HomeMy WebLinkAboutPP 2025-001 Rivers Edge decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
PP 2025-001 ) DECISION AND
River's Edge ) CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on April 9,
2025, the Hearing Examiner having taken evidence hereby submits the following Findings of Fact,
Conclusions of Law, Decision and Conditions of Approval as follows:
I. FINDINGS OF FACT
1. APPLICANT: Albert Marroquin; 4221 Riverhaven St; Pasco, WA 99301
2. REQUEST: Preliminary Plat: Subdivision of two parcels to create six lots within the R-1 Low Density
Residential District.
3. Timeline:
3.1. January 13, 2025 Preliminary Plat Application-PP2025-001 and SEPA Environmental
Checklist-SEPA2025-005, submitted
3.2. February 7, 2025 Applications Deemed Complete
3.3. March 6, 2025 SEPA Mitigated Determination of Non -Significance Issued
3.4. March 17, 2025 Notice of Public Hearing for PP2025-001 Mailed to Properties Within 300
Feet of Proposed Subdivision
3.5. March 19, 2025 Notice for Public Hearing for PP2025-001 Published in Tri-City Herald
3.6. March 28, 2025 Public Hearing Staff Report Published
4. PROPERTY DESCRIPTION:
4.1. Abbreviated Legal:
4.1.1.Parcel 119670021: SHORT PLAT 2020-13 LOT 3
4.1.2.Parcel 119670022: SHORT PLAT 2020-13 LOT 4
4.2. General Location: Located on the west side of Road 64 south of West Court Street.
4.3. Property Size:
4.3.1.Parcel 119670021: 0.47 acres
4.3.2.Parcel 119670022: 0.47 acres
4.3.3.Total Size: 0.94 acres
5. ACCESS: The properties have access from Road 64.
6. UTILITIES: Municipal water and sewer are available in Road 64. Sewer will be extended to front
Parcel # 119670021.
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7. LAND USE AND ZONING: The properties are zoned R-1 (Low Density Residential District) and are
currently undeveloped. Surrounding properties are zoned and developed as follows:
7.1. North: R-S-12/R-1 Suburban/Low Density Residential/Single Family Homes
7.2. East: R-S-12 Suburban/Single Family Homes
7.3. South: R-S-12 Suburban/Single Family Homes/Columbia River
7.4. West: R-S-12 Suburban/Single Family Homes
8. 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 R-S-20, R-S-12, R-S-1, R-
1, R-1-A, and R-1-A2 zoning district designations.
9. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.
Based on the SEPA checklist (SEPA2025-005), 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 March 6th, 2025, for this project under
WAC 197-11-355.
10. REQUEST: Applicant proposes to subdivide two parcels, each under different ownership, 0.94-acres
in size into six individual lots for single family detached dwellings within the R-1 Low Density
Residential zoning district. The plat also proposes to use Pasco Municipal Code (PMC) 21.20.060 "Lots
without public street frontage" to provide access to four lots via an access easement. Each owner will
be granted two lots without public frontage with this proposal for a total of four lots.
11. History: The subject properties were annexed into the City in 2002 via Ordinance 3532 and assigned
the R-S-12 (Suburban District) through Ordinance 3533. The properties were subsequently rezoned
from R-S-12 to R-1 in January of this year via Ordinance 4755 and are currently undeveloped.
12. Lot & Right -of -Way Layout: The proposed plat would create six lots total. Lots 1 and 6 as shown on
the plat will front Road 64 however lots 2 through 5 will have access off the proposed private road.
12.1. The proposed lots vary in size from 5,581 square feet to 7,471 square feet meeting the
minimum lot size for the R-1 zone. The minimum lot size in the R-1 zoning district is 4,000 square
feet for single family detached dwelling units per PMC 25.22.030 (1). The proposed density is six
dwelling units per acre (du/ac) which is the maximum density allowed in the Low -Density
Residential land use designation.
