 of 330 2 4) LAND USE AND ZONING: The property is zoned R-1 (Low Density Residential) and is currently undeveloped. North: RS-12 Low Density Residential/Tri City Adventist School Track East: RS-12 Low Density Residential/Single Family Dwelling South: RS-12 Low Density Residential/Single Family Dwelling West: RS-12 Low Density Residential/City of Pasco Heritage Park 5) COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates this site as “Low Density Residential.” The Low-Density Residential designation is described as a variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning district designations. 6) ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist (SEPA2024-021), the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Mitigated Determination of Non-Significance (MDNS) was issued on July 1, 2024, for this project under WAC 197-11-355. ANALYSIS Request Applicant proposes to subdivide a 2.22-acre parcel into 11 individual lots for single family dwellings within the R-1 Low Density Residential zoning district. History The site was annexed into the City via Ordinance 3144 and subsequently assigned the RS-12 (Residential Suburban) zoning designation via Ordinance 3145. The site was subsequently rezoned to R-1 (Low Density Residential) in 2024 via Ordinance 4707. The site is undeveloped with a post and wire fence located around and inside the property. Lot & Right-of-Way Layout The proposed plat would create 11 lots, 10 of which are located on a cul-de-sac, with the remaining lot being on W Henry Street. The property is encompassed by single family development to the east and west, a school track facility to the north, and a public park to the south. Due to the existing development surrounding the property a cul-de-sac is justified in this location. The cul-de-sac will also have a pedestrian access easement on the southern end to provide public access to adjacent park. The lots vary in size from 5,017 sq. ft. to 10,154 sq. ft. with the largest lot being located outside of the cul- de-sac and on W Henry Street. The cul-de-sac will be constructed to meet the requirements of the Pasco Design and Construction Standards and the Pasco Municipal Code (PMC). STAFF FINDINGS OF FACT 1) Notice of the public hearing was sent to property owners within 300 feet of the subject property and the newspaper on July 7, 2024. 2) An application for the proposed plat was submitted on May 1st, 2024 and determined to be complete on May 6th, 2024. 3) The proposed site is Parcel # 119-512-299 in Pasco, WA. 4) The site’s Comprehensive Plan designation is Low Density Residential which allows for residential development at a density between 3 and 6 dwelling units per acre. Page 95 of 330 3 5) The proposed number of lots equates to approximately 4.95 dwelling units per acre. 6) The site is undeveloped with a post and wire fence located around and inside the property. 7) The project will involve the construction of a new cul-de-sac to provide access to 10 of the new lots. 8) A public access easement will be provided at the south end of the cul-de-sac to provide connectivity to the adjacent public park. 9) The proposal is located adjacent to local access roads and as such does not require boulevard landscaping. 10) Water and sewer services will be extended to and through the development to provide municipal services to the new lots. 11) Water rights shall be either deeded to the City or an in-lieu of fee paid prior to recording of any final plat. 12) Traffic, Park, and School impact fees will be collected for each lot prior to building permits being issued for new residences. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT As per PMC 21.25.060, Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from the record and conclusions thereof 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; The proposed subdivision will be serviced by City emergency services and will provide access through the development to the adjacent Heritage Park. The proposal is also dedicating and constructing adequate right- of-way and will be required to construct the right-of-way to meet the requirements of PMC and the Pasco Design and Construction Standards. These requirements include the construction of new sidewalks adjacent to the right-of-way for safe pedestrian travel. Utilities such as municipal water and sewer are required to be extended to and through the right-of-way to provide access to all lots within the proposed subdivision. Traffic, park, and school impact fees will be collected with each building permit issued for a new dwelling to account for impacts to the transit system, school system, and park land improvements and maintenance. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed development may contain various types of residential dwellings and will match the single family dwelling pattern within the vicinity. While the lot sizes are generally smaller than those in the surrounding area the overall density of the proposal aligns with the Land Use that applies to the subject property and surrounding properties. The development will also be required to construct row-of-improvements such as curb, gutter, sidewalk, street lighting, etc. for safe pedestrian travel and for the welfare of the residents. This will differ from many of the surrounding properties as such row-of-way improvements are not present. MUPs will also be provided on Burns Road, Road 52, and Deseret Lane which will connect to the MUPs of nearby and adjacent developments. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; Pasco’s Comprehensive Plan Future Land Use Map designates the land as “Low Density Residential” which allows for the RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning designations and allows for a variety of residential housing at a density of 3 to 6 dwelling units per acre. The sites zoning designation and proposed density of 6 dwelling units per acre conforms with the Comprehensive Plan. Further, the proposal aligns with the policies of the Comprehensive Plan such as: • Land Use Policy LU-2-B: Facilitate planned growth within the City limits and UGA, and promote infill developments in the City limits through periodic review of the growth patterns and market demand Page 96 of 330 4 within each of the City’s land use designations: The proposed plat involves infill development meeting the Comprehensive Plans requirements for density within an area that is currently below the density standards. • Housing Policy H-3-C: Utilize design and landscaping standards to ensure all residential development exhibits a consistent level of access, quality, and appearance: The proposed design is typical to the area for infill parcels with access and connectivity issues caused by historical development. The applicant also proposes to provide a public access easement that may be used by pedestrians to access the park through the development. • Capital Facilities Policy CF-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. The proposal will provide impact fees during the permitting process to address the impacts on traffic, parks, and schools. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; The City Council has adopted the Pasco Comprehensive Plan which contains various goals and policies of which the proposal conforms to, see example policies under (3) of this section. Further, the proposal conforms with some Council’s 2022-2023 goals such as: • Economic Vitality: Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes, phased sign code update, and development regulations and standards. In November of 2023 the City Council passed Ordinance 4700 relating to residential design standards. These standards provide various housing types, lot sizes, frontage widths etc. which the proposed plat will conform to and use. (5) The proposed subdivision conforms to the general purposes of this title; Title 21 “Pasco Urban Area Subdivision Regulations” contains requirements and procedures for various subdivision types. Requirements include those for streets, lots and blocks, and application materials for each type of subdivision action. The proposed subdivision meets the requirements of Title 21 in all respects. (6) The public use and interest will be served by approval of the proposed subdivision. The proposed plat, if approved, will be developed in accordance with all City codes and standards designed to ensure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through developed of this plat. These factors will ensure the public use and interest are served. APPROVAL CONDITIONS 1) The Kimmie Estates subdivision shall be developed in substantial conformance with the submitted Plat. The subdivision shall contain 11 residential lots. 2) All improvements shall be in accordance with the Pasco Municipal Code. The Pasco Municipal Code adopts the most recent versions of the City of Pasco Standard Specifications, the Washington State Department of Transportation Standard Specifications for Road, Bridges, and Municipal Construction, the International Building Code, and International Fire Code. If there are any conflicting regulations in any of these documents, the more stringent regulation shall apply. 3) The face of the final plat shall include this statement: “As a condition of approval of this 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.” 4) 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, Page 97 of 330 5 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.” 5) 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. 6) Only City and other utilities with franchise agreements are allowed in the public right-of-way. 7) Any and all overhead power is required to be re-routed below ground, unless the applicant can demonstrate that such undergrounding is technically or financially unfeasible. 8) 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 the City of Pasco written support/approval of the proposed development from all outside utilities, public and private. 9) All fee payments for bonding of Right-Of-Way improvements and Water Rights must be paid at or before the time of final plat being submitted for signatures. 10) Street lighting will be required per City standards. 11) The Pedestrian Access easement shown between lots 6 and 7 shall be improved with a hard surfaced walking path. 12) All stormwater is required to be maintained and treated on site in accordance with Washington State Department of Ecology and City of Pasco Standards. 13) All utilities to be extended to-and-through the property being developed. 14) The final plat shall detail existing conditions, such as the names of neighboring subdivisions and property lines of all adjacent properties. 15) 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 corner lots.” RECOMMENDATION Staff recommends approval of the Kimmie Estates Preliminary Plat located on Parcel # 119-512-299, Pasco, WA with conditions per above. Page 98 of 330 \2 0 2 3 \ 2 3 2 0 5 - R o a d 4 4 & H e n r y S u b d i v i s i o n \ D W G \ 2 3 2 0 5 C 0 1 . d w g - A p r 2 6 , 2 0 2 4 - 0 2 : 1 8 p m - r m c KI M M I E E S T A T E S 5401 RIDGELINE DR. SUITE 160 KENNEWICK, WA 99338 1-509-222-0959 www.knutzenengineering.com PR E L I M I A R Y P L A T PP01PRELIMINARY PLATA1 0' 1" 10'20'40'60' = 20' 2 BUSINESS DAYS BEFORE YOU DIG CALL 811 A PORTION OF THE SW 1/4 OF THE NE 1/4 OF SECTION 26, T9N, R29E, W.M. BASIS OF BEARINGS CONTACT INFO WEST HENRY STREET NE W R O A D LEGAL DESCRIPTION VICINITY MAP NORTH LAND USE SUMMARY SITE BASIS OF BEARINGS NORTH kimmie estates PRELIMINARY PLAT Pa g e 9 9 o f 3 3 0 Pa g e 1 0 0 o f 3 3 0 Pa g e 1 0 1 o f 3 3 0 Pa g e 1 0 2 o f 3 3 0 Pa g e 1 0 3 o f 3 3 0 Pa g e 1 0 4 o f 3 3 0 The picture can't be displayed. Looking North Pa g e 1 0 5 o f 3 3 0 The picture can't be displayed. Looking Northeast Pa g e 1 0 6 o f 3 3 0 The picture can't be displayed. Looking East Pa g e 1 0 7 o f 3 3 0 The picture can't be displayed. Looking Southeast Pa g e 1 0 8 o f 3 3 0 The picture can't be displayed. Looking South Pa g e 1 0 9 o f 3 3 0 The picture can't be displayed. Looking Southwest Pa g e 1 1 0 o f 3 3 0 The picture can't be displayed. Looking West Pa g e 1 1 1 o f 3 3 0 The picture can't be displayed. Looking Northwest Pa g e 1 1 2 o f 3 3 0 Page 113 of 330 Page 114 of 330 SUBDIVISION Guarantee/Certificate Number: Issued By: 62242400850 Subdivision Guarantee/Certificate Printed: 04.24.24 @ 09:13 AM Page 1 WA-CT-FKCO-02150.622451-SPS-1-24-62242400850 CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Kimmie Estates Development LLC herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1.No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2.The Company’s liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company’s liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Chicago Title Company of Washington 9001 W. Tucannon Avenue, Suite 220 Kennewick, WA 99336 Chicago Title Insurance Company By: Countersigned By: Dylan Strait Authorized Officer or Agent Michael J. Nolan, President Attest: Marjorie Nemzura, Secretary Page 115 of 330 Subdivision Guarantee/Certificate Printed: 04.24.24 @ 09:13 AM Page 2 WA-CT-FKCO-02150.622451-SPS-1-24-62242400850 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 62242400850 ISSUING OFFICE: Title Officer: Christopher Hull Chicago Title Company of Washington 9001 W. Tucannon Avenue, Suite 220 Kennewick, WA 99336 Phone: (509)735-1575 Fax: (509)735-0707 Main Phone: (509)735-1575 Email: Christopher.Hull@ctt.Com SCHEDULE A Liability Premium Tax $1,000.00 $350.00 $30.45 Effective Date: April 16, 2024 at 08:00 AM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: Kimmie Estates Development, LLC, a Washington limited liability company subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Page 116 of 330 EXHIBIT "A" Legal Description Subdivision Guarantee/Certificate Printed: 04.24.24 @ 09:13 AM Page 3 WA-CT-FKCO-02150.622451-SPS-1-24-62242400850 Lot 3, Short Plat No. 85-02, according to the survey thereof recorded under Auditor's File No. 439401, records of Franklin County, Washington. EXCEPT that portion described as follows: Commencing at the most Westerly Southwest corner of said Lot 3, said point being on the East right of way margin of road 44 and the True Point of Beginning; thence along said East right of way margin North 00°17'54" East 92.45 feet; thence leaving said East right of way margin and along the North line of said Lot 3, North 89°22'26" East 125.02 feet; thence leaving said North line South 35°06'29" East 112.18 feet to a point on the South line of said Lot 3; thence along said South line South 89°23'04" West 190.02 feet to the True Point of Beginning. ALSO KNOWN as adjusted Parcel A of Record Survey recorded November 17, 2022 under Auditors File No. 1968785 Page 117 of 330 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 62242400850 SCHEDULE B Subdivision Guarantee/Certificate Printed: 04.24.24 @ 09:13 AM Page 4 WA-CT-FKCO-02150.622451-SPS-1-24-62242400850 1.General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year:2024 Tax Account No.:119512299 Levy Code:101 Assessed Value-Land: $208,100.00 Assessed Value-Improvements:$0.00 General and Special Taxes: Billed:$1,665.42 Paid:$0.00 Unpaid:$1,665.42 2.Assessment levied by Franklin County Irrigation District for the year 2024 in the sum of $524.94, which shall become delinquent if unpaid after April 30, 2024. Please contact 509-545-3518 for further information. 3.Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, encroachments, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Short Plat 85-02: Recording No:439401 END OF SCHEDULE B Page 118 of 330 Page 119 of 330 Page 120 of 330 Affidavit of Mailing In regards to MF# PP2024-004 I, Carmen Patrick, hereby confirm that notification was sent by mail July 2, 2024 to the owners of the parcels within 300 feet of the proposed site . The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification . Given under my hand and official signature this 2nd day, July of 2024 . Representative 's Signature Page 121 of 330 ' Pil5co Community Development Department PO Box 293, 525 N 3 rd Ave, Pasco , WA 99301 P: 509 .545.3441 / F: 509 .545 .3499 CITY OF PASCO PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor Ila me al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509 -545-3441. Proposal: Kimmie Estates Development LLC has submitted a Preliminary Plat (PP 2024-004) for a 11-lot subdivision on approximately 2.22 acres located on Parcel 119-512 -299 . Said property is located on the south side of W Henry Street between Road 44 and Road 42, in Pasco, WA . The proposal is subject to regulations contained in the Pasco Municipal Code . Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p .m . on July 24, 2024, to be included in the Hearing Examiner packet . If you have questions on the proposal , contact the Planning Division at (509) 905-2604 or via e-mail to: hattoria@pasco -wa .gov. Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6:00 p.m. on July 24, 2024 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco , Washington . The Hearing Examiner will consider public testimony concerning the above application at this meeting. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Preliminary Plat within ten (10) days of the public hearing. Prepared 2 July 2024 by: Andrew Hattori, Associate Planner, PO Box 293 Pasco , WA 99301 (509) 905 -2604 The City of Pasco welcomes full participation in public meetings by all citizens. No qualified ind ivi dual with a disa bility shall be excluded or den ied the benefit of participating in such meetings . If you wish to use auxiliary aids or require assistance to comment at this public meeting , please contact the Community Deve lo pment Department at (5 09 ) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs . Page 122 of 330 i' • . % .... -. ,, ·•-..fo• T:~~• •: .~(~ :1>,C ~IJ •7·1\ .. ~. WE ST HEN RY STREET ~1.t:.":~ .... ~ , . .. _ .. ·•'-'Jf "l "'l'I._,_ -.. --------.. -. -.. .. .. 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Q. 9 .. ·~ ~a ~: cc t Ill , ~~i~~· _,J t-!-~ W "i: (I::"' a" , :z b PP0 1 Pa g e 1 2 3 o f 3 3 0 \ME ADDRESS CITY STATE ZiP :;MS OF 7TH DAY ADVENTIST 4115 W HENRY ST PASCO WA 99301 ILLIAM H & TANYA D BOYD 1105 N ROAD 44 PASCO WA 99301 )L MISS SOCIETY-SDA 4115 W HENRY ST PASCO WA 99301 WMOND A & CARLA J GREEN 1115 N ROAD 44 PASCO WA 99301 ICHAEL & SHARON HETT 4208 W MARIE CT PASCO WA 99301 1COB L HUSTON 1125 N ROAD 44 PASCO WA 99301 )LORES ORTIZ 4112 W HENRY ST PASCO WA 99301 JANE PEREZ 4120 W HENRY ST PASCO WA 99301 )RIANA GONZALEZ-RAMOS 4121 W MARGARET ST PASCO WA 99301 JZ E ROSALES (ET AL ) 4115 W MARGARET ST PASCO WA 99301 JSTOLIA GONZALEZ 4112 W MARGARET ST PASCO WA 99301 JRORA DELEON 4120 W MARGARET ST PASCO WA 99301 :FFREY J & SUMMER E DELLAMATE 4121 W PARK ST PASCO WA 99301 C & MARGARET WELCH 2218 ROAD 56 PASCO WA 99301 TY OF PASCO-ANDREW H PO BOX 293 PASCO WA 99301 CHARD E & BARBARA A DING (TR 4212 W HENRY ST PASCO WA 99301 1SON & JODI YOUNG 1008 N ROAD 42 PASCO WA 99301 \NIEL & ANA M GARCIA 4408 W OCT AVE ST PASCO WA 99301 ,AUL CAMPOS-VALLADARES (ETUX ) 4409 W HENRY ST PASCO WA 99301 )NNA & JAMES RASMUSSEN 4413 W HENRY ST PASCO WA 99301 AYNE & KATHLEEN STORDAHL 4408 W HENRY ST PASCO WA 99301 )SHUA M & TRACY L PALMER 1000 ROAD 44 PASCO WA 99301 CHOLAS BIGLIN (ET AL ) 920 N ROAD 44 PASCO WA 99301 C\VID & MONICA WHEELER 912 N ROAD 44 PASCO WA 99301 Pa g e 1 2 4 o f 3 3 0 REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, 24 July 2024 6:00 PM 1 MASTER FILE #: PP 2022-003 APPLICANT:Big Sky Developers 5810 Midland Ln. Unit 65 Pasco, WA 99301 REQUEST: Preliminary Plat: Subdivision of a 42-acre parcel to create 250lotsfor 311 residential units within the R-3 (Medium-Density) Residential zoning district. Timeline: 11 Feb 2022 Application Submitted 16 Mar 2022 Phase 1 Preliminary TIA Submitted for Review 22 Aug 2022 SEPA Notice of Application Circulated 18 Oct 2024 Tax Parcel Segregation TPS 2022-009 Modifies Plat 02 Jun 2023 C-1 to R-3 Rezone Application Submitted 06 Nov 2023 C-1 to R-3 Rezone Approved 14 Nov 2023 C-1 to R-3 Rezone II Application Submitted 03 Jun 2024 C-1 to R-3 Rezone II Approved 09 Jul 2024 SEPA Mitigated Determination of Non-Significance (MDNS) Issued BACKGROUND 1) PROPERTY DESCRIPTION: Abbreviated Legal: Lots 2, 3 & 4, Record Survey 1964751 General Location: Located north of Burns Road, east of Convention Drive, and west of Robert Wayne Drive (Parcels # 114330052, 114330053, and 114330054) in Pasco, Washington. Property Size: 42.01 Acres (1,830,023 Square feet). 2) ACCESS:The property has access from Burns Road and Kau Trail Road. Future access will be through Burns Road, and the future extensions of Kau Trail Road, Convention Drive, Road 64, and Road 66. 3) UTILITIES:Municipal water and sewer are available in Burns Road. Page 125 of 330 2 4) LAND USE AND ZONING: The site is zoned R-3 (Medium-Density Residential) and is part of a farming crop circle; two vacant manufactured homes are being removed from the site. Surrounding properties are zoned and developed as follows: North: R-1 Vacant; farming East: R-1 PSD High School #3 (Under Construction) South: R-1 SFDUs West: RS-40 (County) Mobile Homes 5) COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as both Medium-Density Residential (Parcel 114330052 to the north) and Mixed Residential/Commercial (Parcels # 114330053 and 114330054 to the south). A. The Medium-Density Residential designation allows for a variety of residential housing at a density of 6 to 20 dwelling units per acre and may be zoned R-2 through R-4 (Medium- and High-Density Residential), and RP (Residential Park). B. The Mixed Residential/Commercial designation accommodates a diverse range of housing at a density of 5 to 29 dwelling units per acre, as well as nonresidential uses, commercial, neighborhood retail, and office uses, parks and recreation areas, and civic uses, and allows R-1 through R-4 (Low- Medium- and High-Density Residential), C-1 (Retail Business), O (Office), and MU (Mixed-Use) zones. 6) ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Mitigated Determination of Non-Significance (MDNS) was issued on July 9, 2024, for this project under WAC 197-11-355. Mitigations are as follows: 1. The traffic mitigations for the residential development north of Burns Road known as Glacier Park, will include a proportionate share of the following intersections/projects: i. Burns Road Extension (TSMP EXP6, TIP 5.02) - Extend Burns Road as a three-lane minor arterial, from Road 68 to Rio Grande Lane (up to $610,000). ii. Burns Road & Road 68 Intersection (TSMP EXP6, TIP 5.02) - Convert intersection from side street stop control to signalized (up to $274,500). iii. Burns Road & Road 60 Intersection (not in planning documents) - Convert intersection from side street stop control to signalized (up to 1%) iv. Sandifur Parkway & Convention Drive Intersection (TSMP INT2, TIP 5.15) - Convert intersection from side street stop control to signalized (up to 13%) v. Burden Boulevard & Road 68 Intersection / Road 76 Overpass (TSMP INT 3 & EXT 2, TIP 5.08) - Contribute to the Road 76 Overpass as a mitigation for impacts to Burden Blvd & Road 68 intersection (up to $372,750). Description: Per the Fehr and Peers Concurrency review dated July 3, 2024, analyzing the impacts of the developments north of Burns Road and East of Road 68 mitigation measures are necessary to account for the impacts of the proposed development. Each project listed above contains the percentage of the developer’s contribution for the remaining costs not included in the City’s portion of contribution (based on trip generation for the proposal). Actual dollar amounts/percentages will be set once the true project Page 126 of 330 3 costs and the City’s level of participation is known. 