HomeMy WebLinkAboutPP 2024-007 The Grove decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
PP 2024-007 ) DECISION AND
The Grove ) CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on June 24
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: Walsh Group; PO Box 1297; Eagle, ID. 83616
2. REQUEST: Preliminary Plat: Applicant proposes to subdivide a 11.96-acre parcel into 103
individual lots for single family dwellings plus one additional amenity lot within the R-4 High Density
Residential zoning district.
3. TIMELINE:
3.1. 13 June 2024 Application Submitted
3.2. 7 July 2024 Application Deemed Complete
3.3. 26 November 2024 Notice of Application with Optional SEPA Determination of Non -
significance
3.4. 8 June 2025 Application Noticed for Public Hearing
3.5. 17 June 2025 Public Hearing Staff Report Published
4. PROPERTY DESCRIPTION:
4.1. Legal: A parcel of land located in the Northeast Quarter of the Northwest Quarter of Section 7,
Township 9 North, Range 29 East, Willamette, Meridian, City of Pasco, Franklin County,
Washington, particularly described as follows:
4.1.1.Beginning at the Northwest corner of Lot 7 of amended record of survey for exempt parcel
segregation filed in Volume 4 of Surveys at Pages 267-271 under Franklin County Auditor's
File No. 1956316; Thence South 00°00'19" East along the West boundary of said Lot 7, a
distance of 466.80 feet; Thence North 89°59'41" East, a distance of 549.33 feet; Thence North
00°00'33" West, a distance of 471.81 feet to the Northerly boundary of said Lot 7; Thence
South 89'28' 18" West along said Northerly boundary a distance of 549.32 feet to the Point of
Beginning; (ALSO Known as New Lot 31 of Record of Survey 1986333)
4.2. General Location: Parcel 115210052 & 115210057 in Pasco, Washington.
4.3. Property Size: 11.96 acres.
5. ACCESS_ The property has access from Burns Road, Norfolk Dr. & Buckingham Dr.
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6. UTILITIES: Municipal water is available and will be extended from the north and from the west,
municipal sewer will be extended to the property from the west.
7. LAND USE AND ZONING: The property is zoned R-4 (High Density Residential) and is currently
undeveloped. Zoning, and current use of surrounding properties:
7.1. North: R-1 (Low Density Residential/Farm Land)
7.2. East: R-T (Residential Transition/Vacant) and R-4 (Residential High Density/Multi-
Family Residential)
7.3. South: R-T (Residential Transition/Vacant)
7.4. West: R-3 (Residential Medium Density/Single Family Residential)
8. COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates this site as "Medium
Density Residential." The Medium -Density Residential designation is described as a variety of
residential housing at a density of 6 to 20 dwelling units per acre, and may be assigned R-2, R-3, R-4
& RP zoning district designations.
9. ENVIRONMENTAL DETERMINATION: The City of Pasco is the SEPA lead agency for this
project. Based on the SEPA environmental checklist (SEPA2024-037), 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 November 26, 2024, for this
project under WAC 197-11-355.
10. HISTORY:
10.1. The site was annexed into the City in 1998 via Ordinance 3305 and subsequently assigned
the R-T (Residential Transition District) zoning designation via Ordinance 3506. In January 2025,
The Pasco City Council revised the zoning designation of the property from R-T Residential
Transition to R-4 High Density Residential District via Ordinance 4754. The site has remained
undeveloped since annexation.
11. LOT & RIGHT-OF-WAY LAYOUT:
11.1. The proposed plat would create 104 lots, which includes one amenity lot which will be
developed for a neighborhood community center including a small pool and facility parking
spaces.
11.2. The proposed lots vary in size from 1,900 sq. ft. to 5,531 sq. ft. with the average lot size
being 3,213. The site has a City of Pasco Comprehensive Plan Land Use Designation of Medium
Density Residential, requiring a density between 6 and 20 dwelling units per acre (du/ac). The plat
provides a density of approximately 11.6 du/ac meeting the requirements of PMC and the intent
of the Comprehensive Plan.
