HomeMy WebLinkAboutPP 2022-007 Madison Park North decisionCITY OF PASCO LAND USE HEARING EXAMINER
In the Matter of.
MADISON PARK NORTH
PRELIMINARY PLAT
Tax Parcel No. 114-2500-016
File No. PP 2022-007
HEARING EXAMINER'S
FINDINGS OF FACT, CONCLUSIONS OF
LAW, DECISION AND CONDITIONS OF
APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on January
22, 2025, the Hearing Examiner having taken testimony and admitted exhibits and other evidence, hereby
submits the following Findings of Fact, Conclusions of Law, Decision and Conditions of Approval as
follows:
I. FINDINGS OF FACT
General Timeline:
1.1. April 11, 2023: Preliminary Plat Application, PP2022-007, and SEPA
Environmental Checklist, SEPA2023-032, Submitted.
1.2. April 14, 2023: Notice of Application with Optional SEPA Determination
of Non -significance Issued.
1.3. April 17, 2023: Application Deemed Complete; Public Comment
Received from the Confederated Tribes and Bands of the Yakima Nation.
1.4. April 27, 2023: Public Comment received from the Washington State
Department of Ecology (Ecology), and Washington State Department of
Transportation (WSDOT).
1.5. April 28, 2023: Public Comment received from the Washington State
Department of Archeology and Historic Preservation (DAHP).
1.6. May 2, 2023: Application Deemed Incomplete.
1.7. February 20, 2024: Public Comment received from WSDOT.
1.8. July 2, 2024: Notice of Public Hearing PP2022-007 scheduled for July
24, 2024, posted on the City of Pasco website and mailed to properties within
300 feet of proposed subdivision.
1.9. July 7, 2024: Notice of Public Hearing for PP2022-007 Published in
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Conclusions of Law, Decision and Conditions of Approval - Page 1 of 19
Tri-City Herald Newspaper.
1.10. July 9, 2024: SEPA Mitigated Determination of Non -
Significance (MDNS) Issued for Madison Park N Preliminary Plat.
1.11. July 23, 2024: SEPA2023-032 MDNS Appealed, APPL2024-003, by
Applicant.
1.12. September 13, 2024: SEPA2023-032 MDNS Withdrawn by City of
Pasco SEPA Responsible Official.
1.13. November 4, 2024: SEPA MDNS Issued for Madison Park N
Preliminary Plat with a comment period ending November 18, 2024 and appeal
Period ending November 25, 2024. No appeal filed.
1.14. November 14, 2024: Public Comment were received from Ecology.
1.15. November 18, 2024: Public Comment received from the Franklin
County Planning & Building Department, and the Confederated Tribes of the
Colville Reservation.
1.16. November 25, 2024: Notice of Public Hearing PP2022-007 scheduled
for December 11, 2024, posted on the City of Pasco website and mailed to
properties within 300 feet of proposed subdivision.
1.17. November 27, 2024: Notice of Public Hearing for PP2022-007
published in Tri-City Herald Newspaper.
1.18. December 4, 2024: Staff report distributed to Project Applicant,
Property owner and parties of record.
1.19. January 22, 2025: Public Hearing.
1.20. March 24, 2025: Hearing Examiner Decision Issued.
2. Application: Applicants Dave Swisher and Farm 2005, LLC (also the Property owner) filed
preliminary plat application 2022-007 with City of Pasco on April 7, 2023 proposing to
subdivide an undeveloped 129.9 acre parcel into 461 single-family residential lots. Exhibit
C-1.
2.1. Legal: The subject property is legally described as follows:
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
NORTH45015'3I" WEST217.16 FEET ALONG SAID
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Conclusions of Law, Decision and Conditions of Approval - Page 2 of 19
NORTHEASTERLY BOUNDARY; THENCE SOUTH 44°44'29" WEST
1500.00 FEET ALONG THE NORTHWESTERLY BOUNDARY OF
SAID EASEMENT; THENCE SOUTH 459T31" EAST 1177.05 FEET
ALONG THE SOUTHWESTERLY BOUNDARY OF SAID EASEMENT
TO THE SOUTH LINE OF SAID SECTION 2; THENCE NORTH
89008'41" 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)
The above -described property is referred to in these Findings of Fact,
Conclusions of Law and Decision as "the Property" or, alternatively, the
Madison Park North preliminary plat.
2.2. General Location: The subject parcel is Assessor Parcel No. 114-250-018 in
Pasco, Washington.
2.3. Annexation: The Property was annexed into the City of Pasco on March 21, 2022
pursuant to Ordinance No. 4574A and a petition for annexation signed by Owner
Farm 2005, LLC. Exhibits C-15 and 16.
3. Access: The property has access from Burns Road, Road 52, Deseret Drive, Road 44 and
Roberta Road.
4. Utilities: Municipal water is available and will be extended to the property from the southwest;
municipal sewer will be provided by connections to the new sewer main running East/West
through the parcel that was installed as part of the East UGA Sewer Local Improvement District
("LID").
4.1. LID Formation_ The LID was formed pursuant to Ordinance No. 4592, adopted
by the Pasco City Council on May 23, 2022 ("LID Formation Ordinance"). Ex.
C-12. The LID Formation Ordinance ordered the construction of sanitary sewer
gravity and force mains, a lift station, manholes and other appurtenances
necessary to provide sewer service to the Property and other recently -annexed
in the East Pasco Urban Growth Area. It also established LID No. 152, whose
boundaries are shown on the map attached as Exhibit A to the Ordinance and
included the Property. The LID Formation Ordinance did not impose or levy a
special assessment or other monetary tax, fee or charge of any kind against the
Property or any other properties in LID No. 152.
4.2. Property Owner Steve West executed an LID Evaluation and Pre -Formation
Agreement with the City of Pasco effective on November 1, 2021. Ex. C-11.
Relevant to the contentions of the Applicants in the Madison Park North
preliminary plat proceedings, the Agreement provided that Mr. West "shall not
protest or in any way attempt to block or stall the creation of the LID...."
4.3. The sanitary sewer improvements called for by the LID Formation Ordinance
have been constructed and accepted by the Pasco City Council. Ex. C-23 — C-
27.
5. Land Use and Zoning: The property is currently being used for agricultural uses.
5.1.The site has historically been used as farmlands and is otherwise undeveloped.
The project will involve the construction of a network of roads within and
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adjacent to the proposed plat, to provide access to the new lots and appropriate
circulation within the plat and distribution of trips to the City's roadway network.