2. A professional archaeological survey of the project area must be conducted, and a report be produced prior to ground disturbing activities. This report should meet Washington Department of Archeology and Historic Preservation’s (DAHP) standards for cultural resource reporting. The report must be submitted to DAHP, the Cultural Resources Division of the Yakima Nation, and the City of Pasco Community and Economic Development Department. Description: DAHP’s statewide predictive model indicates that there is a high probability of encountering cultural resources within the proposed project area. The project is located in the traditional territory of the Yakama and within the Ceded Lands of the Yakama Nation. Further, the scale of the proposed ground disturbing actions would destroy any archaeological resources present. Therefore, a professional archaeological survey of the project area must be conducted. ANALYSIS Request Applicant proposes to subdivide the 42.01-acre site into 250 lots for 311 residential units. Applicant also proposes to annex Parcel 115160102, and the easternmost 83 feet of Parcel 115160013 in order to extend Convention Drive north to Deseret Drive. History The site was annexed into the City of Pasco in 2022 via Ordinance 4574-A, and subsequently assigned R-3 zoning (Parcel 114330052 to the north) and C-1 zoning (Parcels 114330053, 114330054, and the southern portion of Parcel 114330052 to the south) via Ordinance 4584. On April 17, 2023 Council approved Ordinance 4652, changing the Comprehensive Plan Future Land Use Map designation of Parcels 114330053, 114330054, and the southern portion of Parcel 114330052 from “Commercial” to "Mixed Residential and Commercial.” In 2023 City Council rezoned Parcel 114330053 and parts of Parcels 114330052 and 114330054 from C-1 (Retail Business) to R-3 (Medium-Density Residential; Ordinance 4691); in 2024 City Council rezoned the balance of parcel 114330054 from C-1 to R-3 (Ordinance 4715). The entire site is now zone R-3. FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning Commission 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 following is a listing of proposed "Findings of Fact": Prevent Overcrowding: Density requirements of the R-3 zone are designed to address overcrowding concerns. As noted above, the Medium-Density Residential designation allows for a variety of residential housing at a density of 6 to 20 dwelling units per acre; the Mixed Residential/Commercial designation accommodates a diverse range of housing at a density of 5 to 29 dwelling units per acre. The proposed density is 7.4 dwelling units per acre (du/ac) which falls within the lower range of allowable density for both the Medium-Density Residential and the Mixed Residential/Commercial Comprehensive Plan land use designations. The proposed lots vary in size from 2,912 to 5,976 square feet, with an average lot size of 3,824 square feet. The proposed plat would create 311 lots, distributed as follows: Page 127 of 330 4 Table 1 - Glacier Park Lots Phase Square Feet Acres Lots Units 3-Br. 2-Br. Density Overall Plat 1,828,589 41.98 250 311 16 45 7.4 Desert Flats "A" 240,663 5.52 33 66 12 21 11.9 Desert Flats "B" 193,762 4.45 28 56 4 24 12.6 Desert Flats Subtotal 434,425 9.97 61 122 16 45 12.2 Glacier Park 1 790,162 18.14 105 105 5.8 Glacier Park 2 593,905 13.63 84 84 6.2 Glacier Park Subtotal 1,384,067 31.77 189 189 5.9 Tract "C" Future Development 1,547 0.04 0 Tract "D" Future Development 8,550 0.20 0 Parks Opens Space/Schools: The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate 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 will be charged for each new dwelling unit at the time of building permit issuance as provided for in PMC 3.45. As per the above Table 1, Tracts “A” and “B” comprising 17,512 and 16,002 square feet, respectively, will be dedicated for open space/PUD easements; Tract “E” will be dedicated as a 71,124-square-foot public park. Effective Land Use/Orderly Development: The Plat is laid out for single-family and multi-family development as identified in the Comprehensive Plan. The Comprehensive Plan designates this site as both Medium- Density Residential (Parcel 114330052 to the north) and Mixed Residential/Commercial (Parcels 114330053, 114330054, and part of Parcel 114330052 to the south). x The Medium-Density Residential allows for a variety of residential housing at a density of 6 to 20 dwelling units per acre and may be zoned R-2 through R-4 (Medium- and High-Density Residential), and RP (Residential Park); x The Mixed Residential/Commercial designation accommodates a diverse range of housing at a density of 5 to 29 dwelling units per acre, as well as nonresidential, commercial, neighborhood retail, and office uses, parks and recreation areas, and civic uses, and allows R-1 through R-4 (Low- Medium- and High-Density Residential), C-1 (Retail Business), O (Office), and MU (Mixed-Use) zones. Safe Travel & Walking Conditions: The plat will connect to the community through a network of streets, sidewalks, and multi-use paths. Sidewalks are installed at the time homes are built on individual lots. The sidewalks will be constructed to current City standards and to the standards of the Americans with Disabilities Act (ADA). The ADA ramps at the corners of all intersection will be installed with the construction of the road improvements. Twelve-foot Mixed-use paths will be installed along the north right-of-way line of Burns Road and the east right-of-way line of Convention Drive. Adequate Provision of Municipal Services: All lots within the Plat will be provided with water, sewer and Page 128 of 330 5 other utilities. Provision of Housing for State Residents: This Preliminary Plat contains 250 residential building lots, providing an opportunity for the construction of 311 new dwelling units in Pasco. Adequate Air and Light: The maximum lot coverage limitations and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The streets through and adjoining the Plat have been or will be paved and developed to City standards to assure proper access is maintained to each lot. All single-family lots will be provided access to public right-of-way; multi-family (townhome, duplex, triplex and fourplex) units in the Desert Flats area along Burns Road will be accessed via private parking areas adjoining public streets. All public streets within the plat will be constructed to the requirements and standards of the Pasco Municipal Code, and Pasco Design and Construction Standards, and are proposed at the required 60’ width for Local Access Streets and 80-100 feet for arterial streets. In addition to the planned internal streets, the subdivision will be connected to the community by way of Burns Road, Kau Trail Road, and future Roads 64, and 66, and the extension of Convention Drive. The interconnection of neighborhood streets is necessary for utility connections (looping) and the provision of emergency services. ITE Trip Generation Modeling The number of trips generated by the site is based on the ITE Trip Generation Manual, 11th Edition (2021). The Glacier Park development lots is herein treated as "Single-Family Detached Housing" (ITE land use code 210), with each lot representing a dwelling unit. The site trips are presented for the average weekday, as well as the AM peak hour between 7:00 am and 9:00 am, and the PM peak hour between 4:00 pm and 6:00 pm. Formula is as follows: Number of Dwelling units * Average Trips Multiplier = Total Trips: Table 2 - ITE Trip Generation Estimates for Glacier Park I Phase Lots Units Weekday Trips AM Peak trips PM Peak Trips Weekday Multiplier AM Peak Multiplier PM Peak Multiplier Glacier Park Single-Family Glacier Park 1 105 105 990.15 78.75 5.73 9.43 0.75 0.99 Glacier Park 2 84 84 792.12 63.00 6.10 9.43 0.75 0.99 Glacier Park Subtotal 189 189 1,782 142 12 Desert Flats Multi-Family Desert Flats "A" 33 66 444.84 31.02 6.81 6.74 0.47 0.57 Desert Flats "B" 28 56 377.44 26.32 7.18 6.74 0.47 0.57 Glacier Park Subtotal 61 122 822 57 14 Overall Plat 250 311 2,605 199 26 x Phase 1 of Glacier Park development with 105 lots is anticipated to generate 990 net new trips on a typical weekday, including 79 trips during the AM peak hour and 104 trips during the PM peak hour. x Phase 2 of Glacier Park with 84 lots is anticipated to generate 792 average net new trips on a typical Page 129 of 330 6 weekday, including 63 trips during the AM peak hour and 83 trips during the PM peak hour. The number of trips generated by the Desert Flats component of Glacier Park development is based on ITE land use code 220, which is herein treated as “Multi-Family Housing (Low-Rise), with each lot representing 2 dwelling units. These site trips are also presented for the average weekday, as well as the AM peak hour between 7:00 am and 9:00 am, and the PM peak hour between 4:00 pm and 6:00 pm. x The Desert Flats component of Glacier Park development with 61 lots and 122 units is anticipated to generate 822 average net new trips on a typical weekday, including 57 average trips during the AM peak hour and 70 average trips during the PM peak hour. The Preliminary Plat was submitted to the Transit Authority for review. (The discussion under “Safe Travel” above applies to this section also.) Other Findings of Fact: 1. Notice of the public hearing was sent to property owners within 300 feet of the subject property and the newspaper on July 2, 2024 2. The site is within the Pasco Urban Growth Boundary. 3. The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. 4. The site is part of a farming crop circle and is vegetated with a combination of cultivated crops and native and non-native grasses and other vegetation. 5. The site is not considered a critical area, a mineral resource area, or a wetland. 6. Applicant also proposes to annex Parcel # 115160102, and the easternmost 83 feet of Parcel 115160013. 7. The annexation will be for the purpose of extending Convention Drive from Burns Road to Deseret Drive along the western boundary of the site. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT As per Pasco Municipal Code (PMC) 21.25.060, Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from the record and conclusions thereof 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; 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 are secured. 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 Franklin County PUD, the Pasco School District, Cascade Gas, Charter Cable and Ben-Franklin Transit Authority for review and comment. 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. The school impact fee addresses the requirements of RCW 58.17.110. Page 130 of 330 7 The proposed subdivision will be serviced by City emergency services and shall dedicate land for a neighborhood park. The proposal is also dedicating and constructing adequate right-of-way, and will be required to construct the right-of-way to meet the requirements of PMC and the Pasco Design and Construction Standards. These requirements include the construction of new sidewalks adjacent to the right- of-way for safe pedestrian travel and a twelve-foot Mixed-use paths along both Burns Road and Convention Drive. Utilities such as municipal water and sewer are required to be extended to and through the right-of- way adjacent each lot in the subdivision, to provide access to all lots within the proposed subdivision. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate 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 will be charged for each new dwelling unit at the time of building permit issuance as provided for in PMC 3.45. The subdivision will be located directly west of the new Pasco High School #3 currently under construction. Traffic, park, and school impact fees will be collected with each building permit issued for a new dwelling to account for impacts to the transit system, school system, and park land improvements and maintenance. Credits and reductions to the traffic and park impact fees will be provided in accordance with PMC 3.40.090 and PMC 3.50.070 (See table below for park fee credit estimates): Table 3 - Glacier Park I Estimates for Park Fee Credit Glacier Park Ph I Dwelling Units: 311.00 Type Area (sf) Area/du Credit % Cost Per Dwelling Recreation Improvement Area 71,124.00 154.62 15.46 $1,562.27 Open Recreation Area (MUP) 33,157.80 106.62 10.66 $1,365.24 Est. Amounts: Total Development Cost w/ no credit: $574,728.00 Total Development Cost w/ credit: $424,589.44 Credit Total: $150,138.56 (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed development will contain various types of residential single-family and multi-family dwellings and will complement the single-family dwelling pattern within the vicinity. While the lot sizes are smaller than those typically found in the immediate vicinity, each lot will be developed to comply with the R-3 (Medium- Density Residential) zoning code and will be in conformance with the underlying Medium-Density Residential and Mixed Residential/Commercial land use designations. The development will also be required to construct Right-of-Way improvements such as curb, gutter, sidewalk, street lighting, etc. for safe pedestrian travel and for the welfare of the residents. This will match the Low- Density Residential properties to the south which are fully developed with right-of-way improvements; the site will differ from County properties to the west where right-of-way improvements are largely lacking. (3) The proposed subdivision conforms to the policies, maps, and narrative text of the Comprehensive Plan; The overall proposed density is 7.4 dwelling units per acre (du/ac) which falls within the lower range of allowable density for both the Medium-Density Residential and the Mixed Residential/Commercial Comprehensive Plan land use designations. The proposed lots vary in size from 2,912 to 5,976 square feet, with an average lot size of 3,824 square feet. Page 131 of 330 8 x Land Use Goal LU-4: Increase community accessibility through proper land use planning. The development will be required to construct Right-of-Way improvements and a twelve-foot Mixed-use paths along both Burns Road and Convention Drive, for safe pedestrian travel and for the welfare of the residents. x Land Use Goal LU-5: Maintain a broad range of residential land use designations to accommodate a variety of lifestyles and housing opportunities. The site has both the Medium-Density Residential and the Mixed Residential/Commercial Comprehensive Plan land use designations. The Medium- Density Residential designation allows for a variety of residential housing and may be zoned R-2 through R-4 (Medium- and High-Density Residential), and RP (Residential Park); The Mixed Residential/Commercial designation accommodates a diverse range of housing, as well as nonresidential uses, commercial, neighborhood retail, and office uses, parks and recreation areas, and civic uses, and allows R-1 through R-4 (Low- Medium- and High-Density Residential), C-1 (Retail Business), O (Office), and MU (Mixed-Use) zones. x Land Use Policy LU-5-A: Allow a variety of residential densities throughout the UGA. The site has both the Medium-Density Residential and the Mixed Residential/Commercial Comprehensive Plan land use designations. The Medium-Density Residential designation allows for residential housing at a density of 6 to 20 dwelling units per acre; The Mixed Residential/Commercial designation accommodates a diverse range of housing at a density of 5 to 29 dwelling units per acre. x Housing Goal H-1: Encourage housing for all economic segments of the city’s population consistent with the local and regional market. The site has both the Medium-Density Residential and the Mixed Residential/Commercial Comprehensive Plan land use designations. x Housing Policy H-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. The Comprehensive Plan designates this site as both Medium- Density Residential (Parcel 114330052 to the north) and Mixed Residential/Commercial (Parcels # 114330053 and 114330054 to the south). o The Medium-Density Residential allows for a variety of residential housing at a density of 6 to 20 dwelling units per acre and may be zoned R-2 through R-4 (Medium- and High-Density Residential), and RP (Residential Park); o the Mixed Residential/Commercial designation accommodates a diverse range of housing at a density of 5 to 29 dwelling units per acre, as well as nonresidential uses, commercial uses, neighborhood retail and office uses, parks and recreation areas, and civic uses, and allows R- 1 through R-4 (Low- Medium- and High-Density Residential), C-1 (Retail Business), O (Office), and MU (Mixed-Use) zones x Housing Goal H-4: Support efforts to provide affordable housing to meet the needs of the community. The site has both the Medium-Density Residential and the Mixed Residential/Commercial Comprehensive Plan land use designations. The Medium-Density Residential designation allows for a variety of residential housing; the Mixed Residential/Commercial designation accommodates a diverse range of housing, as well as nonresidential uses, commercial, neighborhood retail, and office uses, parks and recreation areas, and civic uses. x Utilities Policy UT-1-A: Ensure that public water and sewer services are available concurrently with development in the urban growth area. Public water is located in Burns Road to the south; The City has recently initiated the development of a Sewer LID which will benefit this development, as well as the adjacent Pasco School District High School #3, and the Madison Park North and Raven Place subdivisions to the east. The proposal would bring public water and sewer to and through the property for each lot access and provide a closer access point for existing properties that may want to connect or bring utilities to their property. Page 132 of 330 9 (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; The City Council has adopted the Pasco Comprehensive Plan which contains various goals and policies of which the proposal conforms to, see example policies under (3) of this section. Further, the proposal conforms with some Council’s 2022-2023 goals such as: x Economic Vitality: Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes, phased sign code update, and development regulations and standards. In November of 2023 the City Council passed Ordinance 4700 relating to residential design standards. These standards provide various housing types, lot sizes, frontage widths etc. which the proposed plat will conform to and use. (5) The proposed subdivision conforms to the general purposes of this title; Title 21 “Pasco Urban Area Subdivision Regulations” contains requirements and procedures for various subdivision types. Requirements include those for streets, lots and blocks, and application materials for each type of subdivision action. The proposed subdivision meets the requirements of Title 21 in virtually all respects. (6) The public use and interest will be served by approval of the proposed subdivision. The proposed plat, if approved, will be developed in accordance with all City codes and standards designed to ensure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through developed of this plat. These factors will ensure the public use and interest are served. APPROVAL CONDITIONS 1. The Glacier Park subdivision shall be developed in substantial conformance with the submitted Plat. The glacier Park subdivision shall contain up to 250 residential lots and 311 residential units. 2. All improvements shall be in accordance with the Pasco Municipal Code. The Pasco Municipal Code adopts the most recent versions of the City of Pasco Standard Specifications, the Washington State Department of Transportation Standard Specifications for Road, Bridges, and Municipal Construction, the International Building Code, and International Fire Code. If there are any conflicting regulations in any of these documents, the more stringent regulation shall apply. 3. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 4. The face of the final plat shall include this statement: “As a condition of approval of this 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.” 5. 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.” 6. 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. 7. Only City and other utilities with franchise agreements are allowed in the public right-of-way. Page 133 of 330 10 8. Any and all overhead power is required to be re-routed below ground, unless the applicant can demonstrate that such undergrounding is technically or financially unfeasible. 9. 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 the City of Pasco written support/approval of the proposed development from all outside utilities, public and private. 10. All fee payments for bonding of ROW improvements and Water Rights must be paid at or before the time of Final Plat being submitted for signatures. 11. Street lighting will be required per City standards. 12. All stormwater is required to be maintained and treated on site in accordance with Washington State Department of Ecology and City of Pasco Standards. 13. All utilities to be extended to-and-through the property being developed. 14. Lots below 4,000 sq. ft. shall be developed with structures as permitted in Table 25.22.030 (1) of the Pasco Municipal Code (PMC). Minor lot line adjustments may be permitted on the Final Plat to adjust lot sizing; proposals for minor adjustments shall be submitted to Pasco Community and Economic Development Department for review in accordance with PMC 21.25.080. 15. Lots utilizing PMC 21.20.060 shall comply and meet the requirements of said section. 16. The duplex section labeled Desert Flats does not provide minimum fire separation distances between structures. Additional fire mitigation will be required for exterior walls adjacent to other buildings. 17. The Final Plat shall detail existing conditions, such as the names of neighboring subdivisions and property lines of all adjacent properties. 18. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s); The final plat(s) shall include a comment stating: “Existing regulations regarding sight distance, fence height, and setbacks may affect the placement of fences and driveways on any corner lots.” 19. The developer shall install a 6-foot tall common “estate type” masonry fence adjacent the rear line of all lots backing Burns Road and Convention Drive. The wall details must be included on the subdivision construction drawings. All final Plats shall include a note that clearly indicates the maintenance responsibility for the estate fence is the responsibility of the property owners adjoining the fence. A concrete mow strip shall be installed under any common fence as directed by the City Parks Division and shall be approved by the Parks Department prior to installation. 20. The developer/builder shall pay the City a "common area maintenance fee" of $475 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of arterial boulevard strips. The City shall not accept maintenance responsibility for the landscaping abutting said streets until such time as all fees are collected for each phase that abut said streets. 21. The final plat(s) shall contain a 10-foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 22. Lots abutting Burns Road and Convention Drive shall not have direct access to Burns Road or Convention Drive. Access shall be prohibited by means of deed restrictions or statements on the face of the final plat(s). 23. A 12-foot multi-use asphalt pathway shall be provided fronting both Burns Road and Convention Drive. potential traffic impacts to County roads, 24. Kau Trail Road from the west right-of-way line of the future extension of Convention Drive to the east Page 134 of 330 11 right-of-way line of Road 68 shall meet the street improvement standards of Franklin County Code, as directed by the Franklin County Public Works Program Manager. 25. Applicant shall work with the Pasco School District (PSD) Construction Project Manager to provide an enhanced mid-block crossing at Road 64 between the Glacier Park subdivision and the new PSD High School #3. 26. that will need to be addressed and the construction of the remainder of Burns Road to Road 68. 27. Per the Fehr and Peers Concurrency review dated July 3, 2024, analyzing the impacts of the developments north of Burns Road and East of Road 68 mitigation measures are necessary to account for the impacts of the proposed development. The traffic mitigations for the residential development north of Burns Road known as Glacier Park, will include a proportionate share of the following intersections/projects: i. Burns Road Extension (TSMP EXP6, TIP 5.02) - Extend Burns Road as a three-lane minor arterial, from Road 68 to Rio Grande Lane (up to $610,000). ii. Burns Road & Road 68 Intersection (TSMP EXP6, TIP 5.02) - Convert intersection from side street stop control to signalized (up to $274,500). iii. Burns Road & Road 60 Intersection (not in planning documents) - Convert intersection from side street stop control to signalized (up to 1%) iv. Sandifur Parkway & Convention Drive Intersection (TSMP INT2, TIP 5.15) - Convert intersection from side street stop control to signalized (up to 13%) v. Burden Boulevard & Road 68 Intersection / Road 76 Overpass (TSMP INT 3 & EXT 2, TIP 5.08) - Contribute to the Road 76 Overpass as a mitigation for impacts to Burden Blvd & Road 68 intersection (up to $372,750). Each project listed above contains the percentage of the developer’s contribution for the remaining costs not included in the City’s portion of contribution (based on trip generation for the proposal). Actual dollar amounts/percentages will be set once the true project costs and the City’s level of participation is known. RECOMMENDATION Staff recommends approval of the Glacier Park Preliminary Plat north of Burns Road, east of Convention Drive, and west of Robert Wayne Drive (Parcels # 114330052, 114330053, and 114330054) in Pasco, Washington with conditions per above. Page 135 of 330 Pa g e 1 3 6 o f 3 3 0 Pa g e 1 3 7 o f 3 3 0 Pa g e 1 3 8 o f 3 3 0 Pa g e 1 3 9 o f 3 3 0 Pa g e 1 4 0 o f 3 3 0 3 BEDROOM3 BEDROOM3 BEDROOM3 BEDROOM3 BEDROOM3 BEDROOM 3 BEDROOM 2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM 2 BEDROOM 2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM 3 BED R O O M 3 BEDRO O M 3 B E D R O O M 3 B E D R O O M 3 B E D R O O M 3 B E D R O O M 3 B E DRO O M 3 B E D R O O M 3 B E DRO O M 2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM 2 BEDROOM 2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM 2 BEDROOM 2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM 2 BEDROOM 2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM 2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM2 BEDROOM N89° 40' 56"E 933.43' N89° 23' 20"E 397.24' S0 ° 5 4 ' 3 7 " W 13 3 0 . 6 2 ' S0° 54' 37"W 1348.52' S88° 10' 15"W 1331.75' N0° 54' 30"E 1354.12' N0° 54' 30"E 1358.12' DESERT FLATS Parcel Area Table LOT # PARCEL A PARCEL B AREA (SF) 240663.17 193762.46 G.P. PHASE 1 Parcel Area Table LOT # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 AREA (SF) 5446.57 5000.00 5000.00 5000.00 5000.00 5000.00 5483.22 5360.90 4566.80 5074.22 5074.22 5074.22 5074.22 4566.80 4566.80 4566.80 5074.22 5074.22 5432.19 5976.06 4500.10 4500.10 4500.10 4500.10 4500.10 5000.11 5000.11 5000.11 5000.11 4500.10 5412.94 5415.64 4500.10 5000.11 5000.11 5000.11 5000.11 4500.10 4500.10 4500.10 4500.10 4500.10 5680.46 4306.29 3230.07 3400.08 3400.08 3400.08 3400.08 3400.08 3400.08 3400.08 3400.08 3400.08 3400.08 3400.08 3992.89 3995.59 3400.08 3400.08 3400.08 3400.08 3400.08 3400.08 3400.08 3400.08 3400.08 3400.08 3400.08 3230.07 4096.93 4325.27 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 G.P. PHASE 1 Parcel Area Table LOT # 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 AREA (SF) 2912.07 2912.07 3734.89 3737.59 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 4083.09 G.P. PHASE 2 Parcel Area Table LOT # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 AREA (SF) 4532.62 3207.54 3200.00 3200.00 3200.00 4530.66 3988.51 3200.00 3200.00 3200.00 3200.00 3200.00 3200.00 3200.00 3200.00 4000.00 4000.00 4000.00 4000.00 4000.00 4000.00 5354.14 5751.81 5000.00 4500.00 4500.00 5000.00 5000.00 6189.53 5000.11 5000.11 5000.11 5000.11 5000.11 3995.59 3400.08 3400.08 3400.08 3823.24 3400.08 3826.93 3739.24 3739.24 3400.08 4062.96 4277.58 3400.08 3739.24 3739.24 3830.63 G.P. PHASE 2 Parcel Area Table LOT # 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 163 2260 2261 AREA (SF) 3400.08 3819.55 3400.08 3400.08 3400.08 3992.89 4192.60 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 4557.02 4804.43 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 2912.07 4189.90 71123.55 16001.94 17511.58 TRACT E TRACT B TRACT A PER BENTON FRANKLIN TITLE COMPANY ORDER NO. BF14838 DATED OCTOBER 28, 2021 PARCEL A A PORTION OF SECTION 3, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FRANKLIN COUNTY, WASHINGTON, ALSO BEING A PORTION OF 'PARCEL D' AS SHOWN ON FRANKLIN COUNTY RECORD OF SURVEY FOR SEGREGATION RECORDED IN VOLUME 3 OF SURVEYS AT PAGE 649, UNDER AUDITOR'S FILE NUMBER 1837780, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 3 AND SAID 'PARCEL D'; THENCE ALONG THE WEST LINE OF SAID SECTION 3, NORTH 00°54'52" EAST A DISTANCE OF 1357.