12.2. According to PMC 21.20.060(2)(d), no more than three adjoining lots shall be created
without public street frontage. Lots 2 through 5 exceeds this limit; however, since this application
involves two separate owners, the applicants are seeking concurrence that each owner is entitled
to create up to three lots without public frontage as long as density is met.
12.2.1. The Hearing Examiner finds that because this is one project, the entire project is required
to comply with the Pasco Municipal Code. This includes, but is not limited to, PMC 21.20.060
(2)(d). Therefore, pursuant to this code provision, "there shall be no more than three adjoining
lots created without public street frontage." The applicant recognized this code provision at
the open record public hearing but stated that it would be more difficult to build the project
and still comply with this code provision. Therefore, the Plat will need to be redesigned so
that it complies with this code provision.
12.3. The private road per PMC 21.20.060 shall have a minimum width of 20 feet and is proposed
at 24 feet wide meeting the width requirement. Road 64 within the plat will be required to be
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constructed to the requirements and standards of the Pasco Municipal Code and Pasco Design and
Construction Standards for Public Works Improvements and Municipal Codes.
13. HEARING EXAMINER FINDINGS OF FACT
13.1. An application for the proposed preliminary plat was submitted on January 13, 2025, and
determined to be complete on February 7, 2025.
13.2. The subject properties are Parcel 4s 119670021 and 119670022 in Pasco, WA.
13.3. The subject properties were rezoned from R-S-12 (Suburban District) to R-1 (Low Density
Residential District) in January of 2025.
13.4. The subject properties Comprehensive Plan designation is Low Density Residential which
allows for residential development at a density between 3 and 6 dwelling units per acre.
13.5. The proposed number of lots equates to 6 dwelling units per acre.
13.6. Per PMC 21.40.010 short plat purpose is to provide an administrative method of land
subdivision allowing the creation of nine or fewer lots.
13.7. Per PMC 21.40.110 short plat resub division procedure land that is divided through the
short plat process into four or more lots may not be re -short platted for a period of five years. Any
further land division must occur through the preliminary and final platting process.
13.8. The subject properties were subdivided through the recorded five -lot short plat on May
26th of 2020.
13.9. Per RCW 58.17.065, each short plat must be filed with the County Auditor and is not
considered approved until recorded.
13.10. The subject properties are currently undeveloped.
13.11. The project will involve completing frontage improvements in accordance with City of
Pasco Design and Construction Standards and Specifications for Public Works Improvements and
Municipal Codes.
13.12. The sewer main is required to extend north across the entire frontage of the developing
properties.
13.13. Lots noted as 2 through 5 on the plat propose to utilize PMC 21.20.060 "Lots without
public street frontage" and provide an access easement to each lot.
13.14. Water rights shall be either deeded to the City or an in -lieu of fee paid prior to recording of
any final plat.
13.15. Traffic, Park, and School impact fees will be collected for each lot prior to building permits
being issued for new residences.
13.16. A SEPA MDNS was issued on March 6, 2025.
13.17. Notice of Public Hearing for PP2025-001 Mailed to Properties Within 300 Feet of Proposed
Subdivision on March 17, 2025.
13.18. Notice for Public Hearing for PP2025-001 Published in Tri-City Herald on March 19, 2025.
14. 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:
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14.1. 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;
14.1.1. The proposed subdivision will be serviced by City emergency services and is located
approximately 2.2 miles from Wade Park. The proposal will be required to construct the right-
of-way to meet the requirements of PMC and the Pasco Design and Construction Standards.
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.
14.1.2. 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.
14.2. The proposed subdivision contributes to the orderly development and land use patterns in
the area;
14.2.1. The proposed development will contain various types of residential single-family detached
dwellings and will match 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 zoning code of Low Density Residential.
14.2.2. Although the proposal complies with density requirements, it includes a total of four lots
without public street frontage. According to PMC 21.25.010, the purpose of a preliminary
plat is to provide property owners with a means to divide their land. Since this chapter allows
multiple owners to divide their property under a single application, the applicants are
requesting that each owner should independently benefit from the provisions of PMC
21.20.060.