5.2.Zoning: The property is zoned R-1 Low Density Residential. Zoning, and
current use of surrounding properties:
North: Franklin County Zoning RR-1; Rural Residential !/Single Family
Homes East: Franklin County Zoning 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
5.3. Comprehensive Plan: The City of Pasco Comprehensive Plan designates this
site as Low Density Residential. The Low -Density Residential Land Use
designation is described as a variety of residential housing at a density of 3 to 6
dwelling units per acre. R-1 Low Density Residential is an implementing zoning
district. PMC 25.215.15
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 applicable local, state, or federal
laws or rules and other information, threshold environmental determinations were issued or
withdrawn as shown below:
6.1. SEPA Responsible Official issued an initial Mitigated Determination of Non -
Significance (Optional DNS Process) for Madison Park North Preliminary Plat
on July 9, 2024 for this project under WAC 197-11-355. Ex. A-46. The Madison
Park North MDNS included the following mitigations:
6.1.1. An archaeological survey prior to ground disturbing activities.
6.1.2. Park and open spaces totaling 4.76 acres of land.
6.1.3. Traffic impacts mitigated with a "to be determined" proportionate
share of the following intersections/projects:
6.1.3.1.Burns Road Extension (TSMP EXP6, TIP 5.02)-up to $1,050,000
6.1.3.2.Bums Road & Road 68 Intersection (TSMP EXP 6, TIP 5.02) - up to
$472,500
6.1.3.3. Burns Road & Road 60 Intersection - up to 25%
6.1.3.4. Sandifur Parkway & Convention Drive Intersection (TSMP INT
2, TIP 5.15)- up to 22%
6.1.3.5. Burden Boulevard & Road 68 Intersection/ Road 76 Overpass
(TSMP INT 3 & EXT 2, TIP 5.08)-up to $624,750.
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6.2. Applicants filed a timely Notice of Appeal of the Madison Park North AMNS
on July 23, 2024. Applicants filed a dispositive motion (Ex. A-49) arguing that
the MDNS SEPA mitigation fees were duplicative of traffic impact fees in
violation of RCW 43.21C.065.
6.3.In an effort to resolve the Applicants' appeal, the City withdrew the Madison
Park North NIDNS on September 16, 2024. Ex. C-7. Applicants then withdrew
their SEPA appeal.
6.4. The City issued a revised SEPA Mitigated Determination of Non -Significance
for Madison Park North Preliminary Plat (SEPA 2023-032) on November 4,
2024. The Revised AIDNS (Ex. C-8) included the following mitigations:
6.4.1. The applicant shall pay mitigation to the City of Pasco for impacts on
the City roadway system. The mitigation required is $709.00 per residential
unit. The project will result in 464 residential units. Thus, $709 X 464 =
$328,976.00. Payment of traffic mitigation fees to the City is required prior
to the issuance of the first building permit.
6.4.2. A cultural resources survey prior to ground disturbing activities
6.5. The Revised AMNS was not appealed and became final on November 25, 2024.
7. Plat Layout: A revised plat layout was submitted by the applicant dated July 8, 2024. The
proposed plat layout is contained in the Staff Report, admitted as Ex. C-35. Sheets 1 and 4-7
depicted proposed street and lot layouts, including a proposed dedication of a 100-foot-wide
right-of-way for Burns Road, extending across the southern boundary of the Property. Sheet
7 sets forth "Typical Sections" for Burns Road, Road 52 and Deseret Drive adjacent to the
proposed Madison Park North plat.
8. Traffic Concurrence: A traffic concurrency evaluation was conducted and completed to
determine the proposal's impacts on the transportation system network. A Traffic Impact
Analysis (TIA) was required by the City and prepared by Transpo Group based on agreed scope
of study and intersection designations. Transpo Group submitted a final updated TIA to the
City in April, 2024. The TIA was subject to peer review by City's consulting engineers - PBS
Engineering & Environmental.
8.1. The TIA was prepared based upon scoping established by City with input from
Transpo Group. Data was collected from ten (10) identified intersections and
trip generation and distribution estimates were prepared by Transpo Group and
reported in the TIA submitted on November 6, 2023.
8.2. The TIA (Ex. A-32) concluded that at the time the last phase of the Madison
Park North plat is constructed, 177 AM peak hour trips and 246 PM peak hour
trips from the proposed plat would utilize Road 52 north of the intersection of
Road 52 and Burns Road. At the time the last phase is completed, this project
trips represent 69% (177 out of 257) AM peak hour trips and 73% (246 out of
336) PM peak hour trips on Road 52 north of Burns/Rd 52 intersection.
8.3. The TIA also reports that the proposed plat will generate 30 AM peak hour trips
and 42 PM peak hour trips using the portion of Burns Road east of the
Burns/Road 52 intersection. At the time construction of the last phase is
completed, these trips represent 30% (30 out of I 00) AM peak hour trips east
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of Bums/Rd. 52 intersection, and 39% (42 out of I07) PM peak hour trips
anticipated to use that portion of Burns Road, which is the section fronting the
south edge of the proposed subdivision. Additional public trips will pass
through these corridors from future developments not included in the project
forecast.
8.4. The TIA states on page 1 that the frontage improvements are proposed along
the project frontages (Burns Road, Road 52 and Deseret Drive) as required by
the Pasco Municipal Code, and that the project will dedicate right-of-way
(ROW) to allow for the City's future extension of Burns Road between Road
52 and Glade Road, which is identified as a planned improvement on the City's
6-year TIP (TIP project 5.02). The City's Capital Improvement Program
("CIP") shows that the Burns — Glade Road Extension Project is anticipated in
the near term; it programs $8.8 million starting in expenditures starting in 2028
for project engineering and right-of-way acquisition, according to testimony by
Jacob Gonzalez and Ex. C-33 at 5. The City's expert traffic engineer witness,
Jessica Brackin, testified that the project's frontage improvements are required
in order to allow project residents to access the City's roadway network.
8.5. The TIA also indicates that there are numerous planned transportation
improvement projects within the study area including roadway widening,
intersection traffic control revisions, and roadway extensions. The TIA
includes many of these projects in the TIA's interim or full buildout condition
analysis, as shown in the planned improvement section in Table 3.
8.6. The TIA also included at page 17, Figure 6, a distribution of the Project's
vehicle trips across the City's transportation network. Figure 6 showed
significant project trips (15% of the total estimated 4,108 daily trips) distributed
to the north and east of the Madison Park North site. The TIA's "sensitivity
analysis" distribution (Figure 10) showed that 10% of project trips would use
the Burns extension to access I-182, thereby reducing project trip impacts to
most TIA study intersections including those in the immediate project vicinity.
8.7. The TIA indicated that in accordance with the City's codified concurrency
process in PMC 12.36.080, the result of the analysis performed in the TIA was
that the development's impact on the transportation network would be fully
mitigated by payment of the Traffic Impact Fee. The City's peer transportation
engineer, PBS Engineering, indicated that its review of the TIA was complete
on May 17, 2024. The TIA did not include any proportionate share
contributions for the Burns Road — Glade Road extension, for example, despite
the sensitivity analysis distribution showing the need for extensive use of that
roadway segment by Project trips.
8.8. The TIA also indicated that a significant number of project vehicle trips would
be distributed to and impact other off -site intersections and roadway segments
for which City transportation planning documents a need for improvement.
Testimony of traffic engineer Jessica Brackin, and Exhibit C-20, illustrated the
connection between the Project's vehicle trips and needed future projects. The
City's Transportation System Master Plan shows a significant funding need for
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Conclusions of Law, Decision and Conditions of Approval - Page 6 of 19
these projects, and that there is an anticipated $293 million funding shortfall.
Condition of Approval No. 3, which does not require any monetary payment
but does require the proposed plat to include a statement indicating the owners'
agreement not to protest future formation of an LID to fund future transportation
or utility projects in the Capital Facilities Element of the City's Comprehensive
Plan, is reasonably related and roughly proportional to the Project's impact to
these intersections and roadway segments.