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WEST LINE OF SAID SECTION, NORTH 00°54'52" EAST A DISTANCE OF 1357.86 FEET TO THE NORTHWEST CORNER OF SAID 'PARCEL D' AND THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE LEAVING SAID WEST LINE, NORTH 89°41'26" EAST ALONG THE THE NORTH LINE OF SAID 'PARCEL D' A DISTANCE OF 933.25; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89°23'50" EAST A DISTANCE OF 397.17 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE LEAVING SAID NORTH LINE, SOUTH 00°54'59" WEST ALONG SAID EAST LINE A DISTANCE OF 1330.40 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 88°25'18" WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 1331.28 FEET TO THE TRUE POINT OF BEGINNING. DEPICTED AS PARCEL A ON RECORD OF SURVEY RECORDED UNDER AUDITOR'S FILE NUMBER 1899129 PARCEL B THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FRANKLIN COUNTY, WASHINGTON. EXCEPT THE SOUTHERLY 4 FEET THEREOF AS CONVEYED IN DEED RECORDED UNDER AUDITOR'S FILE NO. 1740073. LEGAL DESCRIPTION Know what's R 6 SKTSMH REVISIONS 05/31/2024 5/31/2024 PRELIMINARY PLAT 2210790.10 5810 MIDLAND LANE, UNIT 65 PASCO, WA 99301 DAVE GREENO BIG SKY DEVELOPERS GLACIER PARK PRELIMINARY PLAT A PORTION OF THE W 1/2 OF THE SW 1/4 OF SEC. 3, TWN. 9 N., RGE. 29 E. W.M. FRANKLIN COUNTY, WASHINGTON. GLACIER PARK PRELIMINARY PLAT DATE: May 31, 2024 FILENAME: Q:\2021\2210790\10_CIV\CAD\_Preliminary Plat\2210790-SH-COVR.dwg C0.1 1 COVER SHEET OWNER/APPLICANT: BIG SKY DEVELOPERS, LLC 5810 MIDLAND LANE, UNIT 65 PASCO, WA 99301 PH. 509.521.4834 CONTACT: DAVE GREENO CIVIL ENGINEER AHBL ENGINEERS, PLANNERS, & SURVEYORS 2215 NORTH 30TH STREET, SUITE 300 TACOMA, WA 98403 PH. (253) 383-2422 FAX (253) 383-2572 CONTACT: SCOTT KAUL, P.E. SURVEYOR AHBL ENGINEERS, PLANNERS, & SURVEYORS 5804 ROAD 90, SUITE H PASCO, WA 99301 PH. 509.380.5883 CONTACT: JOHN BECKER, PLS BASIS OF BEARING NAD 1983/11 WASHINGTON STATE PLANE SOUTH PROJECTION, BASED ON GPS OBSERVATIONS USING WSRN AND GEOID 2012A. UNITS OF MEASUREMENT ARE US SURVEY FEET. VERTICAL DATUM CITY OF PASCO VERTICAL BENCHMARK 16-1 3" BRASS DISK IN CASE AT RD 68 AND SANDIFUR PARKWAY. NGVD 29 ELEV=513.15 CONVERTED TO NAVD 1988 VERTICAL DATUM ON ORTHOMETRICALLY CORRECTED GPS OBSERVATIONS USING WSRN AND GEOID 2012A. ELEV=516.47. SITE INFORMATION PARCEL: 114330052 SITE ADDRESS: NOT AVAILABLE PARCEL AREA: 29.8 AC UTILITIES/SERVICES ROADS / WATER / SEWER: CITY OF PASCO IRRIGATION: CITY OF PASCO POWER: FRANKLIN PUD NATURAL GAS: CASCADE NATURAL GAS CORPORATION COMMUNICATION: CHARTER COMMUNICATION & LUMEN PRE PLAT INFORMATION TOTAL PLAT AREA: 42.0 AC PROPOSED USE: MEDIUM DENSITY RESIDENTIAL (R-3) TRACT A: 17,512 SF (OPEN SPACE/FPUD EASEMENT) TRACT B: 16,002 SF (OPEN SPACE/FPUD EASEMENT) TRACT C: 1,547 SF (FUTURE DEVELOPMENT) TRACT D: 8,550 SF (FUTURE DEVELOPMENT) TRACT E: 71,124 SF (PUBLIC PARK) NUMBER OF SFR LOTS: 311 GROSS DENSITY: 7.4 LOTS/AC MINIMUM LOT SIZE: 2,912 SF MAXIMUM LOT SIZE: 5,976 SF (LOT 20 PHASE 2) AVERAGE LOT SIZE: 3,824 SF PHASE 1 PROPOSED RIGHT-OF-WAY: 378,039 SF (8.68 AC) PHASE 2 PROPOSED RIGHT-OF-WAY: 180,202 SF (4.14 AC) NVICINITY MAP SITE N GRAPHIC SCALE 0 400 800 1" = 400 FEET 2000 Sheet List Table Sheet Number Sheet Title C0.1 COVER SHEET C1.0 EXISTING CONDITIONS C2.0 PLAT MAP C2.1 ROAD SECTIONS C3.0 CONCEPTUAL GRADING AND DRAINAGE PLAN C4.0 CONCEPTUAL UTILITY PLAN 06/04/2024 Pa g e 1 4 1 o f 3 3 0 Know what's R 6 SKTSMH REVISIONS 05/31/2024 5/31/2024 PRELIMINARY PLAT 2210790.10 5810 MIDLAND LANE, UNIT 65 PASCO, WA 99301 DAVE GREENO BIG SKY DEVELOPERS GLACIER PARK PRELIMINARY PLAT A PORTION OF THE W 1/2 OF THE SW 1/4 OF SEC. 3, TWN. 9 N., RGE. 29 E. W.M. FRANKLIN COUNTY, WASHINGTON. GLACIER PARK PRELIMINARY PLAT DATE: May 31, 2024 FILENAME: Q:\2021\2210790\10_CIV\CAD\_Preliminary Plat\2210790-SH-PLAT MAP.dwg C2.1 4 ROAD SECTIONS 1 NOT TO SCALE BURNS ROAD HALF STREET IMPROVEMENTS 3 NOT TO SCALE LOCAL ACCESS ROAD SECTION 5 NOT TO SCALE CONVENTION CENTER DRIVE ROAD SECTION 4 NOT TO SCALE KAU TRAIL RD & ROAD 64 ROAD SECTIONS 2 NOT TO SCALE BURNS ROAD HALF STREET IMPROVEMENTS ULTIMATE BUILD-OUT NOT THE RESPONSIBILITY OF THIS DEVELOPMENT (FOR REFERENCE ONLY) 06/04/2024 Pa g e 1 4 2 o f 3 3 0 Looking North Pa g e 1 4 3 o f 3 3 0 Looking Northeast Pa g e 1 4 4 o f 3 3 0 Looking East Pa g e 1 4 5 o f 3 3 0 Looking Southeast Pa g e 1 4 6 o f 3 3 0 Looking South Pa g e 1 4 7 o f 3 3 0 Looking Southwest Pa g e 1 4 8 o f 3 3 0 Looking West Pa g e 1 4 9 o f 3 3 0 Looking Northwest Pa g e 1 5 0 o f 3 3 0 Page 151 of 330 Page 152 of 330 Pa g e 1 5 3 o f 3 3 0 Page 154 of 330 >uklm5VWuxnXq5YyMoZrCA2u(''?/[DMQuKL0(( E*'( '#'$$7+'('$'!$() :;\_^{\31TNp1vRdN\FjNss\|]v{a\4ev]FNRv JNaes`vsTfTvsaf"TNv^<i%zv sveR\v^NFPjeR9\N{fs`^v{a\8jNRf\{FN{hF}\iepesN}FiN1{\Nesa\]vjivfs`Nzz{vfpN\ivSNfvsN bf`ajf`a\Tesa\NNRap\tIgRdsfpNz.Navesa\NNRa\Tzavv, @\N{b\sv{a\NRv{t\~v]3}sGvNTNsU4vs\sevs6}f\ @\N{b\sv{a\Rv{s\{v^3~sGvNTNtTBRcwRvOs\- "1ivs`a\sv{a{g`a v]Nigs\v^3{sGvNTNa\va\Sv{s\{v]a\FNRvae`aHSavvj" 1Rvzv^a\svfR\gNNRa\Tb\~\v Hf`t\Taf"UNv]=j& 1vReN\FiNss\} Page 155 of 330 Pa g e 1 5 6 o f 3 3 0 Sign #1 Page 157 of 330 Sign #1 Pa g e 1 5 8 o f 3 3 0 Sign #1 Pa g e 1 5 9 o f 3 3 0 Sign #2 Pa g e 1 6 0 o f 3 3 0 Sign #2 Pa g e 1 6 1 o f 3 3 0 Sign #2 Pa g e 1 6 2 o f 3 3 0 Sign #3 Page 163 of 330 Sign #3 Pa g e 1 6 4 o f 3 3 0 &##,%!*01 - "&'# $+1 '(+# %* 1&/1111 . 1)&11 1 1 111 1 5.?., ?(%t%(?(:5.6 ?.76t7*t676 </,6.+/# 6#(t 7cjTa_CYt%6<t8gaGJhht .hhnC_GJt%CjJt 1mZrttt 8gaVJGjt6C\Jt -ZDHRKet9DeXt9QDiKt0t9fK[R]R`Dert9[Dkt 8gaVJGjt6n\EJgt =)9!t 99tt 8gaca_J_jt ccZSGC_jt "ROt>Xrt&KoK[bdKeit t5RIZD`It2` t A`Rltt 9DiHbtB!tt "ROt=Xrt&KoKZbdKeit t5RIZD`It3` t A`Rltt 9DiHbtB!tt %JhGgScjSa_taLt8gacahCYt9eK[R]R`Dert9ZDltDdd[RHDlRb`tMbetDt[blt fKiRIK`lRD[t imFIRoRiRb`t R`tD`t;t5KIRm]t&K`iRkrt;KiRIK`kRD[t sb`R`Ot IRilfRHktb`tkQeKKttdDeHK[it Hb`iRilR`OtbMt DddebqR^DlK[rtt!HeKit 4aGCjSa_taMt8gacahCYt2bHDlKIt`bekQtbMt"mf`it;bDItKDiltbMt$b`oK`lRb`t&eRoKtD`ItpKiktbMt ;bFKflt BDr`Kt 'fRoKt 9DeHK[it t t D`It t R`t 9DiHbt BDiQR`Olb` t 5SjTPCjTa_t @QKtkeDNRHt]RkRODlRb`itMbetkQKteKiUIK`lRD[tIKoK[bd]K`kt`belQtbMt"me`it;bDItX`bp`tDi -ZDHRKft9DeXtpR[[tR`HZmIKtDtdebdbekRb`DlKtiQDeKtbMtlQKtMbZZbpU`OtR`lKfiKHlRb`idfbWKHki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age 165 of 330 1**!1(-%(1%1(('1*!1!-*1!%1+1#+(1!1+1#%!#!(1 .!#*1 1 #%!*1 (*1 !.1 !*(1 *1 #%*1 !1 *1 .!#%(1!+%-+!1!%1+1%1!(*(1!+1-11*1+0(1#!%+!1 !1 !*%-+!1 (1 !1 +%#1 %+!1 !%1 +1 #%!#!(1 *-1 !%1 !-*(#%*(1/11(*1!1+1*%-1#%!+1!(+(11+1+0(1.1 !1#%+#*!1(1!/1 dSVQA?YYGQO8Kd8V;E8?QLQCG;8LdY]V^?adQAd[E?dSVQI?;[d8V?8dM]Y[d:?d;QO=];[?=d8O=d8 V?SQX[d:?dSVQ=];?=dSVGQVd[QdCVQ]O=d=GY[]V:GOCd8;[G^G[G?Y d5EGYdV?SQV[dYEQ]L=dM??[ 68YEGOC[QOd"?S8X[M?O[dQAdV;E?QKQCad8O=d(GY[QVG;d1V?Y?V^8[GQOYd"(1dY[8O=8V=Y AQVd;]K[]V8LdV?YQ]V;?dV?SQV[GOC d5E?dV?SQV[dM]Y[d:?dY]:MG[[?=d[Qd"(1d[E?d ]K[]V8L 3?YQ]V;?Yd"G^GYGQOdQAd[E?d78JGM8d.8[GQOd8O=d[E?d G[adQAd18Y;Qd QMM]OG[ad8O= #;QOQMG;d"?^?LQSM?O[d"?S8V[M?O[ )&$," 1"(1YdY[8[?_G=?dSV?=G;[G^?dMQ=?KdGO=G;8[?Yd[E8[d[E?V?dGYd8dEGCEdSVQ:8:GKG[a QAd?O;Q]O[?VGOCd;]K[]V8KdV?YQ]V;?Yd_G[EGOd [E?dSVQSQY?=dSVQI?;[d 8V?8 d 5E?dSVQI?;[dGY LQ;8[?=dGOd[E?d [V8=G[GQO8Kd[?VVG[QVadQAd [E?d78J8M8d8O=d_G[EGOd[E?d ?=?=d+8O=Yd QAd[E? 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d5E?d8SS?8LdM]Y[d:?d GOd_VG[[?OdAQVMd;QO[8GOd8d;QO;GY?dY[8[?M?O[dQAd[E?dM8[[?Vd:?GOCd8SS?8L?=d8O=d[E?d:8YG;d V8[GQO8K?dAQVd[E?d8SS?8LddA??dGYdV?U]GV?=dS?Vd[E?d G[aYd&??d3?YQL][GQO d1L?8Y?dOQ[?d[E8[d A8GL]V?d[QdAGK?d 8d[GM?Lad 8O=d ;QMSK?[?d 8SS?8LdYE8KLd;QOY[G[][?d 8d_8G^?VdQAd8LKdVGCE[Yd[Qd8Od 8=MGOGY[V8[G^?d8SS?8Kd]O=?Vd G[ad;Q=? d KLd;QMM?O[YdQVd8SS?8LYd8V?d[Qd:?d=GV?;[?=d[Qd[E?d G[adQAd18Y;Qd1K8OOGOCd"?S8V[M?O[d10d Q`dd18Y;Qd 6dd[[Od*8;Q:d'QOc8K?cd Page 166 of 330 601 Union Street | Suite 3525 | Seattle, WA 98101 | (206) 576-4220 | Fax (206) 576-4225 www.fehrandpeers.com Burns Road Development Concurrency Review - Draft Four adjacent developments (Glacier Park 1, Pasco High School #3, Raven Place, and Madison Park North) are proposed along the north side of Burns Road, east of Convention Drive in Pasco, WA. This area of Pasco is currently farmland and lacking the transportation infrastructure necessary for the proposed developments. This concurrency and proportionate share review summarizes the improvements to the transportation system that would be necessary to accommodate orderly development and establishes a methodology for assigning and calculating the proportionate share contributions from each development proposal. Mitigations To identify a list of potential mitigations, Fehr & Peers reviewed the individual project Transportation Impact Analyses (TIAs) submitted for each of the development proposals and compiled all mitigations mentioned over the four TIAs. The mitigations identified from this review are listed below with references to City planning documents 1 where relevant: 1. Burns Road Extension (TSMP EXP6, TIP 5.02) - Extend Burns Road as a three-lane minor arterial, from Road 68 to Rio Grande Lane 2. Burns Road & Road 68 Intersection (TSMP EXP6, TIP 5.02) - Convert intersection from side street stop control to signalized 3. Burns Road & Road 60 Intersection (not in planning documents) - Convert intersection from side street stop control to signalized 4. Sandifur Parkway & Convention Drive Intersection (TSMP INT2, TIP 5.15) - Convert intersection from side street stop control to signalized 5. Sandifur Parkway & Road 60 Intersection (not in planning documents) - Convert intersection from all way stop control to signalized. Restripe to provide dedicated southbound right and eastbound left lanes. 6. Sandifur Parkway & Road 52 Intersection (not in planning documents) - Restripe to provide dedicated northbound left and southbound left lanes. 1TSMP = Transportation System Master Plan (City of Pasco, 2022) 1TIP = Transportation Improvement Program (City of Pasco, 2023) Page 167 of 330 City of Pasco July 3, 2024 Page 2 of 11 7. Burden Boulevard & Road 68 Intersection / Road 76 Overpass (TSMP INT 3 & EXT 2, TIP 5.08)- Contribute to the Road 76 Overpass as a mitigation for impacts to Burden Blvd & Road 68 intersection. It was determined that mitigations 5 and 6 would not be necessary if mitigations 1 and 2 are completed, which would be more consistent with the long-term transportation plan of the area. Figure 1 shows the location of these mitigations and identifies each mitigation as a Regional Project, Development Specific Project, or a Development Specific Project that is likely unnecessary. Figure 1: Transportation System Mitigations Identified in Developer Submitted TIAs Source: Fehr & Peers, 2024. Trip Generation To understand the relative traffic impacts of each project, trip generation was calculated based on project descriptions provided in the individually submitted project TIAs or from updated project information provided by development representatives at the Burns Road Developments Page 168 of 330 City of Pasco July 3, 2024 Page 3 of 11 Concurrency Update Meeting on May 22, 2024. The following land use quantities were used for this analysis: Raven Place – 699 Single Family Detached Homes Glacier Park Phase 1 – 189 Single Family Detached Homes, 122 Single Family Attached Homes Pasco High School 3 – 2000 Student High School, 140 Employees Madison Park North – 460 Single Family Detached Homes To provide a consistent basis for comparison, trip generation for each project was calculated using trip generation rates detailed in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition. Average trip generation rates were applied among the four development projects. Table 1 summarizes the trip generation estimated for each project. Residential projects have trip generation peaks that align with the AM and PM peak hours of the overall transportation system. By contrast, high schools have an AM peak hour that aligns with the AM peak hour of the overall transportation system but an afternoon peak hour that occurs before the PM peak hour of the overall transportation system. To fairly assess how these distinct development types stress Pasco’s transportation system during the busiest time of the day, the combined AM and PM peak hour trips were used to compare these two different project types. ITE Land Use Codes Used for Calculation 210 Single-Family Detached Housing 215 Single-Family Attached Housing 525 High School Table 1: Project Trip Generation Development Trips Daily AM Peak PM Peak AM+PM AM+PM % Raven Place 6,592 489 657 1,146 31% Glacier Park Phase 1 2,660 191 248 439 12% Pasco High School 3 3,880 1,040 280 1,320 36% Madison Park North 4,338 322 432 754 21% TOTAL: 17,470 2,042 1,617 3,659 100% Source: Fehr & Peers, 2024. Page 169 of 330 City of Pasco July 3, 2024 Page 4 of 11 Trip Distributions Once trip generation has been established, the next step is to understand where project trips go, otherwise known as trip distribution. To the extent possible, project trip distribution information was taken directly from the individual project TIAs. However, project trip distributions were adjusted to account for the Burns Road extension from Road 68 to Rio Grande Lane and to not assume additional road network expansions and improvements such as the extension and improvement of Road 52 and Road 44 to Clark Road and to establish more consistency of distribution assumptions between developments. The TIAs for Glacier Park Phase 1 and Pasco High School 3 were consistent with these assumptions and the trip distributions for these projects were used as described. The Raven Place TIA did not include the extension of Burns Road from Road 68 to Rio Grande Lane and the Madison Park North TIA included additional road network expansions and higher proportions of trips heading north than the other residential developments. The trip distributions of these projects were adjusted based off similar developments, a review of results from the BFCOG 2025 Travel Demand Mode, and engineering judgement. Proportionate Share The following section describes findings for the proportionate share evaluation of each development proposal for the mitigations described above and shown in Figure 1. Mitigation 1- Burns Road Extension Mitigation 1 is to extend Burns Road as a three-lane minor arterial from Road 68 to Rio Grande Lane. It is estimated that 60% of the total trips from Raven Place, Glacier Park Phase 1, and Madison Park North and 23% of the total trips from Pasco High School 3 would use this new road segment.2 Table 2 calculates the proportionate share of the total development contribution of project trips from each development based on the combined AM and PM peak trips. Table 2: Proportional Share of Mitigation 1 Among the Four Developments Development Trips AM PM AM+PM % Share Raven Place 293 394 688 40% Glacier Park Phase 1 115 149 263 15% Pasco High School 3 240 65 305 18% Madison Park North 193 259 452 26% 2 The BFCOG 2025 Travel Demand Model supports this distribution as it estimates 50% of the trips generated by the combined four developments would utilize the extension of Burns Road. Page 170 of 330 City of Pasco July 3, 2024 Page 5 of 11 TOTAL:841 867 1,708 100% The BFCOG 2025 Travel Demand Model estimated that 85% of the trips on Burns Road would be generated from the four developments. It was requested to analyze the effect of future development on the Burns Road Extension. A sensitivity analysis was completed for an expanded area of future development north and south of Burns Road. Future dwelling units and employees were estimated based off on existing Pasco Zoning and Land Use information to approximate the impact of future development on the transportation system. The parcels included in this expanded area north of Burns Road are 115010032, 114330031, 115130046, 115130055, 114330051, 114330059 with a total area of about 457 acres. It was estimated that this area north of Burns Road could produce 1,374 dwelling units and 266 employees. Future parcels included in this expanded area south of Burns Road are 116030024, 116030025, 116030026 and a portion of 116030035 with a total area of about 48 acres. It was estimated that this area south of Burns Road could produce 366 dwelling units and 101 employees. Figure 2 shows the area included in this analysis. These future development assumptions were imported into the BFCOG 2025 Travel Demand Model to estimate the impact and travel patterns of future development on the extension of Burns Road. When the expanded future development area was included, the BFCOG 2025 Travel Demand Model estimates 35% of the trips generated by the four developments would utilize the extension of Burns Road and 70% of the trips on Burns Road would be from the four developments, 20% of the trips on Burns Road would be from the expanded future development area, and 10% would be from existing development. If trips from existing development are excluded, then 78% of the trips on Burns Road would be from the four developments and 22% of the trips on Burns Road would be from the expanded future development area. From the various analysis scenarios studied the four developments could be responsible for contributing between 70-100% of the costs for the extension of Mitigation 1 - Burns Road Extension. Table 3 shows the proportionate share between individual developments for various scenarios. Page 171 of 330 City of Pasco July 3, 2024 Page 6 of 11 Figure 2: Sensitivity Analysis Expanded Area of Future Development Table 3: Proportionate share of Mitigation 1 for different total development contributions Development Total Development Contribution 100%78%70% Raven Place 40%31%28% Glacier Park Phase 1 15% 12% 11% Pasco HS 3 18%14%12% Madison Park North 26% 21% 19% Other 0%22%30% 78% Total Contribution accounts for the estimated proportion of expanded future development using Burns Road only. 70% Total Contribution accounts for the estimated proportion of expanded future development and existing development using Burns Road. Source: Fehr & Peers, 2024. Page 172 of 330 City of Pasco July 3, 2024 Page 7 of 11 Mitigation 2 – Burns Road & Road 68 Intersection Mitigation 2 is converting the intersection of Burns Road & Road 68 from side street stop control to signalized. The submitted TIAs identified that this intersection meets operation standards today. The need to signalize this intersection is driven by the trips generated from the four developments that would use this intersection. The number of trips that would use this intersection would be the same as those estimated for Mitigation 1. Table 4 shows the calculated proportionate share of the total development contribution of project trips from each development based on the combined AM and PM peak trips. Table 4: Proportionate share of Mitigation 2 Among the Four Developments Development Trips AM PM AM+PM % Share Raven Place 293 394 688 40% Glacier Park Phase 1 115 149 263 15% Pasco High School 3 240 65 305 18% Madison Park North 193 259 452 26% TOTAL:841 867 1,708 100% Source: Fehr & Peers, 2024. Although Mitigation 2 is necessary because of the four developments, it is recognized that this intersection will serve existing trips and trips from future developments. There is similar development potential near this intersection on either side of Road 68, therefore the four developments could be responsible for contributing between 50-100% of the costs of Mitigation 2 – Burns Road and Road 68 Intersection. Table 5 shows the proportionate share of individual developments for 100%, 75%, and 50% total contribution from the four developments. Table 5: Proportionate share of Mitigation 2 for different total development contributions Development Total Development Contribution 100%75%50% Raven Place 40%30%20% Glacier Park - Phase 1 15% 12% 8% Pasco High School 3 18%13%9% Madison Park North 26% 20% 13% Other 0%25%50% Source: Fehr & Peers, 2024. Page 173 of 330 City of Pasco July 3, 2024 Page 8 of 11 Mitigation 3 – Burns Road & Road 60 Intersection Mitigation 3 is converting the intersection of Burns Road & Road 60 from side street stop control to signalized. The submitted TIAs identified that this intersection meets operation standards today. The need for this mitigation is only necessary because of the four project developments and therefore should be fully funded by the four project developments. Raven Place and Madison Park North are located east of this intersection and 80% of their total project trips are estimated to use the intersection. Glacier Park Phase 1 is located west of this intersection and 5% of its project trips are estimated to use the intersection. The High School is located east of this intersection and 70% of its project trips are estimated to use the intersection. Table 6 shows the calculated proportionate share of project trips from each development based on the combined AM and PM peak trips. Table 6: Proportionate share of Mitigation 3 Development Trips AM PM AM+PM % Share Raven Place 391 526 917 37% Glacier Park Phase 1 10 12 22 1% Pasco High School 3 729 188 917 37% Madison Park North 258 346 603 25% TOTAL:1,387 1,072 2,459 100% Source: Fehr & Peers, 2024. Mitigation 4 – Sandifur Parkway & Convention Drive Intersection Mitigation 4 is converting the intersection of Sandifur Parkway & Convention Drive from side street stop control to signalized. The Raven Place TIA indicated that the operation of this intersection does not meet the operating standards for two way stop control intersection in current conditions. However, it was determined that the existing volume could be mitigated by either adding a dedicated left lane to the northbound and southbound approaches or converting the intersection to all way stop control. These improvements are not sufficient to mitigate the added project trips from the four developments. Therefore, the need to signalize this intersection is only necessary because of the four project developments and could be fully funded by the four project developments. It is estimated that 20% of the total trips from Raven Place, Glacier Park Phase 1, and Madison Park North and 16% of the total trips from Pasco High School 3 use this intersection. Table 7 shows the calculated proportionate share of project trips from each development based on the combined AM and PM peak trips. Page 174 of 330 City of Pasco July 3, 2024 Page 9 of 11 Table 7: Proportionate share of Mitigation 4 Development Trips AM PM AM+PM % Share Raven Place 98 131 229 34% Glacier Park -Phase 1 38508813% Pasco High School 3 166 45 211 31% Madison Park North 64 86 151 22% TOTAL:366 312 679 100% Source: Fehr & Peers, 2024. It was requested to analyze the effect of future development on this intersection. A sensitivity analysis was completed that included the area of future development between Road 68 and Convention Drive and between Sandifur Parkway and Wrigley Drive. Future dwelling units and employees were estimated based off on existing Pasco Zoning and Land Use information to approximate the impact of future development on the transportation system. The parcels included in this analysis are 116130030 and the portion of parcel 116130028 north of Wrigley Drive with a total area of about 35 acres. It was estimated that this area could produce 202 dwelling units and 100 employees. Trip generation from this future development area was calculated using trip generation rates detailed in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition using Land Use Codes 210 Single-Family Detached Housing and 821 Shopping Plaza (40-150k). Trip distribution was estimated to assume 20% of residential trips and 25% of commercial trips would use the intersection of Sandifur Parkway and Convention Drive. Table 8 shows the calculated proportionate share of project trips from each development based on the combined AM and PM peak trips when considering future development. From the various analysis scenarios studied the four developments could be responsible for contributing between 74- 100% of the costs of Mitigation 4 – Sandifur Parkway and Convention Drive Intersection Extension. Page 175 of 330 City of Pasco July 3, 2024 Page 10 of 11 Table 8: Proportionate Share of Mitigation 4 when considering future development Development Trips AM PM AM+PM % Share Raven Place 98 131 229 25% Glacier Park Phase 1 38 50 88 10% Pasco High School 3 166 45 211 23% Madison Park North 64 86 151 16% Other 71 168 239 26% TOTAL: 437 480 918 100% Source: Fehr & Peers, 2024. Mitigation 7 – Burden Boulevard & Road 68 Intersection / Road 76 Overpass Mitigation 7 is to contribute to the Road 76 Overpass project as a mitigation of the impacts to the Burden Blvd & Road 68 Intersection. It is estimated that 40% of the total trips from Raven Place, Glacier Park Phase 1, and Madison Park North and 5% of the total trips from Pasco High School 3 use the intersection on Burden Boulevard & Road 68. Table 8 shows the calculated proportionate share of the total development contribution of project trips from each development based on the combined AM and PM peak trips. The BFCOG 2025 Travel Demand Model estimates 5% share of trips on the Road 76 Overpass to be from the four developments and the proportion of trips form of the four developments utilizing the intersection of Burden Boulevard & Road 68 is 12%. Based on this analysis, the four developments could be responsible for contributing between 5%- 12% of the costs of Mitigation 7. Table 9 shows the proportionate share of individual developments for 5% and 12% total contribution from the four developments. Table 9: Proportionate Share of Mitigation 7 Among the Four Developments Development Trips AM PM AM+PM % Share Raven Place 196 263 458 46% Glacier Park - Phase 1 76 99 176 18% Pasco High School 3 52 14 66 7% Madison Park North 129 173 302 30% TOTAL:453 549 1,002 100% Source: Fehr & Peers, 2024. Page 176 of 330 City of Pasco July 3, 2024 Page 11 of 11 Table 10: Proportionate share of Mitigation 7 for different total development contributions Development Total Development Contribution 100%5%12% Raven Place 46%2.3%5.5% Glacier Park - Phase 1 18% 0.9% 2.1% Pasco HS 3 7%0.3%0.8% Madison Park North 30% 1.5% 3.6% Other 0%95%88% Source: Fehr & Peers, 2024. Page 177 of 330 REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, 24 July 2024 6:00 PM 1 MASTER FILE #: PP 2022-006 APPLICANT: Pro Made Homes, Paul Lavrentiev 105609 Wiser Parkway Kennewick, WA 99338 REQUEST: Preliminary Plat: Subdivision of four parcels to create 690 residential lots within the R-1 Low Density Residential and R-3 Medium Density Residential zoning districts. Timeline: 15 July 2022 Preliminary Plat Application and SEPA Environmental Checklist Submitted 22 July 2022 Application Deemed Complete 12 April 2023 Notice of Application with Optional SEPA Determination of Non-significance 9 July 2024 SEPA Mitigated Determination of Non-Significance Issued 7 July 2024 Application Noticed for Public Hearing 17 July 2024 Public Hearing Staff Report Published BACKGROUND 1) PROPERTY DESCRIPTION: Legal: That parcel of land located in a portion of that certain parcel of land conveyed as Parcel C by deed recorded under Auditor's File No. 1838729 records of Franklin County, Washington, located in a portion of Section 3, Township 9 North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows: Beginning at the Northwest corner of the Southeast quarter of said Section 3; Thence South 01 °55'20" West along the West line of said deeded Parcel C, 772.18 feet; Thence South 01 °09'09" West along the West line of said deed Parcel C, 574.63 feet to the South line of the Northwest quarter of said Southeast quarter; Thence North 89°26'04" East along the South line of said Northwest quarter, 1323.71 feet to the Southeast corner thereof; Thence North 01 °55'38" East along the East line of said Northwest quarter, 1346.19 feet to the North line of said deeded Parcel C; Thence North 89°02'15" West along the North line of said deeded Parcel C, 406.65 feet; Thence South 88°49'09" West along the North line of said deeded Parcel C, 925.06 feet to the Point of Beginning. General Location: Parcel 114-330-041 in Pasco, Washington. Property Size: 41.23 acres. Page 178 of 330 2 Legal: That parcel of land located in a portion of that certain parcel of land conveyed as Parcel C by deed recorded under Auditor's File No. 1838729 records of Franklin County, Washington, located in a portion of Section 3, Township 9 North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows: Beginning at the Northeast corner of the Southeast quarter of said Section 3; Thence South 01 °55'56" West along the East line of said Southeast quarter, 1336.10 feet to the Southeast corner of the Northeast quarter of said Southeast quarter; Thence South 89° 26'04" West along the South line of said Northeast quarter of said Southeast quarter, 1331.43 feet to the Southwest corner thereof; Thence North 01 °55'38" East along the West line of said Northeast quarter of the Southeast quarter, 1346.19 feet to the North line of said deeded Parcel C; Thence South 89°02'15" East along the North line of said deeded Parcel C, 203.61 feet; Thence North 89°40'16" East along the North line of said deeded Parcel C, 1127.58 feet to the Point of Beginning. General Location: Parcel 114-330-042 in Pasco, Washington. Property Size: 40.90 acres. Legal: That parcel of land located in a portion of that certain parcel of land conveyed as Parcel C by deed recorded under Auditor's File No. 1838729 records of Franklin County, Washington, located in a portion of Section 3, Township 9 North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows: Beginning at the Southwest corner of the Southeast quarter of said Section 3; Thence North 89°11 '53" East along the South line of said Southeast quarter 1331.56 feet to the Southeast corner of the Southwest quarter of said Southeast quarter; Thence North 01 °55'38" East along the East line of said Southwest quarter of the Southeast quarter, 1341.60 feet to the Northeast corner thereof; Thence South 89°26'04" West along the North line of said Southwest quarter of the Southeast quarter of the Southeast quarter, 1323.71 feet to the West line of said deeded Parcel C; Thence South 01°09'09" West along the West line of said deeded Parcel C, 525.68 feet; Thence South 02°57'09" West along the West line of said deeded Parcel C, 821.93 feet to the Point of Beginning. General Location: Parcel 114-330-043 in Pasco, Washington. Property Size: 40.77 acres. Legal: That parcel of land being the Southeast quarter of the Southeast quarter of Section 3, Township 9 North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows: Beginning at the Southeast corner of said Southeast quarter of Section 3; Thence North 01 °55'56" East along the East line of said Southeast quarter of the Southeast quarter, 1336.10 feet to the Northeast corner thereof; Thence South 89°26'04" West along the North line of said Southeast quarter of the Southeast quarter, 1331.43 feet to the Northwest corner thereof; Thence South 01 °55'38" West along the West line of said Southeast quarter of the Southeast quarter, 1341.60 feet to the Southwest corner thereof; Thence North 89°11'53" East along the South line of said Southeast quarter of the Southeast quarter, 1331.56 feet to the Point of Beginning. General Location: Parcel 114-330-044 in Pasco, Washington. Property Size: 40.88 acres. 2) ACCESS: The property has access from Burns Road. 3) UTILITIES: Municipal water is available and will be extended from the south, municipal sewer will be extended to the property from the south. Page 179 of 330 3 4) ZONING AND LANDUSE: The property’s northern 129 acres is zoned R-1 (Low Density Residential) and the southern 34.9 acres is zoned R-3 (Medium Density Residential) and is currently undeveloped and used for growing crops. Per PMC 25.215.015 Low Density Residential zoning allows residential housing at a density of 3 to 6 dwelling units per acre, and Medium Density Residential zoning allows residential housing at a density of 6 to 20 units per acre. Zoning, and current use of surrounding properties North: AP-20 Agricultural Production 20, Irrigated Agriculture (property in Franklin County, outside of Pasco City Limits and outside of Pasco’s Urban Growth Boundary) East: R-1 Low Density Residential, Irrigated Agriculture South: RS-1 Suburban District, R-1 Low Density Residential, Single Family Homes and an Elementary School West: R-1 Low Density Residential, Irrigated Agriculture and a Public High School Under Development 5) COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan, adopted in 2021, designates this property as Low Density Residential and Medium Density Residential land use. The description and purpose of Low Density Residential in the comprehensive plan is “single family residential development at a density of 2 to 5 dwelling units per acre.” Zoning districts with this comprehensive plan future land use designation are R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2. The description and purpose of Medium Density Residential in the comprehensive plan is “single-family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 6 to 20 dwelling units per acre.” Zoning districts with this comprehensive plan future land use designation are R-2 through R-4, and RP. 6) ENVIRONMENTAL DETERMINATION: The City of Pasco is the SEPA lead agency for this project. Based on the SEPA checklist (SEPA2022-073), the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Mitigated Determination of Non- Significance (MDNS) was issued on July 9, 2024, for this project under WAC 197-11-355. ANALYSIS Request The Applicant proposes to subdivide four parcels with a combined acreage of 163.78 into 690 individual lots for single family dwellings within the R-1 Low Density Residential and R-3 Medium Density Residential zoning districts. History The site was annexed into the City in 2022 via Ordinance 4574A and subsequently assigned the R-1 (Low Density Residential) and R-3 (Medium Density Residential) zoning designation via Ordinance 4584. The site undeveloped and has historically been used as irrigated farmland. Lot & Right-of-Way Layout The proposed plat would create 690 residential lots, a 5.02-acre tract for a community park, three tracts for mid-block pedestrian access, and a tract for utilities. A network of streets would be dedicated and improved to City code and standards to provide adequate access to all lots and to ensure access for future development. The three blocks that exceed a block length of 1,320 feet have midblock pedestrian access ways. The plat also includes multi-use paths (MUPs) for pedestrians and cyclists adjacent to Burns Road, L Drive, and Deseret Drive. Page 180 of 330 4 In the R-1 zoning district the lots vary in size from 7,200 square feet to 11,121 square feet. In the R-3 zoning district the lots vary in size from 3,000 square feet to 10,690 square feet. Double-frontage lots along Burns Road and Road 60 and lots that do not have access via their own road frontage are due to the estate wall required along arterial streets. The plat layout has a generally symmetrical design which creates double and triple fronted lots and lots not accessed via their own road frontage on Road 52 and Deseret Drive which are classified as collectors. STAFF FINDINGS OF FACT 1) Notice of the public hearing was sent to property owners within 300 feet of the subject property on July 10, 2024 and published in the Tri-City Herald newspaper on July 7, 2024, and posted on site on July 3, 2024. 2) An application for the proposed plat was submitted on July 15, 2022 and determined to be complete on July 22, 2022. 3) A Notice of Application with SEPA Optional Determination of Non-significance was issued on April 12, 2023. 4) The proposed site is composed of Parcels 114-330-041, 114-330-042, 114-330-043, and 114-330-044 in Pasco, WA. 5) The site’s Zoning Districts are R-1 Low Density Residential which allows for residential development at a density between three (3) and six (6) dwelling units per acre, and R-3 Medium Density Residential which allows for a density between six (6) and 20 dwelling units per acre per PMC 25.215.015. 6) The proposed number of lots equates to approximately 3.5 dwelling units per acre in the R-1 zoning district, and 6.7 dwelling units per acre in the R-3 zoning district. 7) The site has historically been used as farmlands and is otherwise undeveloped. 8) The project will involve the construction of a network of roads to provide access to the new lots. 9) Water and sewer services will be extended to and through the development to provide municipal services to the new lots. 10) Water rights shall be either deeded to the City or an in-lieu of fee paid prior to recording of any final plat. 11) A traffic concurrency evaluation was completed to determine the proposal’s impacts to the transportation network, a proportionate share fee has been determined and assessed to mitigate the impacts. 12) A SEPA Mitigated Determination on Non-significance was issued on July 9, 2024 that included the transportation impact proportionate share fee. Per SEPA 2022-073 MDNS, traffic impacts shall be mitigated with a proportionate share of the following intersections/projects: a. Burns Road Extension (TSMP EXP6, TIP 5.02) - Extend Burns Road as a three-lane minor arterial, from Road 68 to Rio Grande Lane (up to $1,161,000). b. Burns Road & Road 68 Intersection (TSMP EXP6, TIP 5.02) - Convert intersection from side street stop control to signalized (up to $724,500). c. Burns Road & Road 60 Intersection (not in planning documents) - Convert intersection from side street stop control to signalized (up to 37%) d. Sandifur Parkway & Convention Drive Intersection (TSMP INT2, TIP 5.15) - Convert intersection from side street stop control to signalized (up to 34%) e. Burden Boulevard & Road 68 Intersection / Road 76 Overpass (TSMP INT 3 & EXT 2, TIP 5.08) - Contribute to the Road 76 Overpass as a mitigation for impacts to Burden Blvd & Road 68 intersection (up to $960,750). 13) Traffic, Park, and School impact fees will be collected for each lot prior to building permits being issued for new residences. Credits and reductions to the Traffic and Park impact fees will be provided when and where appropriate in accordance with PMC 3.40.090 and PMC 3.50.070. Page 181 of 330 5 TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT As per PMC 21.25.060, Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from the record and conclusions thereof 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; The proposed subdivision will be serviced by City emergency services and proposes to develop a public park approximately 5 acres in size. The proposal is also dedicating and constructing adequate right-of-way and will be required to construct the right-of-way to meet the requirements of PMC and the Pasco Design and Construction Standards. These requirements include the construction of new sidewalks adjacent to the right- of-way for safe pedestrian travel, as well as multi-use paths (MUPs) along the north side of the Burns Road right-of-way, the south side of the Deseret Drive right-of-way, and along L Drive. Utilities such as municipal water and sewer are required to be extended to and through the right-of-way to provide access to all lots within the proposed subdivision. Traffic, park, and school impact fees will be collected with each building permit issued for a new dwelling to account for impacts to the transit system, school system, and park land improvements and maintenance. Credits and reductions to the traffic and park impact fees will be provided in accordance with PMC 3.40.090 and PMC 3.50.070. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed development may contain attached and detached single family dwellings and will match the single family dwelling pattern within the vicinity. Each lot will be developed to comply with the zoning code of Low Density Residential or Medium Density Residential depending on each lot’s underlying zone, and will be in conformance with the underlying land use designation of each lot of Low Density Residential or Medium Density Residential. The development will also be required to construct row-of-improvements such as curb, gutter, sidewalk, street lighting, etc. for safe pedestrian travel and for the welfare of the residents. The MUPs provided on Burns Road and Deseret Drive will connect to the MUPs of nearby and adjacent developments. The proposed road network of the development will connect to and extend the roads in adjacent developments: Rocket Lane/L Drive, Curlew Lane/N Drive; Kau Trail Road, Lane G/Road A, and Deseret Drive. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; Pasco’s Comprehensive Plan Future Land Use Map designates the land as “Low Density Residential” which allows for the RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning designations and allows for a variety of residential housing at a density of 2 to 5 dwelling units per acre. The sites zoning designation and proposed density of 3.5 dwelling units per acre conforms with the Comprehensive Plan. Medium Density Residential allows for 6 to 20 dwelling units per acre and zoning districts with this comprehensive plan future land use designation are R-2 through R-4, and RP. The sites zoning designation and proposed density of 6.7 dwelling units per acre conforms with the Comprehensive Plan. Further, the proposal aligns with the policies of the Comprehensive Plan such as: • Housing Policy H-3-A: Encourage innovative techniques in the design of residential neighborhoods and mixed-use areas to provide character and variety in the community. The proposed plat includes a variety of lot sizes and both attached and detached single family dwellings. Further the plat will provide parkland, MUPs, and mid-block pedestrian and bicycle ways for recreation and walkability. Page 182 of 330 6 • Land Use Policy LU-4-E: Encourage the orderly development of land by emphasizing connectivity and efficiency of the transportation network. The proposal provides a network of roads in conformance with Pasco’s code and requirements. The proposal also provides MUPs and midblock pedestrian and bicycle ways that will serve to connect the development to adjacent developments and major roadways. • Capital Facilities Policy CF-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. The proposal will provide impact fees during the permitting process to address the impacts on traffic, parks, and schools. Further, a concurrency evaluation and traffic analysis was completed as a portion of the review and the development will contribute fees proportionate to their impacts to the transportation network. The development will also construct MUPs and mid-block pedestrian and bicycle ways that may be used for pedestrian and bicycle travel to and around the area. • Transportation Policy TR-1-F: Develop an interconnected network of streets, trails, and other public ways during the development process while preserving neighborhood identity. The proposal will develop a network of roads, MUPs, and mid-block pedestrian and bicycle ways that responsibly connect it to major travel corridors and adjacent developments. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; The City Council has adopted the Pasco Comprehensive Plan on June 7, 2021 which contains various goals and policies of which the proposal conforms to, see example policies under (3) of this section. Further, the proposal conforms with some Council’s 2022-2023 goals such as: (5) The proposed subdivision conforms to the general purposes of this title; Title 21 “Pasco Urban Area Subdivision Regulations” contains requirements and procedures for various subdivision types. Requirements include those for streets, lots and blocks, and application materials for each type of subdivision action. The proposed subdivision meets the requirements of Title 21 in all respects. (6) The public use and interest will be served by approval of the proposed subdivision. The proposed plat, if approved, will be developed in accordance with all City codes and standards designed to ensure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through developed of this plat. These factors will ensure the public use and interest are served. APPROVAL CONDITIONS 1) The Raven Place subdivision shall be developed in substantial conformance with the submitted Plat. The subdivision shall contain 690 residential lots. 2) All improvements shall be in accordance with the Pasco Municipal Code effective at time of application submittal. The Pasco Municipal Code adopts the most recent versions of the City of Pasco Standard Specifications, the Washington State Department of Transportation Standard Specifications for Road, Bridges, and Municipal Construction, the International Building Code, and International Fire Code. If there are any conflicting regulations in any of these documents, the more stringent regulation shall apply. 3) The face of the final plat shall include this statement: “As a condition of approval of this 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.” 4) 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, Page 183 of 330 7 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.” 5) The face of the final plat shall include this statement: “Property within this plat may be subject to varying noise levels and vibrations due to proximity to the Tri-Cities Airport. Properties near the airport may be located within height and use restriction zones as described and illustrated by federal standards and regulations and the City of Pasco Zoning Regulations. There is the potential that standard flight patterns will result in aircraft passing over the properties at low altitudes and during all hours of the day. Future airport expansion including runway extensions may impact the size and number of aircraft utilizing the airport. Developments near the airport should assume that at any given time there will be some impact from air traffic.” 6) 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. 7) Only City and other utilities with franchise agreements are allowed in the public right-of-way. 8) Any and all overhead power is required to be re-routed below ground, unless the applicant can demonstrate that such undergrounding is technically or financially unfeasible. 9) 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 the City of Pasco written support/approval of the proposed development from all outside utilities, public and private. 10) All fee payments for bonding of Right-Of-Way improvements and Water Rights must be paid at or before the time of final plat being submitted for signatures. 11) Street lighting will be required per City standards. 12) The pedestrian and bicycle access ways (shown as Tracts C, D & E) shall be dedicated as right-of-way and meet PMC 21.15.100. 13) All stormwater is required to be maintained and treated on site in accordance with Washington State Department of Ecology and City of Pasco Standards. 14) All utilities to be extended to-and-through the property being developed. All utilities should be installed per City of Pasco Standards and follow the City Comprehensive Plans for required sizing and locations. 15) All roads shall be designed per their functional classification designation. 16) When preparing Civil Plans please reflect existing conditions, including but not limited to a. LID shows sewer roughly 20 feet east of planned location b. Water Main is six feet east of road centerline per Pasco Highschool #3 plans 17) The final plat shall detail existing conditions, such as the names of neighboring subdivisions and property lines of all adjacent properties and be in conformance with Chapter 21.30 PMC. 18) The final plat shall include a comment stating: “Regulations regarding sight distance, fence height, and setbacks may affect the placement of fences and driveways on any corner lots.” 19) The face of the final plat shall include this statement: “The developer shall install a common “Estate” type fence/wall six feet in height along Burns Road and Road 60 as part of the infrastructure improvements associated with the plat. The fence/wall must be constructed of masonry block. Fence design and Page 184 of 330 8 material must be approved by the Community and Economic Development Director. An approved vision triangle at the intersection of streets will be required. Following construction of the masonry fence/wall, the City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep of the fence/wall.” 20) The developer/builder shall pay the City a “Common Area Maintenance Fee” of $475 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of arterial boulevard strips. The City shall not accept maintenance responsibility for the landscaping abutting said street until such time as all fees are collected for each phase that abut said streets. 21) MUPs along estate walls must have a 1-foot landscape buffer between base of wall and edge of path. MUPs should not be crossed by driveways where there is a risk to the path users due to backing vehicles. Lots 638 to 643 should either be rear loaded (ie- use a dedicated rear alley to provide vehicular lot access), or in an alternative approval able configuration, provide vehicular lot access that does not result in residential driveways crossing the MUP. 22) In accordance with PMC 3.50.070, relating to park impact fee reductions, the development shall have the impact fee waived with the dedication of a full developed five-acre neighborhood park. If proposed Tract A will be dedicated as park land but not as a fully developed park, the development shall be credited an 88 percent reduction in park impact fees for the dedication of the park and construction of MUPs. This reduction shall apply at fee assessment during the building permit process. 23) Traffic, Park, and School impact fees will be collected for each lot prior to building permits being issued for new residences. Credits and reductions to the Traffic and Park impact fees will be provided when and where appropriate in accordance with PMC 3.40.090 and PMC 3.50.070. RECOMMENDATION Staff recommends approval of the Raven Place Preliminary Plat located on Burns Road northwest of the intersection of Burns Road and Road 52 and northeast of the intersection of Burns Road and Road 60 (Parcels 114-330-041, 114-330-042, 114-330-043, and 114-330-044), Pasco, WA with conditions per above. Page 185 of 330 Pa g e 1 8 6 o f 3 3 0 Pa g e 1 8 7 o f 3 3 0 Pa g e 1 8 8 o f 3 3 0 Pa g e 1 8 9 o f 3 3 0 Pa g e 1 9 0 o f 3 3 0 The picture can't be displayed. Looking North Pa g e 1 9 1 o f 3 3 0 The picture can't be displayed. Looking Northeast Pa g e 1 9 2 o f 3 3 0 The picture can't be displayed. Looking East Pa g e 1 9 3 o f 3 3 0 The picture can't be displayed. Looking Southeast Pa g e 1 9 4 o f 3 3 0 The picture can't be displayed. Looking South Pa g e 1 9 5 o f 3 3 0 The picture can't be displayed. Looking Southwest Pa g e 1 9 6 o f 3 3 0 The picture can't be displayed. Looking West Pa g e 1 9 7 o f 3 3 0 The picture can't be displayed. Looking Northwest Pa g e 1 9 8 o f 3 3 0 Pa g e 1 9 9 o f 3 3 0 Pa g e 2 0 0 o f 3 3 0 Pa g e 2 0 1 o f 3 3 0 Pa g e 2 0 2 o f 3 3 0 Pa g e 2 0 3 o f 3 3 0 Pa g e 2 0 4 o f 3 3 0 Pa g e 2 0 5 o f 3 3 0 Pa g e 2 0 6 o f 3 3 0 Pa g e 2 0 7 o f 3 3 0 Pa g e 2 0 8 o f 3 3 0 Pa g e 2 0 9 o f 3 3 0 Pa g e 2 1 0 o f 3 3 0 Pa g e 2 1 1 o f 3 3 0 Pa g e 2 1 2 o f 3 3 0 Pa g e 2 1 3 o f 3 3 0 Pa g e 2 1 4 o f 3 3 0 Pa g e 2 1 5 o f 3 3 0 Pa g e 2 1 6 o f 3 3 0 Pa g e 2 1 7 o f 3 3 0 Pa g e 2 1 8 o f 3 3 0 Pa g e 2 1 9 o f 3 3 0 Pa g e 2 2 0 o f 3 3 0 Pa g e 2 2 1 o f 3 3 0 Pa g e 2 2 2 o f 3 3 0 Pa g e 2 2 3 o f 3 3 0 Pa g e 2 2 4 o f 3 3 0 Pa g e 2 2 5 o f 3 3 0 Pa g e 2 2 6 o f 3 3 0 Pa g e 2 2 7 o f 3 3 0 Pa g e 2 2 8 o f 3 3 0 Pa g e 2 2 9 o f 3 3 0 Pa g e 2 3 0 o f 3 3 0 Pa g e 2 3 1 o f 3 3 0 Pa g e 2 3 2 o f 3 3 0 Pa g e 2 3 3 o f 3 3 0 Pa g e 2 3 4 o f 3 3 0 Pa g e 2 3 5 o f 3 3 0 Pa g e 2 3 6 o f 3 3 0 Pa g e 2 3 7 o f 3 3 0 Pa g e 2 3 8 o f 3 3 0 Pa g e 2 3 9 o f 3 3 0 Pa g e 2 4 0 o f 3 3 0 TYPICAL "L" DRIVE SECTION NTS 19.5' 70' PUBLIC R/W 30' 5'5.5'10' PUBLIC UTILITY ESM'T 10' PUBLIC UTILITY ESM'T CL 2%2% 12' MULTI-USE PATH8.5' LANDSCAPE19.5' 40' Design for MUPs adjacent to 'Estate' walls Design for MUPs not adjacent to 'Estate' walls Pa g e 2 4 1 o f 3 3 0 I f City<f ._,r Pasco Community & Economic Development Department PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO PRELIMINARY PLAT APPLICATION Master File# Date Submitted: ------- Owner Info ------- Applicant Info (if different than applicant) Na me: Pro Made Homes, Name: SG Land Management, LLC Paul Lavrentiev, Land Development Manager Allen & Cheryl Olberding Address: Address: 105609 Wiser Parkway SG Land Management Allen & Cheryl Olberding Kennewick WA 99338 105609 Wiser Parkway 5 Lavender Ct Kennewick, WA 99338 Pasco, WA 99301 Phone: Phone: (509)392-7080 (509)392-7080 Email: Email: Paul@lnfinityhomesofwa.com Paul@lnfinityhomesofwa.com Project Address: _______________ _ Project Parcel Number: 114-330-041 ; -042; -043 ;-044 C Z . R-1 Residential Low and R-2 Residential Medium urrent ornng: ________________ _ Gross square footage of property: _7...a,.,1_3 _4..:....,2_5_7 _S_F ____ _ Number of lots proposed: ____ 75_8 _______ _ Source of domestic water: City of Pasco ------------- Method of sewage disposal: _C_i-'ty_o_f_P_a _sc_o _______ _ Development variations (density increase, planned density development, planned unit development, etc.): None Description of proposal: The project is for the development of 758 single-family residential homes. Potable water and sanitary sewer disposal will be provided by the City of Pasco. Updated May 2021 Page 5 of 6 Page 242 of 330 Access to proposed plat (existing or proposed): The project will ta ke access from Powerline Road and will co nstruct new roadways to provide access to lots within the plat. NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant's property. Application fee Per Lot Fee Environmental Checklist Radius Notification TOTAL □Preliminary Plat (physical & electronic) □SEPA checklist Appli ant Signature Owner Signature Owner Signature Owner Signature Page 6of 6 $ 700.00 $ 30.00 per lot ($950.00 max) $ 75.00 $ 50.00 $ □Fee □Title Report 1;(iz/2-2__ Date Date Date Page 243 of 330 Community & Economic Development Department PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO PRELIMINARY PLAT APPLICATION PURPOSE: The purpose of a preliminary plat is to provide the owner(s) of property wishing to divide their property into two or more lots and the City an opportunity to review the overall concept prior to initial development. The intent of the preliminary plat process is to promote orderly and efficient community growth within the requirements of RCW 58.17.035. 