14.3. The proposed subdivision conforms to the policies, maps and narrative text of the
Comprehensive Plan;
14.3.1. Pasco's Comprehensive Plan Future Land Use Map designates the land as "Low Density
Residential" which allows for the R-S-20, R-S-12, R-S-1, R-1, R-I-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 site's zoning designation and proposed density of 6 dwelling units per acre
conform with the Comprehensive Plan. Further, the proposal aligns with the policies of the
Comprehensive Plan such as:
14.3.1.1. 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
R-1 zoning designation allows for a variety of dwelling types, this proposal would have
only detached single-family dwellings matching the immediate vicinity.
14.3.1.2. 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 growth patterns and market demand within each of the City's land use
designations. The proposal is for low density residential infill development in an area
that has been historically developed below Comprehensive Plan minimum density
requirements. The proposal will still fall within the allowances of the Low Density
Residential Comprehensive Plan land use designation and will provide more housing
availability and options.
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14.3.1.3. 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
already available to both sites with sewer nearby. The proposal would bring public water
and sewer to and through the property for each lots access and provide a closer access
point for existing nearby properties that may want to connect or bring utilities to their
property.
14.4. The proposed subdivision conforms to the general purposes of any applicable policies or
plans which have been adopted by the City Council;
14.4.1. 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:
14.4.1.1. 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 mostly
conform to and use.
14.5. The proposed subdivision conforms to the general purposes of this title;
14.5.1. 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 would conform to the general purpose of title 21 with conditions of approval.
14.6. The public use and interest will be served by approval of the proposed subdivision.
14.6.1. 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 the development of this plat. These
factors will ensure the public use and interest are served.
15. An open record public hearing was held, after legal notice, on April 9, 2025
16. Appearing and testifying on behalf of the Applicant, through the help of an interpreter, was Hugo Cruz.
Mr. Cruz testified that he was the property owner and Applicant and had permission to speak for all
property owners. He stated that they agreed with the representations set forth within the staff report and
the proposed Conditions of Approval.
17. Also testifying at the hearing was Christine Batayola. Ms. Batayola testified that she was an engineer
and agent for the applicant. Ms. Batayola testified that they do not want to put in two private roads
because it would be more difficult to build. She also testified that a public road way would not fit on
this lot under the configuration they have at this time.
18. No member of the public testified at the hearing.
19. The following exhibits were admitted into the record:
19.1. Ex. 1 Staff Report;
19.2. Ex. 2 Remainder of Staff File.
20. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
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21. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
H. CONCLUSIONS OF LAW
1. The Hearing Examiner has been granted the authority to render this decision.
2. PMC 21.20.060(2) is a mandatory requirement and is does not provide discretion to the Hearing
Examiner as to whether or not to impose the requirements of this code provision.
3. As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal
Code.
4. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this
reference.
III. DECISION
Based on the above Findings of Fact and Conclusions of Law, SP 2025-001 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The River's Edge subdivision shall be developed in substantial conformance with the submitted Plat.
The subdivision shall contain 6 residential lots unless otherwise specified by the hearing examiner.
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 final 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. 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.
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.
6. Civil plans submitted for City approval must be designed and stamped by a Washington State
Licensed Civil Engineer.
7. Any above ground power fronting the property must be re-routed below ground.
8. The sewer main is required to extend north across the entire frontage of the developing parcels.
9. 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
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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."
10. 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.
11. Only City and other utilities with franchise agreements are allowed in the public right-of-way.
12. 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.
13. 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.
14. Street lighting will be required per City standards.
15. All utilities to be extended to -and -through the property being developed.
16. Lots utilizing PMC 21.20.060 shall comply and meet the requirements of said section. Specifically,
there shall be no more than three adjoining lots created without public street frontage.
17. 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."
Dated this day of April, 2025
CITY OF P SCO HEARING EXAMINER
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).
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