8.9. The TIA summarizes the mitigation measures needed for the Madison Park
North plat on page 29, as follows:
8.9.1. The TIA provides an initial estimate of fees; however, the actual fees
will be coordinated with City staff. The applicant will pay transportation
impact fees (TIF) estimated to be $154,562 for the interim condition
(cumulative Phases 1-5) and a total cumulative fee of $326,140 for the full
build out condition.
8.9.2. Credit will be provided for the ROW dedication and frontage
improvements for Burns Road and Road 52 corridors, but only relative to
any additional mitigation fees paid by the applicant.
9. History: The site was annexed into the City in 2022 via Ordinance 4574 and 4574A (Ex. C-16)
and subsequently assigned the R-1 (Low Density Residential) zoning designation via
Ordinance 4584. The site is undeveloped and has historically been used as farmland.
10. Lot and Right -of Way Layout:
10.1. The proposed plat would create 461 lots, with approximately 2.07 acres
set aside for construction of a privately -owned neighborhood park that would be
developed with basketball and pickleball courts, a sun shelter and picnic table area,
and play equipment, all of which would be open to the public.
10.2. 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.
10.3. 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.
10.4. The lot and right-of-way layout complies with applicable City
subdivision development standards.
10.5. An internal network of streets would be dedicated and improved to City
Code and Design and Construction Standard to provide adequate access to all lots
and to ensure access for future development. The plat also includes multiuse paths
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Conclusions of Law, Decision and Conditions of Approval - Page 7 of 19
(MUPs) for pedestrians and cyclists adjacent to Burns Road, Road 52, and Deseret
Drive, and right-of-way dedications and street improvements to each of those named
roads, as shown on Sheets 1-7 of the preliminary plat proposed by the Applicants,
with the "Typical Sections" showing the Applicants' proposed street improvements
for each on Sheet 7. Testimony of Jon Padvorac demonstrated that the street
improvements and right-of-way widths provided for Madison Park North are
consistent and match up with the street improvements and right-of-way widths
provided by other nearby projects, including Glacier Park and Raven's Place
subdivisions and the nearby new Pasco High School Project, with the exception of
Burns Road, where the Applicants are proposing to provide the full, 100 feet of right-
of-way width because the property to the south developed without providing a
roadway. Applicant David Swisher led a group of other owners to develop Madison
Park South, and Mr. Swisher elected not to provide an extension of Burns Road at
that time. The proposed project frontage improvements to Burns Road, Road 52
and Deseret Drive are not included as system improvements in the Capital Facilities
Element of the Pasco Comprehensive Plan.
11. 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.
12. A Notice of Application with the stated intent to issue a SEPA Optional Determination of Non -
Significance or SEPA Optional Determination of Mitigated Non -Significance was issued on
April 14, 2023.
13. The subdivision to the South is fully developed with the Madison Park South subdivision
developed by Applicant David Swisher. To the East of Ramus, lots along the South side of the
future Burns Road alignment do not front on Burns Road, they front on Corinth Drive. No
additional access from Burns Road would be possible into the Madison Park South subdivision
from east of Ramus due to the existing street network, in addition to the local topography (the
lots along Corinth Drive are approximately 10 feet above the future Burns Road alignment).
14. Water and sewer services will be extended to and through the development to provide
municipal services to the new lots. The Applicants intend to seek City approval of a
latecomer's reimbursement agreement pursuant to Ch. 14.25 of the Pasco Municipal Code.
15. Franklin PUD above -ground powerlines on the West side of Road 52 are located on adjacent
property (Raven Place). Jon Padvorac testified that there is an existing overhead power line
extending from the Franklin PUD line across Road 52 and serving the Madison Park North
Property. The Applicants plan to abandon that line, and seek to construct underground power
lines connecting to the Franklin PUD system at the southwest corner of the Property. All power
serving the Madison Park North plat will be required to be underground, as required by the
Pasco Municipal Code.
16. Water rights shall be either deeded to the City or an in -lieu -of fee paid prior to recording of any
final plat in accordance with PMC 21.05.120. Although fees -in -lieu are not subject to vesting,
the City has agreed to allow the Applicants to pay only the in -lieu fee rates set by PMC 3.35,160
in effect at time of preliminary plat application, which are lower than current rates. Those rates
were as follows:
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Conclusions of Law, Decision and Conditions of Approval - Page 8 of 19
16.1. Base water right acquisition fee per residential unit: $517.50.
16.2. Portable water irrigation fee: 50 percent of the acreage of the parcel to be
served times 3.5 acre-feet of water times $1,725 per acre foot.
16.3. Water rights transfer fee: $1,000.
17. Provision of park facilities is addressed by preliminary plat. The City of Pasco Parks,
Recreation and Open Space Master Plan has established a Level of Service (LOS) of two (2)
acres of neighborhood park land and 2.1 acres of community park land per 1,000 population.
Based on the anticipated population that would be generated by the development (1,632 people,
assuming an average household size of 3.54 persons per household) a total of 3.26 acres of
parkland is required to meet the neighborhood park LOS goal.
17.1 The proposed plat provides a 2.07 acre neighborhood park, privately -
owned but developed and open to the public park. Madison Park North also
provides a total 1.35 acres of Mixed Use Paths (MUPs), with an additional 0.54
acres of active recreation park land to be provided by the sports field being
developed as part of the new Pasco High School located to the West of the
proposed plat.
17.2 Madison Park North park and multi -use paths together with associated
Pasco High School active recreation park meet City neighborhood park LOS.
18. The MDNS calls for Applicants to pay a transportation impact fee (TIF) of $709 per lot
($328,976 total for all 464 lots) in full prior to first building permit. As discussed in the
Conclusions of Law and Conditions of Approval below, payment of impact fees is required at
the time of building permit issuance, in amounts calculated at the then -applicable impact fee
rate.
19. Park, Traffic, and School impact fees at the then -applicable impact fee rate will be collected
for each lot at the time of issuance of building permits for new residences, with traffic impact
fees of $328,976 payable prior to the issuance of the first building permit in accordance with
the SEPA MDNS.
19.1. Credits and reductions to the Park impact fees will be provided
commensurate with the value of the park land and improvements in accordance
with PMC 3.50.070 and RCW 82.02.060(5).
19.2. For phases built before improvements are performed on the park or before
land is dedicated, the City has determined to allow Developer to bond for the
per -lot park impact fees. When the Developer completes the entire park
(frontage improvements and park amenities), the Developer may then submit a
comprehensive impact fee credit request, and settle accounts with the City
regarding the previously submitted park impact fee bonds. The Developer will
complete the park prior to recording the final plat for the phase containing the
240th lot.
20. The Hearing Examiner is required to make specific finding regarding subdivisions as set forth
in PMC 21.25.060 and RCW 58.17.110. These findings areas follows:
20.1. Subject to the Conditions of Approval required below, adequate provisions
are made for the public health, safety and general welfare and for open spaces,
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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;
20.1.1. The proposed subdivision will be serviced by City emergency
services and proposes to develop a privately -owned park, open to the
public, approximately 2 acres in size.