1.Prior to the filing of an application for approval of a preliminary plat, it is suggested that the subdivider, or his/her agent, contact the Planning Department to discuss the requirement for the preliminary plat. REQUIREMENTS: 1.Title report current within thirty (30) days 2.Application fee (see below) 3.Electronic copy of plat and adjacent properties, as defined below, in AutoCAD format for importation into the City's Geographic Information System (GIS) 4.A completed SEPA checklist 5.An accepted traffic impact analysis (TIA) may be required per the Pasco Design and Construction Standards. 6.Four (4) hard copies of a professionally drawn Preliminary Plat map in ANSi D size (22x34 inches) Clearly showing: a.General information. The following general information shall appear on each sheet of a preliminary plat: i.Proposed name of the subdivision along with the words "Preliminary Plat." Names shall not be deceptively similar to names of existing subdivisions; ii.Name and address of the applicant/ developer and owner; iii.Name and address of the professional engineer or surveyor who prepared the preliminary plat; iv.Numeric scale, graphic scale, true north point and date of preparation; v.Location of boundary lines in relation to section, quarter-section or quarter quarter section lines and any adjacent corporate boundaries; vi.A vicinity map sufficient to define the location and boundaries of the proposed subdivision with respect to surrounding property, streets and other major man-made and natural features shall appear on the preliminary plat. b.Existing conditions. Information on existing conditions shall appear on preliminary plats as follows: Updated May 2021 Page 1 of 6 Page 244 of 330 i.Right-of Way and Parcel lines of completed and current preliminary adjacent subdivisions and/or properties within ½ mile; ii.Existing Topographic features, including all utilities and contours at 5 foot intervals; iii.Location, width and name of each existing or platted street or other right-of way, parks and other public open spaces, and permanent buildings, within the proposed subdivision; iv.The location, widths and purposes of any existing easements lying within or adjacent to the proposed subdivision as described in item 'I' above; v.The location of any well within the proposed subdivision or within one hundred {100) feet of the boundaries of the proposed subdivision. c.Proposed Development. Preliminary plats shall contain the following information about proposed developments: i.Location and width of proposed streets, alleys, pedestrian ways and easements; ii.Indication of any portion or portions of the preliminary plat for which separate or successive final plats will be filed; iii.Layout, numbers and approximate dimensions of lots and numbers of blocks; iv.Location and size of all proposed parks, playgrounds, church sites, or other special uses of land considered for dedication, or reservation by deed of covenant for special use or for use of all property owners in the subdivision and any conditions of such dedication or reservation; v.Indication of proposed land use; vi.Proposed contours, as necessary, to clearly depict future improvements; vii.Two copies of proposed street grades may be required by the City Engineer where conditions warrant their being furnished. viii.For proposed subdivisions involving residential land uses, a Table shall be provided on the preliminary plat containing the following information: 1.Total area of proposed plat in acres; 2.Number of lots and square footage of each lot; 3.Minimum lot size; 4.Maximum lot size; 5.Average lot size; 6.Number of lots per phase; and 7.Total area of proposed rights-of-way per phase. ix.Preliminary layout of water, storm drainage and sanitary sewer systems. PUBLIC HEARING: Upon receipt of a fully completed, and accepted, application for preliminary plat approval, a date shall be set for an open record hearing before the Hearing Examiner. 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: Page 2 of 6 Page 245 of 330 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; 2.The proposed subdivision contributes to the orderly development and land use patterns in the area; 3.The proposed subdivision conforms to the policies, maps and narrative text of 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; 5.The proposed subdivision conforms to the general purposes of this Title; 6.The public use and interest will be served by approval of the proposed subdivision. NOTICE OF DECISION: Following adoption of a resolution approving or denying a preliminary plat, the applicant shall be notified of the Hearing Examiner's action. The notice shall inform the applicant of applicable time limitations for final plat submittal if the preliminary plat was approved. The approved preliminary plat does not constitute an acceptance of the subdivision, but is deemed to be an authorization to proceed with preparation of the final plat. ADJUSTMENTS: 1.Minor Adjustments. Minor adjustments may be made and approved by the City Planner. Minor adjustments are those which may affect the precise dimensions of the plat but which do not affect the basic character or arrangement of the lots and streets. The adjustments cannot be inconsistent with the requirements of the preliminary plat approval. The adjustments cannot cause the subdivision to be in violation of this title, the zoning ordinance, any other applicable City land use controls, Chapter 58.17 RCW, or any other applicable state law or regulation. 2.Major Adjustments. Major adjustments are those, when determined by the City Planner, that substantially change the basic design, layout, open space or other requirements of the plat. When the City Planner determines a change constitutes a major adjustment, a new application for a preliminary plat is required and shall be processed as a new and separate application. 3.Time Limitations. A preliminary plat shall be valid for a five-year period following Hearing Examiner approval of the preliminary plat. LARGE DEVELOPMENTS: In order to discourage premature subdivision and unfeasible improvements of streets, the following procedure is provided for: 1.When a developer or group of developers have in their control an area of land which they wish to plat, but of such a large size that the sale of a majority of the lots in the area would take more than a year, they may cause to be prepared a preliminary plat for the entire area of development; 2.On such preliminary plat, development divisions may be designated; 3.Upon approval of the preliminary plat, the developer may cause to be prepared a final plat for one or more development divisions, provided the order of development allows for the Page3of6 Page 246 of 330 provision of utilities and streets with proper alignment with existing and future utilities and streets; 4.Each development division shall be considered as a final plat and provisions of these regulations shall be complied with for such development division. Additional Considerations: Due to the potential changes resulting from the Transportation Impact Analysis (TIA), plans depicting civil improvements within the plat shall not be submitted for review until the TIA, for the entire preliminary plat, is completed and accepted by the City Engineer. Page4of6 Page 247 of 330 SUBDIVISION Issued By: COMMONWEAL TH LAND TITLE INSURANCE COMPANY by its agent: •fl TICOR TITLE. ® COMPANY Guarantee/Certificate Number: 472221388 COMMONWEAL TH LAND TITLE INSURANCE COMPANY, a corporation, herein called the Company, GUARANTEES Infinity Homes of Washington and City of Pasco herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1.No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2.The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Ticor Title Company 8101 W Grandridge Blvd., Suite 110 Kennewick, WA 99336 Countersigned By: �-- Dylan Strait Authorized Officer or Agent Subdivision Guarantee/Certificate Page 1 Commonwealth Land Title Insurance Company By: Attest: Michael J. Nolan, President Marjorie Nemzura, Secretary Printed: 07.14.22 @ 12:29 PM WA-TT-FKCQ-02840.470098-SPS-1-22-472221388 Page 248 of 330 COMMONWEAL TH LAND TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 472221388 Liability ISSUING OFFICE: Ticor Title Company 8101 W Grandridge Blvd., Suite 110 Kennewick, WA 99336 Main Phone: (509)579-7020 SCHEDULE A Premium Tax For APN/Parcel ID(s): 114-330-041, 114-330-042, 114-330-043 and 114-330-044 Page 249 of 330 COMMONWEAL TH LAND TITLE INSURANCE COMPANY SCHEDULE A GUARANTEE/CERTIFICATE NO. 472221388 END OF SCHEDULE A Page 250 of 330 COMMONWEAL TH LAND TITLE INSURANCE COMPANY SCHEDULE B GUARANTEE/CERTIFICATE NO. 472221388 1.General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2022 Tax Account No.: 114-330-041 Levy Code: 104 Assessed Value-Land: $1,675,800.00 Assessed Value-Improvements: $0.00 General and Special Taxes: Billed: Paid: Unpaid: Amount without exemption: Affects: Parcel A $1,282.48 $641.24 $641.24 $12,790.55 2.General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2022 Tax Account No.: 114-330-042 Levy Code: 104 Assessed Value-Land: $1,667,500.00 Assessed Value-Improvements: $0.00 General and Special Taxes: Billed: Paid: Unpaid: Amount without exemption: Affects: Parcel B $1,271.88 $635.94 $635.94 $13,997.84 3.General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2022 Tax Account No.: 114-330-043 Levy Code: 104 Assessed Value-Land: $3,328,500.00 Assessed Value-Improvements: $0.00 General and Special Taxes: Billed: Paid: Unpaid: Amount without exemption: Affects: Parcel C Subdivision Guarantee/Certificate $1,268.04 $634.02 $634.02 $27,927.30 Page4 Printed: 07.14.22@ 12:29 PM WA-TT-FKCC-02840.470098-SPS-1-22-472221388 Page 251 of 330 COMMONWEAL TH LAND TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE/CERTIFICATE NO. 472221388 4.General and special taxes and charges; payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2022 Tax Account No.: 114-330-044 Levy Code: 104 Assessed Value-Land: $3,334,000.00 Assessed Value-Improvements: $0.00 General and Special Taxes: Billed: Paid: Unpaid: Affects: Parcel D $27,948.42 $13,974.21 $13,974.21 5.Any unrecorded leaseholds, right of vendors and holders of security interests on personal property installed upon the Land and rights of tenants to remove trade fixtures at the expiration of the terms. 6.Terms, covenants and conditions contained in application for Current Use Classification, entered into pursuant to RCW 84.34 (including potential liability for future applicable taxes, special benefit assessments levied by local governments, penalties and interest upon breach of, or withdrawal from, said classification); notice of approval being recorded March 7, 1979, under Auditor's File No. 389035: Classification: Farm and agricultural 7.This land is included in the South Columbia Basin Irrigation District and is subject to the laws of the United States and the State of Washington relative to the Columbia Basin Project and is liable for further assessments, if any, levied by said district. 8.Permit to enter upon and construct, operate and maintain pipelines, canals or laterals, including the banks thereof and to dump waste materials in conenction therewith, together with the right of ingress and egress across said premises granted to the United States of America by instrument recorded December 19, 1946 under Auditor's File No.108994. 9.An Easement affecting the portion of said and for the purposes stated herein and incidental purposes For: To construct, operate and maintain and electrical distribution system and to cut and trim trees and shrubbery that may interfere with or threaten to endanger the operation and maintenance of said system In Favor of: Franklin County Public Utility District No. 1 Recorded December 30, 1974 Recording No.: 349700Affects: property herein described and other property. Subdivision Guarantee/Certificate Page5 Printed: 07.14.22@ 12:29 PM WA-TT-FKC0-02840.470098-SPS-1-22-472221388 Page 252 of 330 COMMONWEAL TH LAND TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 472221388 SCHEDULE B (continued} 10.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: County of Franklin, a Municipal Corporation Right of way for public road purposes January 3, 1975 349827 Affects: The East 30 feet and the South 30 feet of fractional Section 3 and other property 11.Agreement dated September 6, 1977 and July 20, 1980 between United States of America, the South Columbia Basin Irrigation District and Burlington Northern Inc., recorded January 20, 1978 and October 29, 1980 under Auditor's File No. 377189 and 405525, respectively providing for the development of irrigation facilities by Burlington Northern Inc. with private capital until such time as said lands are included within irrigation blocks, at which time the owner will sell the basic ground water withdrawal facilities as are needed by the district and will then take delivery of Water from said district. 12.Easement(s) for the purpose(s} shown below and rights incidental thereto, as granted in a document: Granted to: Alford Farms, Inc., a Washington corporation, and/or assigns Purpose: Recording No.: Easement for underground water line, overhead-power line, and water well use 469278 Affects: Ptn SE 3/9/29 Note: Said easement is a re-record of Auditor's File No. 468889. Assignment of Easement and the terms, conditions and provisions thereof: Between: Gerald Wolfley and Jean Wolfley, husband and wife AND Kenneth G. Smith, a married man dealing in his separate property Recorded: December 29, 1997 Recording No.: 548122 Assignment of Easement and the terms, conditions and provisions thereof: Between: Kenneth G. Smith, a married man dealing with his separate property AND Pasco School District No. 1, a Washington municipal corporation AND FARM 2005, LLC, a Washington limited liability company Recorded: December 4, 2007 Recording No.: 1711948 Reference is hereby made to said document for full particulars. Subdivision Guarantee/Certificate Page6 Printed: 07.14.22@ 12:29 PM WA-TT-FKCC-02840.470098-SPS-1-22-472221388 Page 253 of 330 COMMONWEAL TH LAND TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 472221388 SCHEDULE B (continued) 13.Assignment of Well Easement and the terms, conditions and provisions thereof: Assignor: Assignee: Recorded: Recording No.: Farm 2005, LLC, a Washington Limited Liability Company City of Pasco, Washington, a Municipal Corporation July 30, 2008 1722639 Such easement was assigned by the original Grantee to Kenneth G. Smith by Assignment of Easement dated November 25, 1997 and recorded December 23, 1997 under Auditor's File No. 548122. Such easement was further assigned by Assignment of Easement dated November 30, 2007 between Kenneth G. Smith as assignor to Pasco School District No. 1, a Washington Municipal Corporation, and Farm 2005, LLC, a Washington Limited Liability Company, as Franklin County Auditor's File No. 1711948. as co-owners each having an undivided one-half interest therein Reference is hereby made to said document for full particulars. 14.Reservations contained in Contract; Executed by: Glaicier Park Company, a Delaware Corporation AND Alford Farms, Inc., a Washington Corporation Recorded: December 29, 1989 Recording No.: 468888 As follows: Excepting and reserving, however, to the Granter, for itself, its successors and assigns, forever, all right, title and interest, legal and equitable whatsoever, however derived, reserved or held, in and to all geothermal heat and all ores and minerals of any nature whatsoever, including, but not limited to , oil, gas, other hydrocarbons, carbon dioxide, coal, iron, gas occuring in coal formation, industrial minerals, metallic minerals, aggregates, sand, gravel, clay, uranium, rock, including, but not limited to, rock of a unique charachter together with all the right to enter upon the premises for the purposes of prospecting and exploring. Provided, however, that the grantee, its successors and assigns, shall be paid just and reasonable compensation for any actual physical injury or damage to the surgace of said premises and to growing crops and timber thereon caused by the exercise of any right herein reserved Affect: The South half of Section 3 NOTE: By deed said reserved minerals have been conveyed. To: Meridian Oil In., a Delaware Corporation Recorded: December 10, 1990 Auditor's No.: 475999 Affects: Said premises and other property 15.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Public Utility District No. 1 of Franklin County, Washington, a municipal corporation, and to its successors or assigns Purpose: To construct, operate and maintain electrical facilities and other utility facilities, with all covenient or necessary appurtenances including, but no limited to poles, crossarms, towers, transformers, one or more wires, props, guys and other supports Recording Date: March 22, 1991 Recording No.: 477984 Affects: 15' wide easement over Easterly portion of said Section 3 Subdivision Guarantee/Certificate Page7 Printed: 07.14.22 @ 12:29 PM WA-TT-FKCQ-02840.470098-SPS-1-22-472221388 Page 254 of 330 COMMONWEAL TH LAND TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 472221388 SCHEDULE B (continued) 16.Reservations and exceptions contained in Warranty Fulfillment Deed In Favor of: Glacier Park Company, a Delaware Corporation Recorded: April 8, 1991 Recording No.: 478326 Notices of Claim to Severed Mineral Interest recorded January 7, 2009 under recording nos. 1728732 and 1728733. This Commitment does not include the present ownership of or the encumbrances affecting said mineral estate. 17.Memorandum of Right of First Refusal between LC.Farms and Lamb-Weston, Inc., a Delaware Corporation recorded July 21, 1998 under recording no.: 554743. 18.Terms and conditions of the Nondisturbance agreement: Granter: LC Farming-Pasco, LLC Grantee: Allen and Cheryl Olberding, husband and wife and Fred Olberding and Edie Ollberding, husband and wife Recorded: December 15, 2015 Recording No.: 1840037 NOTE: Said instrument is a Re-Record of Auditor's File No. 1838829 19.Well and Right of Way Easement betweenFrederick Olberding and Edie Olberding and Allen Olberding and Cheryl Olberding recorded December 15. 2015 under Auditor's File No. 1838828 and re-recorded Januar y 14, 2016 under Auditor's File No. 1840036. 20.Process Water Application Agreement between Lamb Weston Inc., and Lazy O LLC recorded August 3, 2016 under Auditor's File No. 1848938. 21.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: City of Pasco Roadway and Utility Easement December 18, 2019 1888667 22.Terms, conditions and provisions set forth in City of Pasco Ordinance No. 4574 Recorded: January 26, 2022 Recording No.: 1955216 Reference is hereby made to said document for full particulars. Subdivision Guarantee/Certificate Pages Printed: 07.14.22 @ 12:29 PM WA-TT-FKC0-02840.470098-SPS-1-22-472221388 Page 255 of 330 · COMMONWEAL TH LAND TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE/CERTIFICATE NO. 472221388 23.Terms, conditions and provisions set forth in City of Pasco Ordinance No. 4574A Recorded: March 24, 2022 Recording No.: 1958233 24.Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. END OF SCHEDULE B Subdivision Guarantee/Certificate Page9 Printed: 07.14.22 @ 12:29 PM WA-TT-FKCQ-02840.470098-SPS-1-22-472221388 Page 256 of 330 Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 NOTICE OF APPLICATION/SEPA DETERMINATION (Optional DNS Process) Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. SEPA Comment Period Deadline: 26 April 2023 Proposal: Paul Lavrentiev of Pro Made Homes has submitted a SEPA checklist (SEPA 2022-073), and a preliminary plat application (PP 2022-006) for the development of 725 residential units, including 485 single-family and 240 multi-family units, along with four neighborhood parks on Parcels 114330041, 114330042, 114330043, and 114330044 located northwest of the intersection of Burns Road and Road 52 in Pasco, Franklin County, WA. The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on 26 April 2023. Only comments received by the referenced date will be included in the SEPA record. If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to: planning@pasco-wa.gov. Determination of Completeness: The application has been declared complete for the purpose of processing. Environmental Documents and/or Studies Applicable to this Application: Environmental Determination No. SEPA 2022-073 has been assigned to this proposal. The SEPA comment period will end 26 April 2023. It is probable that a Determination of Non-Significance or Mitigated Determination of Non-Significance will be issued for this proposal (WAC 197.11.355 optional DNS process). This may be the only opportunity to comment on the environmental impacts of this proposal or to appeal any State Environmental Policy Act related decisions. A copy of the subsequent threshold determination and any other information concerning this action may be obtained by contacting the City of Pasco Planning Department. Required Permits: A City of Pasco building permit may be required for future construction. Preliminary Determination of Regulations Used for Project Mitigation: Titles 12 (Streets and Sidewalks), 16 (Buildings and Construction), 25 (Zoning), regulations of the Pasco Municipal Code, and the land use policies contained in the Pasco Comprehensive Plan. Estimated Date of the Determination: A DNS or MDNS will be issued following the close of the comment period on 26 April 2023. To Receive Notification of the Environmental Determination: Contact the Pasco Planning Division at the address or telephone number below. Appeals: You may appeal the subsequent threshold determination by submitting an appeal to the address below within 10 days of issuance. The appeal must be in written form, contain a concise statement of the matter being appealed and the basic rationale for the appeal. A fee is required per the City's Fee Resolution. Please note that failure to file a timely and complete appeal shall constitute a waiver of all rights to an administrative appeal under City code. All comments or appeals are to be directed to the City of Pasco Planning Department, PO Box 293, Pasco, WA, 99301, Attn: Rick White. Prepared 28 March 2023 by: Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545-2604 Page 257 of 330 601 Union Street | Suite 3525 | Seattle, WA 98101 | (206) 576-4220 | Fax (206) 576-4225 www.fehrandpeers.com Burns Road Development Concurrency Review - Draft Four adjacent developments (Glacier Park 1, Pasco High School #3, Raven Place, and Madison Park North) are proposed along the north side of Burns Road, east of Convention Drive in Pasco, WA. This area of Pasco is currently farmland and lacking the transportation infrastructure necessary for the proposed developments. This concurrency and proportionate share review summarizes the improvements to the transportation system that would be necessary to accommodate orderly development and establishes a methodology for assigning and calculating the proportionate share contributions from each development proposal. Mitigations To identify a list of potential mitigations, Fehr & Peers reviewed the individual project Transportation Impact Analyses (TIAs) submitted for each of the development proposals and compiled all mitigations mentioned over the four TIAs. The mitigations identified from this review are listed below with references to City planning documents 1 where relevant: 1. Burns Road Extension (TSMP EXP6, TIP 5.02) - Extend Burns Road as a three-lane minor arterial, from Road 68 to Rio Grande Lane 2. Burns Road & Road 68 Intersection (TSMP EXP6, TIP 5.02) - Convert intersection from side street stop control to signalized 3. Burns Road & Road 60 Intersection (not in planning documents) - Convert intersection from side street stop control to signalized 4. Sandifur Parkway & Convention Drive Intersection (TSMP INT2, TIP 5.15) - Convert intersection from side street stop control to signalized 5. Sandifur Parkway & Road 60 Intersection (not in planning documents) - Convert intersection from all way stop control to signalized. Restripe to provide dedicated southbound right and eastbound left lanes. 