20.1.2. The proposal is also dedicating right-of-way along Deseret Drive,
Road 52 and Burns Road, in the widths shown on Sheets 1-7 of the
proposed plat, and will construct the frontage improvements as shown on
Sheet 7 of the proposed plat, in accordance with the requirements of Pasco
Municipal Code 21.15.030(1) and the Pasco Design and Construction
Standards. (The Design and Construction Standards Section 4.1 provides
that in the event of any conflict between City Code and the Design and
Construction Standards, the most restrictive provision or the provision
imposing the highest standard shall control.) These improvements 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.
20.1.3. 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.
20.1.4. In accordance with Revised MDNS and applicable Traffic
Impact, Ordinance (PMC Ch. 3.40), Madison Park North shall pay as traffic
impact fee of $328,976 in a lump sum prior to issuance of the first building
permit, along with any traffic impact fees at the then -applicable rate at the
time of building permit issuance.
20.1.5. Park, and School impact fees at the then -applicable impact fee rate
will be collected for each lot at the time of issuance of building permits for
new residences, with traffic impact fees of $328,976 payable prior to the
issuance of the first building permit. Credits and reductions to the Park
impact fees will be provided commensurate with the value of the park land
and improvements as determined by the Director in accordance with RCW
82.02.060(5). For phases built before improvements are performed on the
park or before land is dedicated, the Developer may bond for the per -lot
park impact fees. When the Developer completes the entire park (frontage
improvements and park amenities), the Developer may then submit a
comprehensive impact fee credit request and settle accounts with the City
regarding the previously submitted park impact fee bonds. The Developer
will complete the park prior to recording the final plat for the phase
containing the 240th lot.
20.1.6. Above -ground powerlines and utilities serving the subdivision and
located within the preliminary plat shall be located and/or relocated
underground in accordance with PMC 21.35.100.
20.1.7. Subdivision development includes appropriate provision for drainage
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ways and stormwater management in accordance with applicable
municipal development standards.
20.1.8. Street lighting, signs and channelization will include all required
traffic regulatory signs, street name signs, street striping, channelization,
and lighting in accordance with applicable development standards and
requirements.
20.1.9. All sidewalks within the preliminary plat provide safe walking
conditions for students and pedestrians. Madison Park North also is
providing multi -use pathways for the benefit of pedestrians, bicyclists, and
other members of the public.
20.1.10. Madison Park North was subject to concurrency review and
City determined that the proposed subdivision complies with applicable
concurrency standards. PMC 12.36.090.
20.2. The proposed subdivision contributes to the orderly development
and land use patterns in the area;
20.2.1. The proposed development includes various types of residential
single family dwellings and will match the single family dwelling pattern
within the vicinity. Subdivision development is consistent with applicable
density standards. 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.
20.2.2. The development is also required to construct right-of-way
improvements such as curb, gutter, storm drainage, sidewalk, street
lighting for safe pedestrian travel and internal road network for the welfare
of the plat's residents. The right-of-way improvements are consistent with
and match up with new developments to the west and north of the Project,
and with respect to Burns Road, allow for future widening as needed to
continue to serve the Madison North plat.
20.2.3. Multi -use pathways (MUPs) will also be provided on Burns Road,
Road 52, and Deseret Lane which will connect to the MUPs of nearby and
adjacent developments.
20.3. 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 a variety of residential housing
at a density of 3 to 6 dwelling units per acre. Madison Park North is
consistent with the 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:
20.3.1. 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
P 2022-007 Findings of Fact,
Conclusions of Law, Decision and Conditions of Approval - Page 11 of 19
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.
20.3.2. 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.
20.3.3. 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
Municipal Code and requirements and sufficient to address the number
and distribution of vehicle trips generated by the proposed plat, as shown
in the Applicants Traffic Impact Analysis. The proposal also provides
MVPs that will serve to connect the development to adjacent
developments and major roadways.
20.3.4. 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 impact analysis were
completed as a portion of the review and to maintain concurrency the
development will construct frontage improvements on Burns Road,
Deseret Drive, Burns Road, Road 42, provide a local access street network
interior to their preliminary plat as shown in the plat map, as well as provide
payment of the fall transportation impact fee for the entire subdivision
upfront, in order to provide near -term funding to enable the City to
construct necessary improvements. The development will also construct
MUPs that may be used for pedestrian and bicycle travel to and around the
area.
21. Transportation Policy TR-1-F: Develop an interconnected network of streets, trails, and
other public ways during the development process while preserving neighborhood
identity. By constructing street improvements and mixed -use paths as shown on Sheets 1-7,
the proposal will develop a network of roads and MUPs that match and connect to major travel
corridors and adjacent developments. The street improvements and paths are reasonably
necessary as a direct result of the proposed development, and are needed to provide pedestrian,
bicycle and vehicle access to plat residents at adopted levels of service now and into the future.
21.1. 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
P 2022-007 Findings of Fact,
Conclusions of Law, Decision and Conditions of Approval - Page 12 of 19
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:
21.1.1. 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.
21.1.2. The proposed subdivision conforms to the general purposes of
this title;
Title 2 I "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 a/Title 21 in all respects.
21.1.3. The public use and interest will be served by approval of the
proposed subdivision.
The proposed plat, if approved and if conditioned as recommended below,
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 development of this
plat. These factors will ensure the public use and interest are served.
22. All overhead power lines serving Madison Park North shall be placed underground within the
preliminary plat area, in accordance with and subject to all conditions of PMC 21.35.100.
Madison Park North is not required to underground off -site power lines along the west side of
Road 52.
23. Open Record Hearing: An open record hearing was called to order on December 8, 2024, and
was subsequently continued to January 12, 2025. The open record hearing on January 12, 2025
was then continued to January 22, 2025. That hearing lasted approximately 4.5 hours, with
testimony and attorney presentation.
23.1. Testimony: Appearing and testifying on behalf of the Applicant was Jon
Padvorac (former City employee) and James Carmody. Appearing and
testifying on behalf of the City was Jacob Gonzalez (City employee), Craig
Raymond (City employee), and Jessica Brackin (Fehr & Peers, former City
employee). A member of the public, Paul Knutzen, Owner of Knutzen
Engineering, spoke on behalf of the school district regarding a variety of offsite
improvements that would increase pedestrian safety around the School to the
South of Road 52 and Burns. The meeting was approximately 4.5 hours long,
and a transcript was provided by the applicant which has been incorporated into
the record.
23.2. Applicant Exhibits: The exhibits that were admitted into the record on
behalf of the Applicant are attached hereto as Attachment A.
23.2.1. The Declaration of Jon Padvorac attached as Attachment C to
P 2022-007 Findings of Fact,
Conclusions of Law, Decision and Conditions of Approval - Page 13 of 19
Appellant's (applicant's) Disclosure of Rebuttal Witnesses and
Exhibits, dated January 13, 2023 (actually 2025) was withdrawn.
23.3. City Exhibits: The exhibits that were admitted into the record on behalf
of the City are attached hereto as Attachment B.
24. The Hearing Examiner finds, as supported by the testimony of Jessica Brackin, that the waiver
of objection to the formation of a Local Improvement District set forth in Condition of
Approval number 3 is related to the traffic and other impacts directly caused by this
development. The fact that the LID may also result in benefits to residents does not diminish
these traffic impacts.
25. The requirement for the Local Improvement District is also supported by the criteria set forth
in RCW 58.17.110 and Pasco Municipal Code 21.25.060.
26. The testimony from Jacob Gonzalez and Craig Raymond included facts that the City of Pasco
has a long history of requiring subdivisions to include a statement by the owners agreeing not
to protest the formation of a local improvement district for transportation and/or utility
improvements.
27. The testimony provided by City witnesses, outweighs the testimony provided by the applicant
witnesses, and the Hearing Examiner finds that the applicants are not entitled to credits against
traffic impact fees for the value of real property and/or construction costs incurred in frontage
approvements along Burns Road, Road 52, or Deseret Drive. The Hearing Examiner finds that
the applicants themselves propose to make these improvements and it was the applicants own
traffic impact analysis findings and conclusions that were premised upon the applicants
construction of these improvements. The need for these frontage improvements are directly
caused by the development proposed by the applicant.
28. The Transportation System Management Plan of the City of Pasco is not adopted or
incorporated by reference into the Pasco Comprehensive Plan. The Comprehensive Plan has
been amended several times since 2021 and none of those amendments adopted or incorporated
the Transportation System Management Plan by reference.
29. The Applicant's traffic improvements for the plat's frontage improvements along Burns Road,
Road 52, and Deseret Drive are not "system improvements" as contemplated by the City's
Transportation System Master Plan.
30. The City of Pasco's Transportation Improvement Plan does not include any of Madison Park
North's frontage improvements. Nor does the City of Pasco Improvement Plan which is also
incorporated in the Facilities Element.
31. Table T-11 of the Transportation Element (Exhibit A-14) is not included int the Facilities
Element. The Hearing Examiner finds that table T-11 is not controlling on the issue of
improvement credits or offsets.
32. Additional Facts Supporting 100 ft. right-of-way Dedication:
32.1. The applicant's proposed plat provides the 100 ft. wide right-of-way
dedication.
32.2. The applicant's TIA acknowledges this proposed right-of-way width,
which concedes it is needed to allow future expansion and extension of the road
to a five -lane section, to accommodate project traffic trips and reduce their
P 2022-007 Findings of Fact,
Conclusions of Law, Decision and Conditions of Approval - Page 14 of 19
impact when combined with future anticipated growth.
32.3. The 100 ft. right-of-way width is necessary to complete the existing future
and street pattern, both to the East and West of Madison Park North. The right-
of-way width is justified by the project's extensive vehicle trip impacts, and the
need to connect with, and accommodate, planned transportation improvements,
and to provide for future trip impact reduction from Madison North Plat.
32.4. The right-of-way dedication meets all the criteria set forth in PMC
21.15.010(3)(d).
33. Paul Knutzen, of Knutzen Engineering, testified on behalf of the Pasco School District. He
testified consistent with his January 8, 2025 comment letter to the City of Pasco. His January
8, 2025 comment letter provided factual evidence that the applicant's project is located near
Rosalind Franklin STEM Elementary School at 6010 N. Road 52. He testified that additional
pedestrian protections for the school zones are necessary, including advanced warning signs,
flashing beacons, and rectangular rapid flashing beacons (RRFB).
34. The City of Pasco did not object to adding the Pasco School District's request as a condition
of approval.
35. Any Conclusion of Law that is more correctly a Finding of Fact is here by incorporated as such
by this reference.
II. CONCLUSIONS OF LAW
1. The Hearing Examiner has legal authority under RCW 58.17.110, PMC 2.50.080 and .100 and
PMC 21.25.060 to render this decision, including the Conditions of Approval.
2. The City has both a factual and legal basis for imposition of a condition requiring that the
Madison Park North plat include a statement indicating the owners' agreement not to protest
the formation of a Local Improvement District (LID) or Utility Local Improvement District
(ULID). Well -established legal authority from both the United States Supreme Court and
Washington Supreme Court holds that formation of an LID does not guarantee that a special
assessment will be imposed, nor involve a deprivation of a property interest. Therefore,
constitutional regulatory takings "nexus / rough proportionality" tests are not required.
Formation of an LID also does not result in an "in kind" or other tax, fee or charge, so RCW
82.02.020 does not apply. Even if those tests applied, they are met. There is a reasonable nexus
between the traffic impacts from the Madison North plat and other intersections and roadway
segments for which future improvements are required, and the statement of agreement not to
protest is reasonably aimed at addressing those impacts by facilitating use of a funding
mechanism (an LID) to pay for projects resolving those impacts. The "no protest" agreement
is a minimal, non -monetary obligation that is at least than at least roughly proportional to the
extent of the plat's impacts. Therefore, the City proposed "No Protest" agreement is lawfully
allowed.
3. Applicants are not entitled to credits against the Traffic Impact Fees applicable to the proposed
preliminary plat for the cost of right-of-way dedication and construction of street improvements
on Burns Road, Road 52, or Deseret Drive. Those dedications and street improvements are
proposed by the Applicants as project frontage improvements. They are not included as
"system improvements" in the Capital Facilities Element of the City's Comprehensive Plan, or
in any document that is expressly adopted or incorporated by reference into the Plan.
References to those projects in the Transportation Element, as "developer" funded, reflects
P 2022-007 Findings of Fact,
Conclusions of Law, Decision and Conditions of Approval - Page 15 of 19
their status as "project improvements," and not "system improvements." Inclusion of
references to those projects in the Transportation System Master Plan ("TSMP") also does not
entitle Applicants to impact fee credits, because the TSMP is not adopted or incorporated by
reference in the Capital Facilities Element of the Comprehensive Plan.
The City has established a factual and legal basis for requiring Madison Park North to dedicate
a full 100-foot right-of-way for Burns Road Extension or to construct a three- lane road segment
over the Burns Road Extension from Ramus Road to the eastern boundary of the subdivision.
As discussed in the Findings of Fact above, the Applicants' Traffic Impact Analysis shows that
Project vehicle trips will represent 69% of a.m. peak hour trips and 73% of p.m. peak hour trips
on Road 52 north of Bums/Rd 52 intersection. Similarly, Project vehicle trips will generate
30% of the a.m. peak hour trips and 39% of the p.m. peak hour trips using Burns Road east of
the Bums/Rd. 52 intersection, which is the section fronting the south edge of the proposed
subdivision. The Applicants' own plat application proposed to dedicate these rights -of -way
and build these street improvements, and the Applicants' TIA was predicated on the
Applicants' dedication and construction of these road segments, which evidence established
are necessary for the plat's residents to safely and adequately access and return from the City's
roadway network. Such access includes connection of a substantial portion of Project trips to
I-182 using the Burns Road — Glade Road extension, which is planned to be constructed in the
reasonably foreseeable future in the City's 6-year TIP and CIP, and to which the Applicants'
Burns Road project frontage improvements will connect. The City has specifically established
that the right-of-way dedications and street improvements proposed by the Applicants and
shown on Sheets 1-7 of the plat meet the nexus and rough proportionality requirements
established by federal constitution and RCW 82.02.020.
5. As conditioned and subject to the preceding legal determinations, this project is consistent with
the Pasco Comprehensive Plan and Pasco Municipal Code.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such
by this reference.