6. Sandifur Parkway & Road 52 Intersection (not in planning documents) - Restripe to provide dedicated northbound left and southbound left lanes. 1TSMP = Transportation System Master Plan (City of Pasco, 2022) 1TIP = Transportation Improvement Program (City of Pasco, 2023) Page 258 of 330 City of Pasco July 3, 2024 Page 2 of 11 7. Burden Boulevard & Road 68 Intersection / Road 76 Overpass (TSMP INT 3 & EXT 2, TIP 5.08) - Contribute to the Road 76 Overpass as a mitigation for impacts to Burden Blvd & Road 68 intersection. It was determined that mitigations 5 and 6 would not be necessary if mitigations 1 and 2 are completed, which would be more consistent with the long-term transportation plan of the area. Figure 1 shows the location of these mitigations and identifies each mitigation as a Regional Project, Development Specific Project, or a Development Specific Project that is likely unnecessary. Figure 1: Transportation System Mitigations Identified in Developer Submitted TIAs Source: Fehr & Peers, 2024. Trip Generation To understand the relative traffic impacts of each project, trip generation was calculated based on project descriptions provided in the individually submitted project TIAs or from updated project information provided by development representatives at the Burns Road Developments Page 259 of 330 City of Pasco July 3, 2024 Page 3 of 11 Concurrency Update Meeting on May 22, 2024. The following land use quantities were used for this analysis: Raven Place – 699 Single Family Detached Homes Glacier Park Phase 1 – 189 Single Family Detached Homes, 122 Single Family Attached Homes Pasco High School 3 – 2000 Student High School, 140 Employees Madison Park North – 460 Single Family Detached Homes To provide a consistent basis for comparison, trip generation for each project was calculated using trip generation rates detailed in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition. Average trip generation rates were applied among the four development projects. Table 1 summarizes the trip generation estimated for each project. Residential projects have trip generation peaks that align with the AM and PM peak hours of the overall transportation system. By contrast, high schools have an AM peak hour that aligns with the AM peak hour of the overall transportation system but an afternoon peak hour that occurs before the PM peak hour of the overall transportation system. To fairly assess how these distinct development types stress Pasco’s transportation system during the busiest time of the day, the combined AM and PM peak hour trips were used to compare these two different project types. ITE Land Use Codes Used for Calculation 210 Single-Family Detached Housing 215 Single-Family Attached Housing 525 High School Table 1: Project Trip Generation Development Trips Daily AM Peak PM Peak AM+PM AM+PM % Raven Place 6,592 489 657 1,146 31% Glacier Park Phase 1 2,660 191 248 439 12% Pasco High School 3 3,880 1,040 280 1,320 36% Madison Park North 4,338 322 432 754 21% TOTAL: 17,470 2,042 1,617 3,659 100% Source: Fehr & Peers, 2024. Page 260 of 330 City of Pasco July 3, 2024 Page 4 of 11 Trip Distributions Once trip generation has been established, the next step is to understand where project trips go, otherwise known as trip distribution. To the extent possible, project trip distribution information was taken directly from the individual project TIAs. However, project trip distributions were adjusted to account for the Burns Road extension from Road 68 to Rio Grande Lane and to not assume additional road network expansions and improvements such as the extension and improvement of Road 52 and Road 44 to Clark Road and to establish more consistency of distribution assumptions between developments. The TIAs for Glacier Park Phase 1 and Pasco High School 3 were consistent with these assumptions and the trip distributions for these projects were used as described. The Raven Place TIA did not include the extension of Burns Road from Road 68 to Rio Grande Lane and the Madison Park North TIA included additional road network expansions and higher proportions of trips heading north than the other residential developments. The trip distributions of these projects were adjusted based off similar developments, a review of results from the BFCOG 2025 Travel Demand Mode, and engineering judgement. Proportionate Share The following section describes findings for the proportionate share evaluation of each development proposal for the mitigations described above and shown in Figure 1. Mitigation 1- Burns Road Extension Mitigation 1 is to extend Burns Road as a three-lane minor arterial from Road 68 to Rio Grande Lane. It is estimated that 60% of the total trips from Raven Place, Glacier Park Phase 1, and Madison Park North and 23% of the total trips from Pasco High School 3 would use this new road segment.2 Error! Not a valid bookmark self-reference. calculates the proportionate share of the total development contribution of project trips from each development based on the combined AM and PM peak trips. Table 2: Proportional Share of Mitigation 1 Among the Four Developments Development Trips AM PM AM+PM % Share Raven Place 293 394 688 40% Glacier Park Phase 1 115 149 263 15% Pasco High School 3 240 65 305 18% 2 The BFCOG 2025 Travel Demand Model supports this distribution as it estimates 50% of the trips generated by the combined four developments would utilize the extension of Burns Road. Page 261 of 330 City of Pasco July 3, 2024 Page 5 of 11 Madison Park North 193 259 452 26% TOTAL: 841 867 1,708 100% The BFCOG 2025 Travel Demand Model estimated that 85% of the trips on Burns Road would be generated from the four developments. It was requested to analyze the effect of future development on the Burns Road Extension. A sensitivity analysis was completed for an expanded area of future development north and south of Burns Road. Future dwelling units and employees were estimated based off on existing Pasco Zoning and Land Use information to approximate the impact of future development on the transportation system. The parcels included in this expanded area north of Burns Road are 115010032, 114330031, 115130046, 115130055, 114330051, 114330059 with a total area of about 457 acres. It was estimated that this area north of Burns Road could produce 1,374 dwelling units and 266 employees. Future parcels included in this expanded area south of Burns Road are 116030024, 116030025, 116030026 and a portion of 116030035 wi th a total area of about 48 acres. It was estimated that this area south of Burns Road could produce 366 dwelling units and 101 employees. Figure 2 shows the area included in this analysis. These future development assumptions were imported into the BFCOG 2025 Travel Demand Model to estimate the impact and travel patterns of future development on the extension of Burns Road. When the expanded future development area was included, the BFCOG 2025 Travel Demand Model estimates 35% of the trips generated by the four developments would utilize the extension of Burns Road and 70% of the trips on Burns Road would be from the four developments, 20% of the trips on Burns Road would be from the expanded future development area, and 10% would be from existing development. If trips from existing development are excluded, then 78% of the trips on Burns Road would be from the four developments and 22% of the trips on Burns Road would be from the expanded future development area. From the various analysis scenarios studied the four developments could be responsible for contributing between 70-100% of the costs for the extension of Mitigation 1 - Burns Road Extension. Table 3 shows the proportionate share between individual developments for various scenarios. Page 262 of 330 City of Pasco July 3, 2024 Page 6 of 11 Figure 2: Sensitivity Analysis Expanded Area of Future Development Table 3: Proportionate share of Mitigation 1 for different total development contributions Development Total Development Contribution 100% 78% 70% Raven Place 40% 31% 28% Glacier Park Phase 1 15% 12% 11% Pasco HS 3 18% 14% 12% Madison Park North 26% 21% 19% Other 0% 22% 30% 78% Total Contribution accounts for the estimated proportion of expanded future development using Burns Road only. 70% Total Contribution accounts for the estimated proportion of expanded future development and existing development using Burns Road. Source: Fehr & Peers, 2024. Page 263 of 330 City of Pasco July 3, 2024 Page 7 of 11 Mitigation 2 – Burns Road & Road 68 Intersection Mitigation 2 is converting the intersection of Burns Road & Road 68 from side street stop control to signalized. The submitted TIAs identified that this intersection meets operation standards today. The need to signalize this intersection is driven by the trips generated from the four developments that would use this intersection. The number of trips that would use this intersection would be the same as those estimated for Mitigation 1. Table 4 shows the calculated proportionate share of the total development contribution of project trips from each development based on the combined AM and PM peak trips. Table 4: Proportionate share of Mitigation 2 Among the Four Developments Development Trips AM PM AM+PM % Share Raven Place 293 394 688 40% Glacier Park Phase 1 115 149 263 15% Pasco High School 3 240 65 305 18% Madison Park North 193 259 452 26% TOTAL: 841 867 1,708 100% Source: Fehr & Peers, 2024. Although Mitigation 2 is necessary because of the four developments, it is recognized that this intersection will serve existing trips and trips from future developments. There is similar development potential near this intersection on either side of Road 68, therefore the four developments could be responsible for contributing between 50-100% of the costs of Mitigation 2 – Burns Road and Road 68 Intersection. Table 5 shows the proportionate share of individual developments for 100%, 75%, and 50% total contribution from the four developments. Table 5: Proportionate share of Mitigation 2 for different total development contributions Development Total Development Contribution 100% 75% 50% Raven Place 40% 30% 20% Glacier Park - Phase 1 15% 12% 8% Pasco High School 3 18% 13% 9% Madison Park North 26% 20% 13% Other 0% 25% 50% Source: Fehr & Peers, 2024. Page 264 of 330 City of Pasco July 3, 2024 Page 8 of 11 Mitigation 3 – Burns Road & Road 60 Intersection Mitigation 3 is converting the intersection of Burns Road & Road 60 from side street stop control to signalized. The submitted TIAs identified that this intersection meets operation standards today. The need for this mitigation is only necessary because of the four project developments and therefore should be fully funded by the four project developments. Raven Place and Madison Park North are located east of this intersection and 80% of their total project trips are estimated to use the intersection. Glacier Park Phase 1 is located west of this intersection and 5% of its project trips are estimated to use the intersection. The High School is located east of this intersection and 70% of its project trips are estimated to use the intersection. Table 6 shows the calculated proportionate share of project trips from each development based on the combined AM and PM peak trips. Table 6: Proportionate share of Mitigation 3 Development Trips AM PM AM+PM % Share Raven Place 391 526 917 37% Glacier Park Phase 1 10 12 22 1% Pasco High School 3 729 188 917 37% Madison Park North 258 346 603 25% TOTAL: 1,387 1,072 2,459 100% Source: Fehr & Peers, 2024. Mitigation 4 – Sandifur Parkway & Convention Drive Intersection Mitigation 4 is converting the intersection of Sandifur Parkway & Convention Drive from side street stop control to signalized. The Raven Place TIA indicated that the operation of this intersection does not meet the operating standards for two way stop control intersection in current conditions. However, it was determined that the existing volume could be mitigated by either adding a dedicated left lane to the northbound and southbound approaches or converting the intersection to all way stop control. These improvements are not sufficient to mitigate the added project trips from the four developments. Therefore, the need to signalize this intersection is only necessary because of the four project developments and could be fully funded by the four project developments. It is estimated that 20% of the total trips from Raven Place, Glacier Park Phase 1, and Madison Park North and 16% of the total trips from Pasco High School 3 use this intersection. Table 7 shows the calculated proportionate share of project trips from each development based on the combined AM and PM peak trips. Page 265 of 330 City of Pasco July 3, 2024 Page 9 of 11 Table 7: Proportionate share of Mitigation 4 Development Trips AM PM AM+PM % Share Raven Place 98 131 229 34% Glacier Park - Phase 1 38 50 88 13% Pasco High School 3 166 45 211 31% Madison Park North 64 86 151 22% TOTAL: 366 312 679 100% Source: Fehr & Peers, 2024. It was requested to analyze the effect of future development on this intersection. A sensitivity analysis was completed that included the area of future development between Road 68 and Convention Drive and between Sandifur Parkway and Wrigley Drive. Future dwelling units and employees were estimated based off on existing Pasco Zoning and Land Use information to approximate the impact of future development on the transportation system. The parcels included in this analysis are 116130030 and the portion of parcel 116130028 north of Wrigley Drive with a total area of about 35 acres. It was estimated that this area could produce 202 dwelling units and 100 employees. Trip generation from this future development area was calculated using trip generation rates detailed in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition using Land Use Codes 210 Single-Family Detached Housing and 821 Shopping Plaza (40-150k). Trip distribution was estimated to assume 20% of residential trips and 25% of commercial trips would use the intersection of Sandifur Parkway and Convention Drive. Table 8 shows the calculated proportionate share of project trips from each development based on the combined AM and PM peak trips when considering future development. From the various analysis scenarios studied the four developments could be responsible for contributing between 74- 100% of the costs of Mitigation 4 – Sandifur Parkway and Convention Drive Intersection Extension. Page 266 of 330 City of Pasco July 3, 2024 Page 10 of 11 Table 8: Proportionate Share of Mitigation 4 when considering future development Development Trips AM PM AM+PM % Share Raven Place 98 131 229 25% Glacier Park Phase 1 38 50 88 10% Pasco High School 3 166 45 211 23% Madison Park North 64 86 151 16% Other 71 168 239 26% TOTAL: 437 480 918 100% Source: Fehr & Peers, 2024. Mitigation 7 – Burden Boulevard & Road 68 Intersection / Road 76 Overpass Mitigation 7 is to contribute to the Road 76 Overpass project as a mitigation of the impacts to the Burden Blvd & Road 68 Intersection. It is estimated that 40% of the total trips from Raven Place, Glacier Park Phase 1, and Madison Park North and 5% of the total trips from Pasco High School 3 use the intersection on Burden Boulevard & Road 68. Table 9 shows the calculated proportionate share of the total development contribution of project trips from each development based on the combined AM and PM peak trips. The BFCOG 2025 Travel Demand Model estimates 5% share of trips on the Road 76 Overpass to be from the four developments and the proportion of trips form of the four developments utilizing the intersection of Burden Boulevard & Road 68 is 1 2%. Based on this analysis, the four developments could be responsible for contributing between 5%- 12% of the costs of Mitigation 7. Table 9 shows the proportionate share of individual developments for 5% and 12% total contribution from the four developments. Table 9: Proportionate Share of Mitigation 7 Among the Four Developments Development Trips AM PM AM+PM % Share Raven Place 196 263 458 46% Glacier Park - Phase 1 76 99 176 18% Pasco High School 3 52 14 66 7% Madison Park North 129 173 302 30% TOTAL: 453 549 1,002 100% Source: Fehr & Peers, 2024. Page 267 of 330 City of Pasco July 3, 2024 Page 11 of 11 Table 10: Proportionate share of Mitigation 7 for different total development contributions Development Total Development Contribution 100% 5% 12% Raven Place 46% 2.3% 5.5% Glacier Park - Phase 1 18% 0.9% 2.1% Pasco HS 3 7% 0.3% 0.8% Madison Park North 30% 1.5% 3.6% Other 0% 95% 88% Source: Fehr & Peers, 2024. Page 268 of 330 Affidavit of Mailing In regards to MF# PP2022-006 I, Carmen Patrick, hereby confirm that notification was sent by mail July 2, 2024 to the owners of the parcels within 300 feet of the proposed site . The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification . Given under my hand and official signature this 2nd day, July of 2024. Page 269 of 330 j l Cityof i11 111 Pasco Community Development Department PO Box 293 , 525 N 3'd Ave, Pasco, WA 99 301 P: 509.545 .3441 / F: 509.545.3499 CITY OF PASCO NOTICE OF PUBLIC HEARING Si necesita ayuda para en t en der este aviso o nece sita ma s informaci6n, por favor llame al Departamento de Desarro llo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. Open Record Hearing Date, Time, Location : The Heari ng Exami ne r will conduct the open record hearing at 6:00 p.m . on July 24, 2024 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco , Wa sh in gton . The Hea ring Examiner will consider public testimony concerning the above application at this meeting. Proposal : Paul Lavrentiev of Pro Made Home's su bmitted preliminary plat application {PP 2022-006) for Raven Place Subdivi sion co nsisting of 750 lots including park(s)/open space on Parcels 114330041, 114330042, 114330043, and 114330044 located northwest of the intersection of Burns Road and Road 52 in Pasco , and northeast of Burn s Road and Road 60 Franklin County , WA . The proposa l is subje ct to regulations con tained in the Pa sco Municipal Code . Public Comment Period : Written comments must be submitted to the Community De ve lopment Department by 5:00 p.m. on July 24, 2024. to be included in the Hearing Examiner packet . If you have que stio ns on the proposal, contact the Planning Division at {5 09 ) 441-4140 or via e-mail to : ballard j@pasco-wa .gov . If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link : www .pasco -wa .gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar . Esti mated Date of the Decision : It is es timated that the Hearing Examiner w ill make a deci sio n on the Preliminary Plat within ten (10) days of the public hearing . Prepared 2 July 2024 by : J. Ballard , Senior Planner, PO Bo x 293 Pasco, WA 99301 (509) 905 -2604 The City of Pasco welcomes full participation in publi c meetings by all cttizens . No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings . If you wish to use auxiliary aids or requ ire assistance to comment at this public meeting , please contact the Community Development Department at (509) 545 -3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make a1Tangements for special needs . 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Timeline: 7 April 2023 Application Submitted 2 April 2023 Application Deemed Incomplete 17 April 2023 Application Deemed Complete 14 April 2023 Notice of Application with Optional SEPA Determination of Non-significance 9 July 2024 SEPA Mitigated Determination of Non-Significance Issued 7 July 2024 Application Noticed for Public Hearing 17 July 2024 Public Hearing Staff Report Published BACKGROUND 1) PROPERTY DESCRIPTION: Legal: THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M.,FRANKLIN COUNTY, WASHINGTON. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 2; THENCE NORTH 0°54'15" EAST 1736.16 FEET ALONG THE MID-SECTION LINE OF SAID SECTION 2 TO THE NORTHEASTERLY BOUNDARY OF THAT EASEMENT DESCRIBED IN DEED RECORDED UNDER AUDITOR'S FILE NUMBER 1952537, RECORDS OF FRANKLIN COUNTY, WASHINGTON; THENCE NORTH 45°15'31" WEST 217.16 FEET ALONG SAID NORTHEASTERLY BOUNDARY; THENCE SOUTH 44°44'29" WEST 1500.00 FEET ALONG THE NORTHWESTERLY BOUNDARY OF SAID EASEMENT; THENCE SOUTH 45°15'31" EAST 1177.05 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF SAID EASEMENT TO THE SOUTH LINE OF SAID SECTION 2; THENCE NORTH 89°08'41" EAST 346. 70 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. (Also known as Parcel B of Survey recorded under Auditor's File No. 1967124) General Location: Parcel 114-250-018 in Pasco, Washington. Page 276 of 330 2 Property Size: 129.09 acres. 2) ACCESS: The property has access from Burns Road and Roberta Road. 3) UTILITIES: Municipal water is available and will be extended from the southwest, municipal sewer will be extended to the property from the southwest. LAND USE AND ZONING: The property is zoned R-1 (Low Density Residential) and is currently undeveloped. Zoning, and current use of surrounding properties: North: RR-1 Rural Residential 1/Single Family Homes East: RR-1 Rural Residential 1/Single Family Homes South: RS-1/PDD Suburban Planned Density Development/Single Family Homes West: R-1/R-3 Low and Medium Density Residential/Irrigated Agriculture 4) COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates this site as “Low Density Residential.” The Low-Density Residential designation is described as a variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning district designations. 6) ENVIRONMENTAL DETERMINATION: The City of Pasco is the SEPA lead agency for this project. Based on the SEPA environmental checklist (SEPA2022-032), the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Mitigated Determination of Non-Significance (MDNS) was issued on July 9, 2024, for this project under WAC 197- 11-355. ANALYSIS Request Applicant proposes to subdivide a 129.09-acre parcel into 464 individual lots for single family dwellings within the R-1 Low Density Residential zoning district. History The site was annexed into the City in 2022 via Ordinance 4574 and subsequently assigned the R-1 (Low Density Residential) zoning designation via Ordinance 4584. The site undeveloped and has historically been used as farmland. Lot & Right-of-Way Layout The proposed plat would create 461 lots, a portion set aside for a private neighborhood park. A network of streets would be dedicated and improved to City code and standards to provide adequate access to all lots and to ensure access for future development. The plat also includes multi-use paths (MUPs) for pedestrians and cyclists adjacent to Burns Road, Road 52, and Deseret Drive. The proposed lots vary in size from 5,000 sq. ft. to 37,637 sq. ft. It should be noted that a portion of the plat falls within the “Zone 4 – Outer Approach/Departure Zone” designation which requires residential density at a minimum of the RS-20 zoning. The lots within this airport zone designation have been designed to have a minimum of 20,000 sq. ft. of lot size attributing to the variety of lot sizing within the proposed plat. The site has a City of Pasco Comprehensive Plan Land Use Designation of Low Density Residential, requiring a density between 3 and 5 dwelling units per acre (du/ac). The plat provides a density of approximately 3.6 du/ac meeting the requirements of PMC and the intent of the Comprehensive Plan. Page 277 of 330 3 STAFF FINDINGS OF FACT 1) Notice of the public hearing was sent to property owners within 300 feet of the subject property on July 2, 2024, and published in the Tri-City Herald newspaper on July 7, 2024, and posted on site on July 3, 2024. 2) An application for the proposed plat was submitted on April 7, 2023 and determined to be complete on April 17, 2023. 3) A Notice of Application with SEPA Optional Determination of Non-significance was issued on April 14, 2024. 4) The proposed site is Parcel # 114-250-018 in Pasco, WA. 5) The site’s Comprehensive Plan designation is Low Density Residential which allows for residential development at a density between 3 and 6 dwelling units per acre. 6) The proposed number of lots equates to approximately 3.6 dwelling units per acre. 7) The site has historically been used as farmlands and is otherwise undeveloped. 8) The project will involve the construction of a network of roads to provide access to the new lots. 9) Water and sewer services will be extended to and through the development to provide municipal services to the new lots. 10) Water rights shall be either deeded to the City or an in-lieu of fee paid prior to recording of any final plat. 11) Per the City of Pasco Parks, Recreation and Open Space Master Plan the goal for Level of Service (LOS) of 2 acres of neighborhood park land and 2.1 acres if community park land per 1,000 population. Based on the anticipated population that would be generated by the development a total of 4.73 acres of parkland are needed to meet LOS goals. 12) The proposed plat provides 2.09 acres of private parklands and 2.1 acres of MUPs, the remaining 0.54 acres of necessary parklands will be serviced by the developing sports field at the new Pasco Highschool developing to the West. 13) A traffic concurrency evaluation was completed to determine the proposal’s impacts to the transit network, a proportionate share fee has been determined and assessed to mitigate the impacts. 14) An approximately 2-acre sized private park is proposed within the subdivision that would be accessible to the residents, a park impact fee credit will be applied. 15) Per SEPA 2022-032 MDNS, traffic impacts shall be mitigated with a proportionate share of the following intersections/projects: a. Burns Road Extension (TSMP EXP6, TIP 5.02) – Extend Burns Road as a three-lane minor arterial, from Road 68 to Rio Grande Lane (up to $1,050,000). b. Burns Road & Road 68 Intersection (TSMP EXP6, TIP 5.02) – Convert intersection from side street stop control to signalized (up to $472,500). c. Burns Road & Road 60 Intersection – Convert intersection from side street stop control to signalized (up to 25%). d. Sandifur Parkway & Convention Drive Intersection (TSMP INT 2, TIP 5.15) – Convert intersection from side street stop control to signalized (up to 22%). e. Burden Boulevard & Road 68 Intersection / Road 76 Overpass (TSMP INT 3 & EXT 2, TIP 5.08) – Contribute to the Road 76 Overpass as a mitigation for impacts to Burden Boulevard & Road 68 intersection (up to $624,750). 