III. CONDITIONS OF APPROVAL
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,
pursuant to RCW 35.43.182 the owner hereby waives for a period of ten (10) years from the
date of approval of this plat the right to protest the formation of a Local Improvement District
(LID) or Utility Local Improvement District (ULID) for the financing and construction of
transportation and/or utility improvements that specially benefit property owner(s) within this
plat and are identified in the Capital Facilities Element of the City of Pasco's Comprehensive
Plan, or documents adopted and incorporated by reference therein. This waiver shall be
liberally construed in accordance with and to accomplish the purposes of RCW 35.43.182."
P 2022-007 Findings of Fact,
Conclusions of Law, Decision and Conditions of Approval - Page 16 of 19
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, 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. Per PMC 21.05.120, water rights shall be either deeded to the City or an in -lieu -of fee paid
prior to recording of any final plat. Per PMC 3.35.160 in affect at time of preliminary plat
application:
6.1. The base water right acquisition fee per residential unit is $517.50.
6.2. The portable water irrigation fee is equal to 50-percent of the acreage of the parcel to be
served times 3.5 acre-feet of water times $1, 725 per acre foot
6.3. The water rights transfer fee is $1,000.
7. Only City and other utilities with franchise agreements are allowed within and under travel
lanes in the public right-of-way. All other utilities may be allowed in the public right-of-way
only outside of all travel lanes and only following full compliance with Ch. 12.24 PMC, and
only following issuance of a right-of-way use permit under PMC 12.24.010 including a
condition requiring that if any privately -owned utility located in the right-of-way interferes
with the actual construction of any public improvement, that utility shall be relocated at the
right-of-way at permittee's expense.
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. All stormwater is required to be maintained and treated on site in accordance with Washington
State Department of Ecology and City of Pasco Standards.
12. All utilities to be extended to -and -through the property being developed. All utilities shall be
installed to City of Pasco standards and meet at least the minimum sizes specified in the
Comprehensive Plan or other applicable Water or Sewer System Plans. The additional costs of
installing utility sizes in excess of the minimum sizes needed to serve the subdivision will be
P 2022-007 Findings of Fact,
Conclusions of Law, Decision and Conditions of Approval - Page 17 of 19
reimbursed to the Applicant in accordance with the procedures described in Chapter 1, Section
12 of the City's design and construction standards. In accordance with PMC 14.25.030(3)(c), a
developer reimbursement agreement (also known as a latecomer) shall not be permitted until a
determination has been made by the City for payment of utility upsizing costs or reimbursement
of the developer for the construction costs of all or a portion of the improvements.
13. The final plat shall detail existing conditions, such as the names of neighboring subdivisions
and property lines of all adjacent properties.
14. The final plat shall include a comment stating: "Existing regulations regarding sight distance,
fence height, and setbacks may affect the placement of fences and driveways on any comer
lots."
15. 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."
16. The developer/builder shall pay the City a "common area fee" pursuant to PMC 25.180.060(6)
and PMC 3.100, in an amount of $218,975. The fee shall be paid proportionately on a per lot
basis at the time of issuance of building permits for homes. These funds shall be placed in a
fund per PMC 3.I00 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. In lieu of $218,975 the
Developer and/or successors and assigns may elect to maintain the boulevard "common area"
in perpetuity.
17. Park, Traffic, and School impact fees at the then -applicable impact fee rate will be collected
for each lot at the time of issuance of building permits for new residences, with traffic impact
fees of $328,976 payable prior to the issuance of the first building permit. Credits and
reductions to the Park impact fees will be provided commensurate with the value of the park
land and improvements as determined by the Director in accordance with RCW 82.02.060(5),
PMC 3.40.090 and PMC 3.50.070 and the Conditions of Approval of this Preliminary Plat.
Credits and reductions to the Transportation Impact Fees are not required.
18. The Applicant will complete the park construction prior to recording the final plat for the
phase containing the 240th lot.
19. Applicant shall ensure all proposed road alignments are designed and constructed in
compliance with PMC 21.15.030(I) and (2), Street Standards, and the City's codes and
standards in relationship to adjoining plats and their streets. Specifically, the streets of the
proposed plat shall be adjusted to align with the two already -approved County subdivisions to
the North: Zargoza Addition (Road 47) and Towers landing (Road 51). The concept of re-
alignment of Road 47 and 51 presented by the applicant on 12/6/2024, may be implemented as
a minor adjustment as opposed to major adjustment to the preliminary plat in accordance with
PMC 21.25.080.
P 2022-007 Findings of Fact,
Conclusions of Law, Decision and Conditions of Approval - Page 18 of 19
20. All overhead power lines serving Madison Park North shall be placed underground within the
preliminary plat area, in accordance with and subject to all conditions of PMC 21.35.100.
Madison Park North is not required to underground off -site power lines along the west side of
Road 52.
21. The Pasco School District has demonstrated, by the testimony of Paul Knutson at the open
record public hearing, and the January 8, 2025 comment letter that there are direct impacts to
the school district regarding school children at or near Pasco School District Property. Because
of these impacts, the developer shall work with the School District to address these direct
impacts, by adding advanced warning signs on both Burns Road and Road 52, adding flashing
beacons on North bound and South bound Road 52, and upgrade the existing crosswalk at the
non -controlled intersection of Santa Cruz Lane and Road 52, to include a RRFB.
IV. DECISION
Based on the above Findings of Fact and Conclusions of Law, and subject to the above Conditions
of Approval, the Madison Park North Preliminary Plat located on Parcel #114-250018, Pasco, WA
is hereby APPROVED.
Dated this � day of March, 2025
CITY PASCO HEARING EXAMINER
w
,1
Andrew L. Kottkamp,
Absent a timely appeal, this decision is final.'
' See Ch. 36.70C RCW (establishing a 21 day appeal period to superior court, and setting forth necessary review
contents, along with filing and service requirements).
P 2022-007 Findings of Fact,
Conclusions of Law, Decision and Conditions of Approval - Page 19 of 19
ATTACHMENT A
APPLICANTS DAVID SWISHER AND
FARM 2005, LLC'S FINAL LIST OF EXHIBITS
Exhibit
Document Description
Previous
Status
Exhibit
(Admitted/Withdrawn/Excluded)
Designation
A-01
Index of Exhibits
Admitted
A-02
Project Timeline
EXCLUDED IN ORDER ON
MOTION IN LIMINE
A-03
Background of Contested
Admitted
Conditions
A-04
City & Applicant Requested
Admitted
Conditions of Approval
A-05
Jon Padvorac Resume
Admitted
A-07
Kassi Leingang Resume
Admitted
A-10
Transpo Group Madison Park
Admitted
Proposed Transportation
Mitigation Fee Memo, dated
September 19, 2024
A-11
2014 0616 - Resolution 3562 -
Admitted
Madison Park PUD
A-12
Ordinance No. 4537, dated June
Admitted
7, 2021, adopting 2018-2038
Pasco Comp Plan
A-13
2018-2038 Comprehensive Plan
Admitted
Vol. I, dated June 7, 2021
A-14
2018-2038 Comprehensive Plan
Admitted
Vol. 2, dated June 7, 2021
A-14.1
Comp Plan Map Folio
Admitted
Supplement
A-15
Pasco City Council Meeting
Admitted
Packet For Transportation
System Master Plan, dated
August 1, 2022
A-16
2022 08 01 - Resolution 4220
Admitted
TSMP
A-17
2022 08 01 - Excerpts from
Admitted
TSMP Rd 52 & Burns Road
Exhibit
Document Description
Previous
Status
Exhibit
(Admitted/Withdrawn/Excluded)
Designation
A-18
Pages from Resolution 4220
Admitted
TSMP - Plan Purpose
A-19
2022-2028 7-Year CIP Council
N/A
EXCLUDE CONSISTENT
Packet
WITH ORDER ON MOTION
IN LIMINE
A-20
Res. No. 4261, adopting 2022-
N/A
EXCLUDE CONSISTENT
2028 CIP
WITH ORDER ON MOTION
IN LIMINE
A-21
Excerpts from 2022-2028
EXCLUDE CONSISTENT
Capital Improvement Plan,
WITH ORDER ON MOTION
dated October 23, 2022
IN LIMINE
A-22
Fehr & Peers TIF study Kickoff
Admitted
Presentation
A-23
2023 05 02 Determination of
Admitted
Incompleteness
A-24
Res. 4356, adopting 2024-2029
EXCLUDED BY ORDER ON
Six -Year TIP
MOTION IN LIMINE
A-25
City Council meeting packet
EXCLUDED BY ORDER ON
2024-2029 Six -Year TIP
MOTION IN LIMINE
A-26
TIA Scoping Letter - City
EXCLUDED BY ORDER ON
Comments, dated August 18,
MOTION IN LIMINE
2023
A-27
TIA City Response to TIA
EXCLUDED BY ORDER ON
Scoping Letter
MOTION IN LIMINE
A-28
PBS TIA Review Obtained via
Admitted
Records Request, dated March
18, 2024
A-29
Concurrency Process Concerns
Admitted
Email & Memo
A-30
Executed Fehr & Peers
Admitted
Concurrency Review Contract
A-31
Determination of Completeness,
Admitted
dated April 17, 2024
A-32
Madison Park North Traffic
Admitted
Impact Analysis "TIA"
A-33
Mitigations from Madison Park
Admitted
North TIA, dated May 17, 2024
A-34
Memo from PBS regarding
Admitted
Madison Park North TIA dated
May 17, 2024
Exhibit
Document Description
Previous
Status
Exhibit
(Admitted/Withdrawn/Excluded)
Designation
A-35
Excerpt from TIA Showing TIP
Admitted
Projects, dated May 17, 2024
A-36
Parks Requirements Memo to
Admitted
City, dated May 21, 2024
A-37
Council Workshop Packet TIP
EXCLUDED BY ORDER ON
Projects Removed
MOTION IN LIMINE
A-38
Highlights from Concurrency
EXCLUDED BY ORDER ON
Meeting, dated May 29, 2024
MOTION IN LIMINE
A-39
Transcript from Concurrency
Admitted
Meeting, dated May 29, 2024
A-40
Road 52 Credit Request Email
Admitted
& Memo, dated June 3, 2024
A-41
LID Waiver, Blvd Maintenance,
Admitted
Burns Credit Email & Memos
dated June 13, 2024
A-42
City of Pasco Agenda Report
Admitted
regarding Development Fees,
dated June 13, 2024 for June
17, 2024 City Council meeting
A-43
Preliminary Plat Madison Park
Ex. C 13
Admitted
North Draft Hearing Examiner
Packet, dated June 22, 2024
A-44
City Council Meeting regarding
Admitted
Development Fees, June 17,
2024
A-45
2024 06 24 - Resolution 4464 -
Admitted
2025-2030 TIP
A-46
2024 07 09 - Madison Park
Admitted
North MDNS Issued
A-47
Email dated July 22, 2024 from
Admitted
Brian Cartwright regarding
Utility Undergrounding
A-48
City Council Workshop Packet
Admitted
Proposed 2025-2032 CIP, July
24, 2024
A-49
David Swisher Motion for
Admitted
Invalidation of MDNS, dated
September 3, 2024
A-50
SEPA MDNS for Madison Park
Admitted
North Preliminary Plat
(Withdrawn) dated September
16, 2024
Exhibit
Document Description
Previous
Status
Exhibit
(Admitted/Withdrawn/Excluded)
Designation
A-51
Applicant Response to City
Admitted
Motion to Dismiss Raven Place
MDNS Appeal, dated October
1, 2024
A-52
Hearing Examiner Order on
Admitted
City Motion to Dismiss Swisher
PSD High School No. 3 MDNS
Appeal, dated October 9, 2024
A-53
Hearing Examiner Order on
Admitted
City Motion to Dismiss Swisher
Glacier Park MDNS Appeal,
dated October 9, 2024
A-54
Hearing Examiner Order on
Admitted
City Motion to Dismiss Raven
Place MDNS Appeal, dated
October 9, 2024
A-55
SEPA MDNS for Madison Park
Admitted
North Preliminary Plat, dated
November 4, 2024
A-56
City of Pasco Staff Report for
Ex. C18
Admitted
Raven Place Preliminary Plat,
dated November 13, 2024
A-57
City Staff Report, Glacier Park
Ex. C 19
Admitted
Preliminary Plat dated
November 15, 2024
A-58
Follow -Up E-mail and Memo
EXCLUDED BY ORDER ON
from David Swisher to Richa
MOTION IN LIMINE
Sigdel, dated November 22,
2024
A-59
E-mail from Richa Sigdel dated
Ex. C 14
Admitted
November 23, 2024
A-60
Raven Place Preliminary Plat
Admitted
Hearing Examiner
Determination
A-61
E-mail from Bob C. Sterbank
Admitted
dated December 4, 2024 at
09:26 a.m.