16) Traffic, Park, and School impact fees will be collected for each lot prior to building permits being issued for new residences. Credits and reductions to the Traffic and Park impact fees will be provided when and where appropriate in accordance with PMC 3.40.090 and PMC 3.50.070. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT Page 278 of 330 4 As per PMC 21.25.060, Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from the record and conclusions thereof 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; The proposed subdivision will be serviced by City emergency services and proposes to develop a private park approximately 2 acres in size. The proposal is also dedicating and constructing adequate right-of-way and will be required to construct the right-of-way to meet the requirements of PMC and the Pasco Design and Construction Standards. These requirements include the construction of new sidewalks adjacent to the right- of-way for safe pedestrian travel as well as multi-use paths (MUPs) along the north side of the Burns Road right-of-way, the south side of the Deseret Drive right-of-way, and along Road 52. Utilities such as municipal water and sewer are required to be extended to and through the right-of-way to provide access to all lots within the proposed subdivision. Traffic, park, and school impact fees will be collected with each building permit issued for a new dwelling to account for impacts to the transit system, school system, and park land improvements and maintenance. Credits and reductions to the traffic and park impact fees will be provided in accordance with PMC 3.40.090 and PMC 3.50.070. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed development may contain various types of residential single family dwellings and will match the single family dwelling pattern within the vicinity. While the range of lot sizes vary greatly due to the proximity to Airport Zone 4 designated lands each lot will be developed to comply with the zoning code of Low Density Residential and will be in conformance with the underlying land use designation of Low Density Residential which applies for all of the lands in the general vicinity. The development will also be required to construct row-of-improvements such as curb, gutter, sidewalk, street lighting, etc. for safe pedestrian travel and for the welfare of the residents. This will differ from many of the surrounding properties as such row-of-way improvements are not present. MUPs will also be provided on Burns Road, Road 52, and Deseret Lane which will connect to the MUPs of nearby and adjacent developments. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; Pasco’s Comprehensive Plan Future Land Use Map designates the land as “Low Density Residential” which allows for the RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning designations and allows for a variety of residential housing at a density of 3 to 6 dwelling units per acre. The sites zoning designation and proposed density of 6 dwelling units per acre conforms with the Comprehensive Plan. Further, the proposal aligns with the policies of the Comprehensive Plan such as: • Housing Policy H-3-A: Encourage innovative techniques in the design of residential neighborhoods and mixed-use areas to provide character and variety in the community. The proposed plat includes a variety of lot sizes ranging from lot sizes typical in the R-1 zoning designation and the RS-20 zoning designation. Further the plat will provide a private park and MUPs for recreation and walkability. • Land Use Policy LU-2-E: Discourage the siting of incompatible uses adjacent to Pasco (Tri-Cities) Airport and other essential public facilities. The proposal adheres to the requirements of the Airport Overlay District by providing the necessary lot sizes within each compatibility zone. The development has accounted for the siting to ensure it is compatible with the adjacent airport and is in conformance with the Airport Overlay District. • Land Use Policy LU-4-E: Encourage the orderly development of land by emphasizing connectivity and efficiency of the transportation network. The proposal provides a network of roads in Page 279 of 330 5 conformance with Pasco’s code and requirements. The proposal also provides MUPs that will serve to connect the development to adjacent developments and major roadways. • Capital Facilities Policy CF-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. The proposal will provide impact fees during the permitting process to address the impacts on traffic, parks, and schools. Further, a concurrency evaluation and traffic analysis were completed as a portion of the review and the development will contribute fees proportionate to their impacts to the transportation network. The development will also construct MUPs that may be used for pedestrian and bicycle travel to and around the area. • Transportation Policy TR-1-F: Develop an interconnected network of streets, trails, and other public ways during the development process while preserving neighborhood identity. The proposal will develop a network of roads and MUPs that responsibly connect it to major travel corridors and adjacent developments. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; The City Council has adopted the Pasco Comprehensive Plan which contains various goals and policies of which the proposal conforms to, see example policies under (3) of this section. Further, the proposal conforms with some Council’s 2022-2023 goals such as: • Economic Vitality: Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes, phased sign code update, and development regulations and standards. In November of 2023 the City Council passed Ordinance 4700 relating to residential design standards. These standards provide various housing types, lot sizes, frontage widths etc. which the proposed plat will conform to and use. (5) The proposed subdivision conforms to the general purposes of this title; Title 21 “Pasco Urban Area Subdivision Regulations” contains requirements and procedures for various subdivision types. Requirements include those for streets, lots and blocks, and application materials for each type of subdivision action. The proposed subdivision meets the requirements of Title 21 in all respects. (6) The public use and interest will be served by approval of the proposed subdivision. The proposed plat, if approved, will be developed in accordance with all City codes and standards designed to ensure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through developed of this plat. These factors will ensure the public use and interest are served. APPROVAL CONDITIONS 1) The Madison Park North subdivision shall be developed in substantial conformance with the submitted Plat. The subdivision shall contain 461 residential lots. 2) All improvements shall be in accordance with the Pasco Municipal Code. The Pasco Municipal Code adopts the most recent versions of the City of Pasco Standard Specifications, the Washington State Department of Transportation Standard Specifications for Road, Bridges, and Municipal Construction, the International Building Code, and International Fire Code. If there are any conflicting regulations in any of these documents, the more stringent regulation shall apply. 3) The face of the final plat shall include this statement: “As a condition of approval of this 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.” 4) The face of the final plat shall include this statement: “The individual or company making improvements Page 280 of 330 6 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.” 5) The face of the final plat shall include this statement: “Property within this plat may be subject to varying noise levels and vibrations due to proximity to the Tri-Cities Airport. Properties near the airport may be located within height and use restriction zones as described and illustrated by federal standards and regulations and the City of Pasco Zoning Regulations. There is the potential that standard flight patterns will result in aircraft passing over the properties at low altitudes and during all hours of the day. Future airport expansion including runway extensions may impact the size and number of aircraft utilizing the airport. Developments near the airport should assume that at any given time there will be some impact from air traffic.” 6) 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. 7) Only City and other utilities with franchise agreements are allowed in the public right-of-way. 8) Any and all overhead power is required to be re-routed below ground, unless the applicant can demonstrate that such undergrounding is technically or financially unfeasible. 9) 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 the City of Pasco written support/approval of the proposed development from all outside utilities, public and private. 10) All fee payments for bonding of Right-Of-Way improvements and Water Rights must be paid at or before the time of final plat being submitted for signatures. 11) Street lighting will be required per City standards. 12) All stormwater is required to be maintained and treated on site in accordance with Washington State Department of Ecology and City of Pasco Standards. 13) All utilities to be extended to-and-through the property being developed. 14) The final plat shall detail existing conditions, such as the names of neighboring subdivisions and property lines of all adjacent properties. 15) 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 corner lots.” 16) The face of the final plat shall include this statement: “The developer shall install a common “Estate” type fence/wall six feet in height along Burns Road as part of the infrastructure improvements associated with the plat. The fence/wall must be constructed of masonry block. Fence design and material must be approved by the Community and Economic Development Director. An approved vision triangle at the intersection of streets will be required. Following construction of the masonry fence/wall, the City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep of the fence/wall.” 17) The developer/builder shall pay the City a “Common Area Maintenance Fee” of $475 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the Page 281 of 330 7 maintenance of arterial boulevard strips. The City shall not accept maintenance responsibility for the landscaping abutting said street until such time as all fees are collected for each phase that abut said streets. 18) In accordance with PMC 3.50.070, relating to park impact fee reductions, the development shall be credited a 39.55% reduction in park impact fees for the construction of the private park and MUPs. This reduction shall apply at fee assessment during the building permit process. 19) Traffic, Park, and School impact fees will be collected for each lot prior to building permits being issued for new residences. Credits and reductions to the Traffic and Park impact fees will be provided when and where appropriate in accordance with PMC 3.40.090 and PMC 3.50.070. RECOMMENDATION Staff recommends approval of the Madison Park North Preliminary Plat located on Parcel # 114-250-018, Pasco, WA with conditions per above. Page 282 of 330 Pa g e 2 8 3 o f 3 3 0 Pa g e 2 8 4 o f 3 3 0 Pa g e 2 8 5 o f 3 3 0 Pa g e 2 8 6 o f 3 3 0 Pa g e 2 8 7 o f 3 3 0 Pa g e 2 8 8 o f 3 3 0 The picture can't be displayed. Looking North Pa g e 2 8 9 o f 3 3 0 The picture can't be displayed. Looking Northeast Pa g e 2 9 0 o f 3 3 0 The picture can't be displayed. Looking East Pa g e 2 9 1 o f 3 3 0 The picture can't be displayed. Looking Southeast Pa g e 2 9 2 o f 3 3 0 The picture can't be displayed. Looking South Pa g e 2 9 3 o f 3 3 0 The picture can't be displayed. Looking Southwest Pa g e 2 9 4 o f 3 3 0 The picture can't be displayed. Looking West Pa g e 2 9 5 o f 3 3 0 The picture can't be displayed. Looking Northwest Pa g e 2 9 6 o f 3 3 0 NO R T H RE V I S I O N PROJECT #: DESIGNED BY: CHECKED BY: DA T E # BY -1 2 3 4 OR I G I N A L S U B M I T T A L RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C O O R D I N A T I O N W I T H C I T Y O F P A S C O - PA R K T O B E P R I V A T E I F P R O V I D E D 3- 0 1 - 2 3 2- 2 6 - 2 4 4- 1 - 2 4 6- 7 - 2 4 7- 8 - 2 4 GR G GR G GR G GR G GR G CI T Y O F P A S C O , W A S H I N G T O N EN G I N E E R I N G D I V I S I O N SE C O N D F L O O R 52 5 N . T H I R D A V E . PA S C O , W A 9 9 3 0 1 Located in Section 2, Township 9 North, Range 29 East, W.M., Franklin County, Washington 48 HOURS NOTICE REQUIRED Know what's below. before you dig.Call R Pa g e 2 9 7 o f 3 3 0 NO R T H RE V I S I O N PROJECT #: DESIGNED BY: CHECKED BY: DA T E # BY CI T Y O F P A S C O , W A S H I N G T O N EN G I N E E R I N G D I V I S I O N SE C O N D F L O O R 52 5 N . T H I R D A V E . PA S C O , W A 9 9 3 0 1 Located in Section 2, Township 9 North, Range 29 East, W.M., Franklin County, Washington 40' 50 ' -1 2 3 4 OR I G I N A L S U B M I T T A L RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C O O R D I N A T I O N W I T H C I T Y O F P A S C O - PA R K T O B E P R I V A T E I F P R O V I D E D 3- 0 1 - 2 3 2- 2 6 - 2 4 4- 1 - 2 4 6- 7 - 2 4 7- 8 - 2 4 GR G GR G GR G GR G GR G Pa g e 2 9 8 o f 3 3 0 NO R T H RE V I S I O N PROJECT #: DESIGNED BY: CHECKED BY: DA T E # BY CI T Y O F P A S C O , W A S H I N G T O N EN G I N E E R I N G D I V I S I O N SE C O N D F L O O R 52 5 N . T H I R D A V E . PA S C O , W A 9 9 3 0 1 Located in Section 2, Township 9 North, Range 29 East, W.M., Franklin County, Washington 50 ' -1 2 3 4 OR I G I N A L S U B M I T T A L RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C O O R D I N A T I O N W I T H C I T Y O F P A S C O - PA R K T O B E P R I V A T E I F P R O V I D E D 3- 0 1 - 2 3 2- 2 6 - 2 4 4- 1 - 2 4 6- 7 - 2 4 7- 8 - 2 4 GR G GR G GR G GR G GR G Pa g e 2 9 9 o f 3 3 0 NO R T H RE V I S I O N PROJECT #: DESIGNED BY: CHECKED BY: DA T E # BY CI T Y O F P A S C O , W A S H I N G T O N EN G I N E E R I N G D I V I S I O N SE C O N D F L O O R 52 5 N . T H I R D A V E . PA S C O , W A 9 9 3 0 1 Located in Section 2, Township 9 North, Range 29 East, W.M., Franklin County, Washington -1 2 3 4 OR I G I N A L S U B M I T T A L RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C O O R D I N A T I O N W I T H C I T Y O F P A S C O - PA R K T O B E P R I V A T E I F P R O V I D E D 3- 0 1 - 2 3 2- 2 6 - 2 4 4- 1 - 2 4 6- 7 - 2 4 7- 8 - 2 4 GR G GR G GR G GR G GR G Pa g e 3 0 0 o f 3 3 0 NO R T H RE V I S I O N PROJECT #: DESIGNED BY: CHECKED BY: DA T E # BY CI T Y O F P A S C O , W A S H I N G T O N EN G I N E E R I N G D I V I S I O N SE C O N D F L O O R 52 5 N . T H I R D A V E . PA S C O , W A 9 9 3 0 1 Located in Section 2, Township 9 North, Range 29 East, W.M., Franklin County, Washington -1 2 3 4 OR I G I N A L S U B M I T T A L RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C O O R D I N A T I O N W I T H C I T Y O F P A S C O - PA R K T O B E P R I V A T E I F P R O V I D E D 3- 0 1 - 2 3 2- 2 6 - 2 4 4- 1 - 2 4 6- 7 - 2 4 7- 8 - 2 4 GR G GR G GR G GR G GR G Pa g e 3 0 1 o f 3 3 0 NO R T H RE V I S I O N PROJECT #: DESIGNED BY: CHECKED BY: DA T E # BY CI T Y O F P A S C O , W A S H I N G T O N EN G I N E E R I N G D I V I S I O N SE C O N D F L O O R 52 5 N . T H I R D A V E . PA S C O , W A 9 9 3 0 1 Located in Section 2, Township 9 North, Range 29 East, W.M., Franklin County, Washington -1 2 3 4 OR I G I N A L S U B M I T T A L RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C O O R D I N A T I O N W I T H C I T Y O F P A S C O - PA R K T O B E P R I V A T E I F P R O V I D E D 3- 0 1 - 2 3 2- 2 6 - 2 4 4- 1 - 2 4 6- 7 - 2 4 7- 8 - 2 4 GR G GR G GR G GR G GR G Pa g e 3 0 2 o f 3 3 0 RE V I S I O N PROJECT #: DESIGNED BY: CHECKED BY: DA T E # BY CI T Y O F P A S C O , W A S H I N G T O N EN G I N E E R I N G D I V I S I O N SE C O N D F L O O R 52 5 N . T H I R D A V E . PA S C O , W A 9 9 3 0 1 Located in Section 2, Township 9 North, Range 29 East, W.M., Franklin County, Washington -1 2 3 4 OR I G I N A L S U B M I T T A L RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C O O R D I N A T I O N W I T H C I T Y O F P A S C O - PA R K T O B E P R I V A T E I F P R O V I D E D 3- 0 1 - 2 3 2- 2 6 - 2 4 4- 1 - 2 4 6- 7 - 2 4 7- 8 - 2 4 GR G GR G GR G GR G GR G Pa g e 3 0 3 o f 3 3 0 SYMBOL DESCRIPTION QTY SIDEWALKS AND PAVEMENT 18,258 SF ENGINEERED WOOD FIBER SAFETY SURFACING 1,809 SF HYDROSEEDED LAWN 69,862 SF POURED IN PLACE SAFETY SURFACE 1,859 SF REFERENCE NOTES SCHEDULE SEWER EASEMENT LIMITS OF PROPOSED PARK KAU T R A I L R O A D 48"72"72" NO EQU I P M E N T 36" 48" PLAY AREA - POURED IN PLACE SURFACING UNDER PLAY EQUIPMENT WITH ENGINEERED WOOD FIBER MULCH AT PERIMETER. (1) SMALL 2-5 PLAY STRUCTURE (1) SMALL 5-12 PLAY STRUCTURE (1) SINGLE BAY SWING SET SPORTS COURTS - (1) BASKETBALL COURT ON ASPHALT OR CONCRETE PAD (1) PICKLBALL COURT WITH SURFACING OVER CONCRETE PAD CONCRETE OR ASPHALT SIDEWALKS/PATHS TREES - 2" CALIPER OR SIMILAR, APPROXIMATELY 40. VARIETIES T.B.D. HYDROSEEDED LAWN GRASS, TYPICAL. FENCE LINE FENCE LINE SITE AMENITIES - (2) PICNIC TABLES (2) TRASH RECEPTACLES (2 BENCHES, LOCATION T.B.D. 16'x16' SHADE STRUCTURE UNDEVELOPED TRACT RE V I S I O N PROJECT #: DESIGNED BY: CHECKED BY: DA T E # BY CI T Y O F P A S C O , W A S H I N G T O N EN G I N E E R I N G D I V I S I O N SE C O N D F L O O R 52 5 N . T H I R D A V E . PA S C O , W A 9 9 3 0 1 -1 2 3 4 OR I G I N A L S U B M I T T A L RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C I T Y O F P A S C O C O M M E N T S RE V I S E D P E R C O O R D I N A T I O N W I T H C I T Y O F P A S C O - PA R K T O B E P R I V A T E I F P R O V I D E D 3- 0 1 - 2 3 2- 2 6 - 2 4 4- 1 - 2 4 6- 7 - 2 4 7- 8 - 2 4 GR G GR G GR G GR G GR G SCALE:AS SHOWN NORTH R 0 SCALE:1" = 30'-0" 30'60' NOTES: 1.THIS PARK WILL BE ADA COMPLIANT. 2.IMPROVEMENTS WILL BE OF SIMILAR COMPOSITION AND QUALITY TO THOSE RECENTLY INSTALLED BY THE CITY AS PART OF THEIR PALOMINO PARK PROJECT. 3.THE CITY'S CAPITAL FACILITIES PLAN FOR PARKS ( PARKS, RECREATION, & OPEN SPACE MASTER PLAN) AND THE CITY'S COMPREHENSIVE PLAN FORECAST THE NEED FOR PARK INFRASTRUCTURE IN UNDEVELOPED AREAS BY ESTABLISHING LEVEL OF SERVICE CRITERIA. THE PROPOSED PARK, IF REQUIRED AS A CONDITION OF APPROVAL OF THIS PRELIMINARY PLAT, WILL BE CONSTRUCTED AND OPERATED AS A PRIVATELY OWNED PUBLIC OPEN SPACE, PROVIDING PARK FACILITIES TO PASCO RESIDENTS BOTH INSIDE AND OUTSIDE THE EXTENTS OF THE PROPOSED DEVELOPMENT. THIS PARK WOULD MEET THE CITY'S NEED FOR ADDITIONAL PUBLIC PARK FACILITIES AS IDENTIFIED IN THE CITY'S CAPITAL FACILITIES PLAN FOR PARKS AND WOULD BENEFIT CITY RESIDENTS BOTH INSIDE AND OUTSIDE THE PROPOSED DEVELOPMENT. IF CONSTRUCTION OF THIS PARK IS REQUIRED BY THE CITY AS A CONDITION OF APPROVAL FOR THIS PRELIMINARY PLAT. ·THE PARK WILL BE OWNED AND OPERATED BY A HOMEOWNERS ASSOCIATION. ·THE DEVELOPER WILL CONSTRUCT THE SHOWN PARK AND MAKE IT AVAILABLE FOR PUBLIC USE. ·THE PARK WILL INCLUDE THE NEIGHBORHOOD PARK FEATURES IDENTIFIED IN PMC 3.50.060 ( LAWN, AN IRRIGATION SYSTEM, PATHWAYS, TREES, PLAYGROUND EQUIPMENT, BALL COURTS AND SUN SHELTERS). 4.IF REQUIRED AS A CONDITION OF APPROVAL FOR THIS PRELIMINARY PLAT, THE SHOWN PARK WILL BE CONSTRUCTED. IF NOT REQUIRED AS A CONDITION OF APPROVAL FOR THE THIS PRELIMINARY PLAT, THE SHOWN PARK WILL NOT BE CONSTRUCTED, AND INSTEAD LOTS 450, 451, 452 WILL BE INCLUDED IN THE APPROVAL ALONG WITH THE UNDEVELOPED TRACT IN THE SOUTHWEST CORNER OF THE SITE. . WILL BE INCLUDED IN THE APPROVAL ALONG WITH THE Pa g e 3 0 4 o f 3 3 0 ityof Community & Economic Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO PRELIMINARY PLAT APPLICATION Master File # Date Submitted: t/-7-2--3------ Applicant Info Owner Info (if different than applicant) Name: Name: Farm 2005, LLC Dave Swisher Address: 250 NW Franklin, Suite 402 Address: 26 99 N Road 6 8 Bend, OR 97701 Pasco, WA 9930 1 Phone: Phone: (541 )78 8-8971 Email: Email: dave@daveswisher.com westent1@hotmail.com Project Address:_N_E_c _o_rn_e_r _o_f_B_u _rn_s_R _o _ad_&_R_o_a_d_5 _2 __ Project Parcel Number: __ 11_4_2�5_0 _0_1 _8 ______ _ Current Zoning: R,-1, Low Density Residential Gross square footage of property: 5,7721520.79 Number of lots proposed: _4--=-6=0=------------- Source of domestic water:_..,.C....,it,.y_,,o..,_f..._P .... a ... s""'co ______ _ Method of sewage disposa I: ---=C=it=-1-y ...... o..._f..,_P-=a=s=co=--------- Development var iations (density increase, planned density development, planned unit development, etc.): Planned Density Development Description of proposal: Subdivide approximately 132.5 acres of land into 460 residential lots using the Planned Density Development standards in an R-1 zone. Updated May 2021 Page 5 of 6 Page 305 of 330 Access to proposed plat (existing or proposed): Access to the proposed plat will be provided by Burns Road on the south, Road 52 on the west, Deseret Drive on the north, and Road 44 on the east. NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant's property. Application fee Per Lot Fee Environmental Checklist Radius Notification TOTAL □Preliminary Plat (physical & electronic) □SEPA checklist Applicant Signature Page 6 of 6 $ 700.00 $ 30.00 per lot ($950.00 max) $ 75.00 $ 50.00 $ □Fee □Title Report Date Page 306 of 330 '11 PifSco Community & Economic Development Department PO Box 293, 525 N 3'd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO PRELIMINARY PLAT APPLICATION PURPOSE: The purpose of a preliminary plat is to provide the owner(s) of property wishing to divide their property into two or more lots and the City an opportunity to review the overall concept prior to initial development. The intent of the preliminary plat process is to promote orderly and efficient community growth within the requirements of RCW 58.17.035. 1.Prior to the filing of an application for approval of a preliminary plat, it is suggested that the subdivider, or his/her agent, contact the Planning Department to discuss the requirement for the preliminary plat. REQUIREMENTS: 1.Title report current within thirty (30) days 2.Application fee (see below) 3.Electronic copy of plat and adjacent properties, as defined below, in AutoCAD format for importation into the City's Geographic Information System (GIS) 4.A completed SEPA checklist 5.An accepted traffic impact analysis (TIA) may be required per the Pasco Design and Construction Standards. 6.Four (4) hard copies of a professionally drawn Preliminary Plat map in ANSi D size {22x34 inches) Clearly showing: a.General information. The following general information shall appear on each sheet of a preliminary plat: i.Proposed name of the subdivision along with the words "Preliminary Plat." Names shall not be deceptively similar to names of existing subdivisions; ii.Name and address of the applicant/ developer and owner; iii.Name and address of the professional engineer or surveyor who prepared the preliminary plat; iv.Numeric scale, graphic scale, true north point and date of preparation; v.Location of boundary lines in relation to section, quarter-section or quarter quarter section lines and any adjacent corporate boundaries; vi.A vicinity map sufficient to define the location and boundaries of the proposed subdivision with respect to surrounding property, streets and other major man-made and natural features shall appear on the preliminary plat. b.Existing conditions. Information on existing conditions shall appear on preliminary plats as follows: Updated May 2021 Page 1 of 6 Page 307 of 330 i.Right-of Way and Parcel lines of completed and current preliminary adjacent subdivisions and/or properties within½ mile; ii.Existing Topographic features, including all utilities and contours at 5 foot intervals; iii.Location, width and name of each existing or platted street or other right-of way, parks and other public open spaces, and permanent buildings, within the proposed subdivision; iv.The location, widths and purposes of any existing easements lying within or adjacent to the proposed subdivision as described in item 'I' above; v. The location of any well within the proposed subdivision or withi n one hundred (100) feet of the boundaries of the proposed subdivision. c.Proposed Development. Preliminary plats shall contain the following information about proposed developments: i.Location and width of proposed streets, alleys, pedestrian ways and easements; ii.Indication of any portion or portions of the preliminary plat for which separate or successive final plats will be filed; iii.Layout, numbers and approximate dimensions of lots and numbers of blocks; iv.Location and size of all proposed parks, playgrounds, church sites, or other special uses of land considered for dedication, or reservation by deed of covenant for special use or for use of all property owners in the subdivision and any conditions of such dedication or reservation; v.Indication of proposed land use; vi.P:.roposed contours, as necessary, to clearly depict future improvements; vii.Two copies of proposed street grades may be required by the City Engineer where conditions warrant their being furnished. viii.For proposed subdivisions involving residential land uses, a Table shall be provided on the preliminary plat containing the following information: 1.Total area of proposed plat in acres; 2.Number of lots and square footage of each lot; 3.Minimum lot size; 4.Maximum lot size; 5.Average lot size; 6.Number of lots per phase; and 7.Total area of proposed rights-of-way per phase. ix.Preliminary layout of water, storm drainage and sanitary sewer systems. PUBLIC HEARING: Upon receipt of a fully completed, and accepted, application for preliminary plat approval, a date shall be set for an open record hearing before the Hearing Examiner. 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: Page 2 of 6 Page 308 of 330 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; 2.The proposed subdivision contributes to the orderly development and land use patterns in the area; 3.The proposed subdivision conforms to the policies, maps and narrative text of 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; 5.The proposed subdivision conforms to the general purposes of this Title; 6.The public use and interest will be served by approval of the proposed subdivision. NOTICE OF DECISION: Following adoption of a resolution approving or denying a preliminary plat, the applicant shall be notified of the Hearing Examiner's action. The notice shall inform the applicant of applicable time limitations for final plat submittal if the preliminary plat was approved. The approved preliminary plat does not constitute an acceptance of the subdivision, but is deemed to be an authorization to proceed with preparation of the final plat. ADJUSTMENTS: 1.Minor Adjustments. Minor adjustments may be made and approved by the City Planner. Minor adjustments are those which may affect the precise dimensions of the plat but which do not affect the basic character or arrangement of the lots and streets. The adjustments cannot be inconsistent with the requirements of the preliminary plat approval. The adjustments cannot cause the subdivision to be in violation of this title, the zoning ordinance, any other applicable City land use controls, Chapter 58.17 RCW, or any other applicable state law or regulation. 2.Major Adjustments. Major adjustments are those, when determined by the City Planner, that substantially change the basic design, layout, open space or other requirements of the plat. When the City Planner determines a change constitutes a major adjustment, a new application for a preliminary plat is required and shall be processed as a new and separate application. 3.Time Limitations. A preliminary plat shall be valid for a five-year period following Hearing Examiner approval of the preliminary plat. LARGE DEVELOPMENTS: In order to discourage premature subdivision and unfeasible improvements of streets, the following procedure is provided for: 1.When a developer or group of developers have in their control an area of land which they wish to plat, but of such a large size that the sale of a majority of the lots in the area would take more than a year, they may cause to be prepared a preliminary plat for the entire area of development; 2.On such preliminary plat, development divisions may be designated; 3.Upon approval of the preliminary plat, the developer may cause to be prepared a final plat for one or more development divisions, provided the order of development allows for the Page 3 of 6 Page 309 of 330 provision of utilities and streets with proper alignment with existing and future utilities and streets; 4.Each development division shall be considered as a final plat and provisions of these regulations shall be complied with for such development division. Additional Considerations: Due to the potential changes resulting from the Transportation Impact Analysis {TIA}, plans depicting civil improvements within the plat shall not be submitted for review until the TIA, for the entire preliminary plat, is completed and accepted by the City Engineer. Page4of6 Page 310 of 330 Page 311 of 330 Page 312 of 330 Page 313 of 330 Page 314 of 330 601 Union Street | Suite 3525 | Seattle, WA 98101 | (206) 576-4220 | Fax (206) 576-4225 www.fehrandpeers.com Burns Road Development Concurrency Review - Draft Four adjacent developments (Glacier Park 1, Pasco High School #3, Raven Place, and Madison Park North) are proposed along the north side of Burns Road, east of Convention Drive in Pasco, WA. This area of Pasco is currently farmland and lacking the transportation infrastructure necessary for the proposed developments. This concurrency and proportionate share review summarizes the improvements to the transportation system that would be necessary to accommodate orderly development and establishes a methodology for assigning and calculating the proportionate share contributions from each development proposal. Mitigations To identify a list of potential mitigations, Fehr & Peers reviewed the individual project Transportation Impact Analyses (TIAs) submitted for each of the development proposals and compiled all mitigations mentioned over the four TIAs. The mitigations identified from this review are listed below with references to City planning documents 1 where relevant: 1. Burns Road Extension (TSMP EXP6, TIP 5.02) - Extend Burns Road as a three-lane minor arterial, from Road 68 to Rio Grande Lane 2. Burns Road & Road 68 Intersection (TSMP EXP6, TIP 5.02) - Convert intersection from side street stop control to signalized 3. Burns Road & Road 60 Intersection (not in planning documents) - Convert intersection from side street stop control to signalized 4. Sandifur Parkway & Convention Drive Intersection (TSMP INT2, TIP 5.15) - Convert intersection from side street stop control to signalized 5. Sandifur Parkway & Road 60 Intersection (not in planning documents) - Convert intersection from all way stop control to signalized. Restripe to provide dedicated southbound right and eastbound left lanes. 6. Sandifur Parkway & Road 52 Intersection (not in planning documents) - Restripe to provide dedicated northbound left and southbound left lanes. 1TSMP = Transportation System Master Plan (City of Pasco, 2022) 1TIP = Transportation Improvement Program (City of Pasco, 2023) Page 315 of 330 City of Pasco July 3, 2024 Page 2 of 11 7. Burden Boulevard & Road 68 Intersection / Road 76 Overpass (TSMP INT 3 & EXT 2, TIP 5.08) - Contribute to the Road 76 Overpass as a mitigation for impacts to Burden Blvd & Road 68 intersection. It was determined that mitigations 5 and 6 would not be necessary if mitigations 1 and 2 are completed, which would be more consistent with the long-term transportation plan of the area. Figure 1 shows the location of these mitigations and identifies each mitigation as a Regional Project, Development Specific Project, or a Development Specific Project that is likely unnecessary. Figure 1: Transportation System Mitigations Identified in Developer Submitted TIAs Source: Fehr & Peers, 2024. Trip Generation To understand the relative traffic impacts of each project, trip generation was calculated based on project descriptions provided in the individually submitted project TIAs or from updated project information provided by development representatives at the Burns Road Developments Page 316 of 330 City of Pasco July 3, 2024 Page 3 of 11 Concurrency Update Meeting on May 22, 2024. The following land use quantities were used for this analysis: Raven Place – 699 Single Family Detached Homes Glacier Park Phase 1 – 189 Single Family Detached Homes, 122 Single Family Attached Homes Pasco High School 3 – 2000 Student High School, 140 Employees Madison Park North – 460 Single Family Detached Homes To provide a consistent basis for comparison, trip generation for each project was calculated using trip generation rates detailed in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition. Average trip generation rates were applied among the four development projects. Table 1 summarizes the trip generation estimated for each project. Residential projects have trip generation peaks that align with the AM and PM peak hours of the overall transportation system. By contrast, high schools have an AM peak hour that aligns with the AM peak hour of the overall transportation system but an afternoon peak hour that occurs before the PM peak hour of the overall transportation system. To fairly assess how these distinct development types stress Pasco’s transportation system during the busiest time of the day, the combined AM and PM peak hour trips were used to compare these two different project types. ITE Land Use Codes Used for Calculation 210 Single-Family Detached Housing 215 Single-Family Attached Housing 525 High School Table 1: Project Trip Generation Development Trips Daily AM Peak PM Peak AM+PM AM+PM % Raven Place 6,592 489 657 1,146 31% Glacier Park Phase 1 2,660 191 248 439 12% Pasco High School 3 3,880 1,040 280 1,320 36% Madison Park North 4,338 322 432 754 21% TOTAL: 17,470 2,042 1,617 3,659 100% Source: Fehr & Peers, 2024. Page 317 of 330 City of Pasco July 3, 2024 Page 4 of 11 Trip Distributions Once trip generation has been established, the next step is to understand where project trips go, otherwise known as trip distribution. To the extent possible, project trip distribution information was taken directly from the individual project TIAs. However, project trip distributions were adjusted to account for the Burns Road extension from Road 68 to Rio Grande Lane and to not assume additional road network expansions and improvements such as the extension and improvement of Road 52 and Road 44 to Clark Road and to establish more consistency of distribution assumptions between developments. The TIAs for Glacier Park Phase 1 and Pasco High School 3 were consistent with these assumptions and the trip distributions for these projects were used as described. The Raven Place TIA did not include the extension of Burns Road from Road 68 to Rio Grande Lane and the Madison Park North TIA included additional road network expansions and higher proportions of trips heading north than the other residential developments. The trip distributions of these projects were adjusted based off similar developments, a review of results from the BFCOG 2025 Travel Demand Mode, and engineering judgement. Proportionate Share The following section describes findings for the proportionate share evaluation of each development proposal for the mitigations described above and shown in Figure 1. Mitigation 1- Burns Road Extension Mitigation 1 is to extend Burns Road as a three-lane minor arterial from Road 68 to Rio Grande Lane. It is estimated that 60% of the total trips from Raven Place, Glacier Park Phase 1, and Madison Park North and 23% of the total trips from Pasco High School 3 would use this new road segment.2 Table 2 calculates the proportionate share of the total development contribution of project trips from each development based on the combined AM and PM peak trips. Table 2: Proportional Share of Mitigation 1 Among the Four Developments Development Trips AM PM AM+PM % Share Raven Place 293 394 688 40% Glacier Park Phase 1 115 149 263 15% Pasco High School 3 240 65 305 18% Madison Park North 193 259 452 26% 2 The BFCOG 2025 Travel Demand Model supports this distribution as it estimates 50% of the trips generated by the combined four developments would utilize the extension of Burns Road. Page 318 of 330 City of Pasco July 3, 2024 Page 5 of 11 TOTAL: 841 867 1,708 100% The BFCOG 2025 Travel Demand Model estimated that 85% of the trips on Burns Road would be generated from the four developments. It was requested to analyze the effect of future development on the Burns Road Extension. A sensitivity analysis was completed for an expanded area of future development north and south of Burns Road. Future dwelling units and employees were estimated based off on existing Pasco Zoning and Land Use information to approximate the impact of future development on the transportation system. The parcels included in this expanded area north of Burns Road are 115010032, 114330031, 115130046, 115130055, 114330051, 114330059 with a total area of about 457 acres. It was estimated that this area north of Burns Road could produce 1,374 dwelling units and 266 employees. Future parcels included in this expanded area south of Burns Road are 116030024, 116030025, 116030026 and a portion of 116030035 with a total area of about 48 acres. It was estimated that this area south of Burns Road could produce 366 dwelling units and 101 employees. Figure 2 shows the area included in this analysis. These future development assumptions were imported into the BFCOG 2025 Travel Demand Model to estimate the impact and travel patterns of future development on the extension of Burns Road. When the expanded future development area was included, the BFCOG 2025 Travel Demand Model estimates 35% of the trips generated by the four developments would utilize the extension of Burns Road and 70% of the trips on Burns Road would be from the four developments, 20% of the trips on Burns Road would be from the expanded future development area, and 10% would be from existing development. If trips from existing development are excluded, then 78% of the trips on Burns Road would be from the four developments and 22% of the trips on Burns Road would be from the expanded future development area. From the various analysis scenarios studied the four developments could be responsible for contributing between 70-100% of the costs for the extension of Mitigation 1 - Burns Road Extension. Table 3 shows the proportionate share between individual developments for various scenarios. Page 319 of 330 City of Pasco July 3, 2024 Page 6 of 11 Figure 2: Sensitivity Analysis Expanded Area of Future Development Table 3: Proportionate share of Mitigation 1 for different total development contributions Development Total Development Contribution 100% 78% 70% Raven Place 40% 31% 28% Glacier Park Phase 1 15% 12% 11% Pasco HS 3 18% 14% 12% Madison Park North 26% 21% 19% Other 0% 22% 30% 78% Total Contribution accounts for the estimated proportion of expanded future development using Burns Road only. 70% Total Contribution accounts for the estimated proportion of expanded future development and existing development using Burns Road. Source: Fehr & Peers, 2024. Page 320 of 330 City of Pasco July 3, 2024 Page 7 of 11 Mitigation 2 – Burns Road & Road 68 Intersection Mitigation 2 is converting the intersection of Burns Road & Road 68 from side street stop control to signalized. The submitted TIAs identified that this intersection meets operation standards today. The need to signalize this intersection is driven by the trips generated from the four developments that would use this intersection. The number of trips that would use this intersection would be the same as those estimated for Mitigation 1. Table 4 shows the calculated proportionate share of the total development contribution of project trips from each development based on the combined AM and PM peak trips. Table 4: Proportionate share of Mitigation 2 Among the Four Developments Development Trips AM PM AM+PM % Share Raven Place 293 394 688 40% Glacier Park Phase 1 115 149 263 15% Pasco High School 3 240 65 305 18% Madison Park North 193 259 452 26% TOTAL: 841 867 1,708 100% Source: Fehr & Peers, 2024. Although Mitigation 2 is necessary because of the four developments, it is recognized that this intersection will serve existing trips and trips from future developments. There is similar development potential near this intersection on either side of Road 68, therefore the four developments could be responsible for contributing between 50-100% of the costs of Mitigation 2 – Burns Road and Road 68 Intersection. Table 5 shows the proportionate share of individual developments for 100%, 75%, and 50% total contribution from the four developments. Table 5: Proportionate share of Mitigation 2 for different total development contributions Development Total Development Contribution 100% 75% 50% Raven Place 40% 30% 20% Glacier Park - Phase 1 15% 12% 8% Pasco High School 3 18% 13% 9% Madison Park North 26% 20% 13% Other 0% 25% 50% Source: Fehr & Peers, 2024. Page 321 of 330 City of Pasco July 3, 2024 Page 8 of 11 Mitigation 3 – Burns Road & Road 60 Intersection Mitigation 3 is converting the intersection of Burns Road & Road 60 from side street stop control to signalized. The submitted TIAs identified that this intersection meets operation standards today. The need for this mitigation is only necessary because of the four project developments and therefore should be fully funded by the four project developments. Raven Place and Madison Park North are located east of this intersection and 80% of their total project trips are estimated to use the intersection. Glacier Park Phase 1 is located west of this intersection and 5% of its project trips are estimated to use the intersection. The High School is located east of this intersection and 70% of its project trips are estimated to use the intersection. Table 6 shows the calculated proportionate share of project trips from each development based on the combined AM and PM peak trips. Table 6: Proportionate share of Mitigation 3 Development Trips AM PM AM+PM % Share Raven Place 391 526 917 37% Glacier Park Phase 1 10 12 22 1% Pasco High School 3 729 188 917 37% Madison Park North 258 346 603 25% TOTAL: 1,387 1,072 2,459 100% Source: Fehr & Peers, 2024. Mitigation 4 – Sandifur Parkway & Convention Drive Intersection Mitigation 4 is converting the intersection of Sandifur Parkway & Convention Drive from side street stop control to signalized. The Raven Place TIA indicated that the operation of this intersection does not meet the operating standards for two way stop control intersection in current conditions. However, it was determined that the existing volume could be mitigated by either adding a dedicated left lane to the northbound and southbound approaches or converting the intersection to all way stop control. These improvements are not sufficient to mitigate the added project trips from the four developments. Therefore, the need to signalize this intersection is only necessary because of the four project developments and could be fully funded by the four project developments. It is estimated that 20% of the total trips from Raven Place, Glacier Park Phase 1, and Madison Park North and 16% of the total trips from Pasco High School 3 use this intersection. Table 7 shows the calculated proportionate share of project trips from each development based on the combined AM and PM peak trips. Page 322 of 330 City of Pasco July 3, 2024 Page 9 of 11 Table 7: Proportionate share of Mitigation 4 Development Trips AM PM AM+PM % Share Raven Place 98 131 229 34% Glacier Park - Phase 1 38 50 88 13% Pasco High School 3 166 45 211 31% Madison Park North 64 86 151 22% TOTAL: 366 312 679 100% Source: Fehr & Peers, 2024. It was requested to analyze the effect of future development on this intersection. A sensitivity analysis was completed that included the area of future development between Road 68 and Convention Drive and between Sandifur Parkway and Wrigley Drive. Future dwelling units and employees were estimated based off on existing Pasco Zoning and Land Use information to approximate the impact of future development on the transportation system. The parcels included in this analysis are 116130030 and the portion of parcel 116130028 north of Wrigley Drive with a total area of about 35 acres. It was estimated that this area could produce 202 dwelling units and 100 employees. Trip generation from this future development area was calculated using trip generation rates detailed in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition using Land Use Codes 210 Single-Family Detached Housing and 821 Shopping Plaza (40-150k). Trip distribution was estimated to assume 20% of residential trips and 25% of commercial trips would use the intersection of Sandifur Parkway and Convention Drive. Table 8 shows the calculated proportionate share of project trips from each development based on the combined AM and PM peak trips when considering future development. From the various analysis scenarios studied the four developments could be responsible for contributing between 74- 100% of the costs of Mitigation 4 – Sandifur Parkway and Convention Drive Intersection Extension. Page 323 of 330 City of Pasco July 3, 2024 Page 10 of 11 Table 8: Proportionate Share of Mitigation 4 when considering future development Development Trips AM PM AM+PM % Share Raven Place 98 131 229 25% Glacier Park Phase 1 38 50 88 10% Pasco High School 3 166 45 211 23% Madison Park North 64 86 151 16% Other 71 168 239 26% TOTAL: 437 480 918 100% Source: Fehr & Peers, 2024. Mitigation 7 – Burden Boulevard & Road 68 Intersection / Road 76 Overpass Mitigation 7 is to contribute to the Road 76 Overpass project as a mitigation of the impacts to the Burden Blvd & Road 68 Intersection. It is estimated that 40% of the total trips from Raven Place, Glacier Park Phase 1, and Madison Park North and 5% of the total trips from Pasco High School 3 use the intersection on Burden Boulevard & Road 68. Table 8 shows the calculated proportionate share of the total development contribution of project trips from each development based on the combined AM and PM peak trips. The BFCOG 2025 Travel Demand Model estimates 5% share of trips on the Road 76 Overpass to be from the four developments and the proportion of trips form of the four developments utilizing the intersection of Burden Boulevard & Road 68 is 12%. Based on this analysis, the four developments could be responsible for contributing between 5%- 12% of the costs of Mitigation 7. Table 9 shows the proportionate share of individual developments for 5% and 12% total contribution from the four developments. Table 9: Proportionate Share of Mitigation 7 Among the Four Developments Development Trips AM PM AM+PM % Share Raven Place 196 263 458 46% Glacier Park - Phase 1 76 99 176 18% Pasco High School 3 52 14 66 7% Madison Park North 129 173 302 30% TOTAL: 453 549 1,002 100% Source: Fehr & Peers, 2024. Page 324 of 330 City of Pasco July 3, 2024 Page 11 of 11 Table 10: Proportionate share of Mitigation 7 for different total development contributions Development Total Development Contribution 100% 5% 12% Raven Place 46% 2.3% 5.5% Glacier Park - Phase 1 18% 0.9% 2.1% Pasco HS 3 7% 0.3% 0.8% Madison Park North 30% 1.5% 3.6% Other 0% 95% 88% Source: Fehr & Peers, 2024. Page 325 of 330 Page 326 of 330 Affidavit of Mailing In regards to MF# PP2022 -007 I, Carmen Patrick, hereby confirm that notification was sent by mail July 2, 2024 to the owners of the parcels within 300 feet of the proposed site . The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification. Given under my hand and official signature this 2nd day, July of 2024 . RW!~a- Page 327 of 330 1 Cityof 111 Pasco Community Development De partment PO Box 293, 525 N 3 rd Ave, Pa sco , WA 99301 P: 509 .545 .3441 / F: 509.545.3499 CITY OF PASCO PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita mas informaci6n, par favor llame al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. Proposal: Dave Swisher has submitted a Preliminary Plat (PP 2022-007) for a 460 -l ot subdivision on approximately 129.09 acres located on Parcel 114-250-018. Said property is located on the northeast corner of the intersection of Burns Road and Road 52 , in Pasco, WA . The proposal is subject to regulations contained in the Pasco Municipal Code . Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m . on July 24, 2024, to be included in the Hearing Examiner packet . If you have questions on the proposal, contact the Planning Division at (509) 905-2604 or via e-mail to: hattoria@pasco-wa.gov . Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6:00 p.m. on July 24, 2024 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington . The Hearing Examiner will consider public testimony concerning the above application at this meeting. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Preliminary Plat within ten (10) days of the public hearing. Prepared 2 July 2024 by: Andrew Hattori, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 905 -2604 The City of Pasco welcomes full participation in public meetings by all citizens . No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings . If you wish to use auxiliary aids or require assistance to comment at this public meeting , please contact the Community Development Department at (509) 545-3441 or TDD (509 ) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs . Page 328 of 330 RCIC 11.-• JffQ!fOIIIIJ,l ~-- PAO.l!!C'l'IICMC>Ml' ~ E XS IJ)M. tt1<11tt ~-r --------C<l.lh L.T U.C: ;-..i..;ir:,. )7£' ......... uc --4 --;c,;. ,a:.,.1~ IJia ,a,_..,. u -..11111m 11tlo,r , Call """"•••••· ----=-.,., .. ......, lJTLJTil!S T-~ '-'1 I 1•11 ••"II: rE ~[ ,._ s lUN ,[ II L I 'Tl l" ff 1111 T -,,.J ---..I IT1 r' • 11"1 ,. • IT, r . IT', ,-• f -IU • • IE -T E T I u I ,r, ,. -m r . PRELIMINARY PLAT O F MADOONI PARK INORlH rMCO, WMHttGTON -,-- ' •S..191f"12.~DMdl_b,a 'lnic...i,, ........ , .. !\lllllf u • -~~•6-~_;r--1: -r T-r ~-~ j I I I ! OVERAU. 9l'T!! PLANI .Mll'OftTO\IEII.Jl,Y zotl! 4 IICMCtM.Y ~ cll\lUITt/ r f!l'.)Jl;Cr Jl<:MC>i\Y FIET IE -L llIJ l'Al)JEC>T IIOUONl1f IIM0.AI..A4 c • -,~ O~IDEVELOPER l::NaNEB'I -i'•·· I,. IE t C LI. -C I .C ,. P . IU . ,,. [ I II 1. -E -UJ E J E ~ IL.:. [ IE[ • I • VICltfT'{ MAP It-DEX OF CJRA WIIIQS 4tel'NO, t>EIIC!'l'Tloti ~ • ... .s .. 7 .. 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Pa g e 3 2 9 o f 3 3 0 '"\IVIC ADDRESS CITY STATE ZIP ::NNETH & TERESSA WILLIAMS 7109 N ROAD 44 PASCO WA 99301 )RGE & CLAUDIA TORRES 6526 EAGLE CREST DR PASCO WA 99301 IKKI E TORRES 5010 SINAI DR PASCO WA 99301 JASAR TORRES (ET AL) 222 W BONNEVILLE ST PASCO WA 99301 UMBERTO & ADELA CHAVEZ 4320 IVY RD PASCO WA 99301 \MES C & TRUDY CALDWELL 6970 N ROAD 42 PASCO WA 99301 :)NALD A & JANE E WATERS 6920 N ROAD 42 PASCO WA 99301 JAN MEDINA 621 MOORE RD PASCO WA 99301 JLIO MEDINA 4306 ROBERT A RD PASCO WA 99301 ;ARLES & CARAL YNE HARMON 6716 N ROAD 42 PASCO WA 99301 _LEN & CHERYL OLBERDING 5 LAVENDER CT PASCO WA 99301 3 LAND MANAGEMENT LLC 105609 E WISER PKWY KENNEWICK WA 99338 I\SCO SCHOOL DISTRICT NO . 1 1215 W LEWIS ST PASCO WA 99301 )RT OF PASCO PO BOX 769 PASCO WA 99301 I\GOBERTO VELASQUEZ (JR) 6303 SIDON LN PASCO WA 99301 !\TRICIA RUTH MADRIGAL 6307 SIDON LN PASCO WA 99301 LIVA GAETA GONZALEZ 6306 MELITA LN PASCO WA 99301 ARIA AREVALO GIL (ETUX) 6515 NOCKING POINT RD PASCO WA 99301 !\OLA GARCIA 6301 MELITA LN PASCO WA 99301 ~OMAS D & ASHLEY E REIF 6305 MELITA LN PASCO WA 99301 !\LIED FISK (ETAL) 4709 CORINITH DR PASCO WA 99301 ~NOON & BRIDGET BERGQUIST 4713 CORINTH DR PASCO WA 99301 ~ITTNEY N ALVARADO (ETUX) 4717 CORINTH DR PASCO WA 99301 JCIA LOZANO 4803 CORINTH DR PASCO WA 99301 JSSELL & SHANA BROWN 4807 CORINTH DR PASCO WA 99301 :ATRIZ BAEZA OCHOA 4811 CORINTH DR PASCO WA 99301 )HN STEPHON MARTINEZ 4815 CORINTH DR PASCO WA 99301 !\NIEL & TARA MARIE LACIC 4901 CORINTH DR PASCO WA 99301 :DRO COLADO FLORES 4814 CORINTH DR PASCO WA 99301 )SEPH R HEIDEGGER (ETUX-TR) 4909 ATHENS DR PASCO WA 99301 :RRY & CARRIE STEICHEN 4913 ATHENS DR PASCO WA 99301 NACIO REYES MATA (ETUX) 4917 ATHENS DR PASCO WA 99301 EBSTER & ASHLEY CAST AN EDA 4921 ATHENS DR PASCO WA 99301 :AN & JENNIFER LITTLE 4505 CORINTH DR PASCO WA 99301 I\ YDEN HOMES LLC 2464 SW GLACIER PL STE 110 REDMOND OR 97756 : PROPERTIES LLC 250 NW FRANKLIN AVE STE 401 BEND OR 97701 \ YDEN HOMES LLC 2464 SW GLACIER PL Redmond OR 97756 TY OF PASCO -ANDREW H PO BOX 293 PASCO WA 99301 Pa g e 3 3 0 o f 3 3 0