A-62
E-mail dated December 4, 2024
Admitted
from City of Pasco Planner
Jennifer Ballard enclosing link
to Madison Park North
Preliminary Plat Hearing
Examiner Packet
Exhibit
Document Description
Previous
Status
Exhibit
(Admitted/Withdrawn/Excluded)
Designation
A-63
Letter dated December 4, 2014
Ex. C01
Admitted
from Bob Sterbank to David
Swisher
A-64
E-mail dated December 5, 2024
Ex. C 15
Admitted
from Richa Sigdel to Jon
Padvorac
A-65
E-mail dated December 6, 2024
Ex. C16
EXCLUDED BY ORDER ON
from Jon Padvorac attaching
MOTION IN LIMINE
"Meeting Minutes"
A-66
Emails with Craig Raymon
Admitted
regarding Impact Fee Credits
dated December 9, 2024
A-67
Glacier Park Preliminary Plat
Admitted
Hearing Examiner
Determination dated December
20, 2024
A-68
Email from Jon Padvorac to
Admitted
Casey Roberts of Franklin
County Public Utility District
dated December 30, 2024
A-69
Letter from David Swisher
Withdrawn
dated January 1, 2025
A-70
Dept. of Commerce Capital
Admitted
Facilities Planning Guidebook
A-71
Excerpts from Washington
EXCLUDED BY ORDER ON
State Six- Year Transportation
MOTION IN LIMINE
Improvement Program 2024-
2027
A-72
City of Pasco Six -Year
EXCLUDED BY ORDER ON
Transportation Improvement
MOTION IN LIMINE
Program 2024-2027
A-73
Map of Appealed Projects
Admitted
A-74
Mitigated Determination of
Admitted
Nonsignificance dated
December 24, 2024 for
Columbia Basin College Dorm
Exhibit
Document Description
Previous
Status
Exhibit
(Admitted/Withdrawn/Excluded)
Designation
A-75
2024-2029 TIP vs 2025-2030
EXCLUDE CONSISTENT
TIP & MDNS
WITH ORDER ON MOTION
IN LIMINE
A-76
Power Undergrounding
Admitted
Logistics Graphic
A-77
Example Utility Upsize
Admitted
Agreement
A-78
Exhibit Northwest Commons
Admitted
initial plat 2005
A-79
Historic I-182 Fund Usage
Admitted
A-80
Email Input from City on
Admitted
Proposed Conditions 7, 13, 18,
19
A-81
Tierra Vida III Site Plan dated
Admitted
December 28, 2023
A-82
Project Hawk Roadway
Admitted
Extension Schematic Plan,
dated January 3, 2024
A-83
Excerpts from Ordinance 4457 -
Admitted
Street Standards
A-84
2024 1104 - MPN MDNS
Admitted
A-85
Preliminary Plat of Seven
N/A
Admitted
Sisters Phase 1 - 3RD SUB -
APP 2
A-86
City of Pasco Staff Report to
N/A
Admitted
Hearing Examiner dated
December 11, 2024
A-87
City of Pasco Staff Report to
N/A
Admitted
Hearing Examiner dated July
24, 2024
ATTACHMENT B
CITY OF PASCO
FINAL LIST OF EXHIBITS
Exhibit
Document Description
Previous
Status
Exhibit
(Admitted/Withdrawn/Denied)
Designation
C-1
Preliminary Plat Application
A
Admitted
dated April 7, 2023 for File No.
PP2022-007, "Madison Park
North"
C-2
Notice of Appeal of SEPA
B
Admitted
Mitigated Determination of
Nonsignificance for Madison
Park North preliminary plat,
dated July 23, 2024, SEP2023-
0032 and PP2022-007
C-3
Notice of Appeal of SEPA
C
Admitted
Mitigated Determinations of
Nonsignificance for Raven's
Place and Glacier Park Phase I
proposed preliminary plats and
Pasco High School proposed
special permit, dated July 23,
2024
C-4
Hearing Examiner's Decision
D
EXCLUDED BY ORDER ON
on City's Motion to Dismiss for
MOTION IN LIMINE
Lack of Standing dated October
9, 2024, for Raven's Place
Preliminary Plat PP2022-006
C-5
Hearing Examiner's Decision
E
EXCLUDED BY ORDER ON
on City's Motion to Dismiss for
MOTION IN LIMINE
Lack of Standing dated October
9, 2024, for Glacier Park Phase
I Preliminary Plat PP2022-003
C-6
Hearing Examiner's Decision
F
EXCLUDED BY ORDER ON
on City's Motion to Dismiss for
MOTION IN LIMINE
Lack of Standing dated October
9, 2024, for proposed Pasco
High School Special Permit,
SP2022-013
C-7
Withdrawal Notice of Mitigated
G
Admitted
Determination of
Nonsignificance, dated
Exhibit
Document Description
Previous
Status
Exhibit
(Admitted/Withdrawn/Denied)
Designation
September 16, 2024
C-8
Revised SEPA Mitigated
H
Admitted
Determination of
Nonsignificance, dated
November 4, 2024
C-9
Findings of Fact, Conclusions
I
Admitted
of Law, Decision and
Conditions of Approval, dated
November 21, 2024, for
Raven's Place Preliminary Plat
PP2022-006
C-10
Findings of Fact, Conclusions
J
Admitted
of Law, Decision and
Conditions of Approval, dated
November 21, 2024, for Glacier
Park Phase I Preliminary Plat
PP2022-003
C-11
East UGA LID Preformation
K
Admitted
and Evaluation Agreement,
dated November 1, 2021
between the City of Pasco and
West Enterprises
C-12
City of Pasco Ordinance No.
L
Admitted
4592 Establishing Local
Improvement District No. 152
C-13
Agenda Report dated June 19,
M
Admitted
2024 from Community &
Economic Development
Director Jacob Gonzalez to City
Manager Adam Lincoln and
attachments thereto
C-14
Farm 2005, LLC Annual
N
Admitted
Report, dated April 15, 2024
C-15
Pasco City Council Special
O
Admitted
Meeting Agenda and pages 3-
32 of Agenda Packet materials
for January 24, 2022
C-16
City of Pasco Ordinance No.
P
Admitted
4574A, Annexing Olberding
and Farm 2005 properties
C-17
Resolution No. 4464 Adopting
Q
Admitted
2025-2030 Six -Year
Transportation Improvement
Exhibit
Document Description
Previous
Status
Exhibit
(Admitted/Withdrawn/Denied)
Designation
Program
C-18
Resume of Jessica Brackin of
R
Admitted
Fehr & Peers
C-19
Excerpts from the Revised
S
Admitted
Traffic Impact Analysis, dated
April, 2024, by Trans o Group
C-20
Overlay of Transportation
T
Admitted
System Master Plan projects
with Revised Traffic Impact
Analysis Trip Distribution
C-21
June 28, 2021 Agenda Report
U
Withdrawn
for 2022-2027 Transportation
improvement Program
C-22
Excerpts of Agenda Report for
V
Withdrawn
2022 Capital Improvement
Program, dated August 19,
2022
C-23
Resolution 4434 — East UGA
N/A
Admitted
Phase 2 Accept Work
C-24
Resolution 4458 — East UGA
N/A
Admitted
LID No. 152 Phase 1 Project
Accept
C-25
Resolution 4525 — East UGA
N/A
Admitted
Phase 4 Accept Work w Apollo
C-26
Resolution 4524 — East UGA
N/A
Admitted
Phase 3 Accept Work w DW
Excavating Inc.
C-27
Apollo Physical Completion
N/A
Admitted
Letter — East UGA LID, Phase
4
C-28
City Council April 13, 2023
N/A
Admitted
Agenda Report
C-29
April 17, 2023 Council Meeting
Admitted
Minutes
C-30
City Council October 7, 2024
N/A
Admitted
Agenda Report
C-31
Ordinance No. 4730 Adopting
N/A
Admitted
the New Heritage Future Land
Use Amendment
C-32
February 20, 224 Email
N/A
Admitted
between Jon Padvorac and
Exhibit
Document Description
Previous
Status
Exhibit
(Admitted/Withdrawn/Denied)
Designation
Richa Si del
C-33
Resolution 4505 — CIP for
N/A
Admitted
2025-2030 Projects
C-34
Excerpts from Agenda Packet
Admitted
for October 7, 2024 City
Council meeting related to
adoption of 2025-2030 CIP
C-35
City of Pasco Staff Report for
N/A
Admitted
Madison Park North
Preliminary Plat, dated January
_, 2025, and attachments
thereto
C-36
City Proposed Conditions of
N/A
Admitted
Approval