11.3. A network of streets will be dedicated and improved to City code and standards to provide
adequate access to all lots and to ensure access and continuity for future development. The
Preliminary Plat includes multiple points of access including the primary access to Burns Road to
the North and providing through street access along Norfolk Drive and Buckingham Drive as well
as provided eventual access to a future development to the East at Nottingham Drive.
12. An application for the proposed plat was submitted on June 13, 2024 and determined to be complete
on July 7, 2024.
13. A Notice of Application with SEPA Optional Determination of Non -significance was issued on
November 26, 2024.
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14. Notice of the public hearing was sent to property owners within 300 feet of the subject property on June
9, 2025, and published in the Tri-City Herald newspaper on June 8, 2025.
15. The project will involve the dedication to the public, and construction of a network of roads to provide
access to the new lots and to ensure future development continuity.
16. Water and sewer services will be extended to and through the development to provide municipal
services to the new lots.
17. Water rights shall be either deeded to the City or an in -lieu of fee paid prior to recording of any final
plat.
18. Traffic, Park, and School impact fees will be collected for each lot, at the then current rate, prior to
building permits being issued for new residences.
19. PUBLIC HEARING:
19.1. An open record public hearing was held, after legal notice, on June 24, 2025.
19.2. City of Pasco Community & Economic Development Deputy Director Craig Raymond
presented a summary of the Staff Report. The Staff Report and all attached exhibits (collectively,
the Planning Staff File) were admitted into the record as Exhibit A. Deputy Director Raymond
supplemented the Staff Report to state the following:
19.2.1. A swimming pool to be constructed on the amenity lot included in the proposed plat is a
possibility, not a guarantee.
19.2.2. The Department ofArcheology & Historic Preservation has not yet provided an assessment
of cultural resources as requested by Confederated Tribes of the Colville Reservation in a
written comment attached as an exhibit to the Staff Report.
19.2.3. The written comment of Basin Disposal attached as an exhibit to the Staff Report related
described an earlier draft of the proposed plat; the plat was revised prior to submission to the
Hearing Examiner, resolving Basin Disposal's concerns.
19.3. Scott Shumaker, 4412 S Corbett Ave, Portland, Oregon, appeared as an agent of the
Applicant, was duly sworn, and testified as follows:
19.3.1. The Applicant agrees with the facts set forth in the Staff Report.
19.3.2. The Applicant has no objection to the proposed conditions of approval set forth in the Staff
Report.
19.3.3. Development within the proposed plat will occur in two phases. Phases 1 and 2 are denoted
on the proposed plat.
19.3.4. As indicated by Deputy Director Raymond, the Basin Disposal comment related to an
earlier draft of the plat; the comment has been resolved in the superseding draft.
19.4. No member of the public appeared to testify —neither in support nor opposition of the
application.
19.5. Except as stated above, no other exhibits were admitted.
19.6. The evidentiary record was closed at the conclusion of the public hearing.
20. PMC 21.25.060 FINDINGS:
20.1. The proposed subdivision makes adequate provisions for the public health, safety and
general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water
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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. It includes
construction and dedication of 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. 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.
20.1.2. 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. Credits and reductions to the traffic and park impact fees
will be provided if applicable in accordance with PMC 3.40.090 and PMC 3.50.070.
20.2. The proposed subdivision contributes to the orderly development and land use
patterns in the area.
20.2.1. The proposed development may contain various types of attached and detached residential
single family dwellings and will match the Comprehensive Plan, Zoning Code and the Goals
and policies of the Broadmoor Master Plan.
20.2.2. The development will also be required to construct rights -of -way improvements such as
curb, gutter, sidewalk, street lighting, etc. for safe pedestrian travel and for the welfare of the
residents. Multi -use paths (MUP's) will also be provided on Burns Road, 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.
20.3.1. Pasco's Comprehensive Plan Future Land Use Map designates the land as "Medium
Density Residential" which allows for the R-2, R-3, R-4 & RP zoning designations and allows
for a variety of residential housing at a density of 6 to 20 dwelling units per acre. The sites
zoning designation and proposed density of 11.6 dwelling units per acre conforms with the
Comprehensive Plan. Further, the proposal aligns with the policies of the Comprehensive
Plan such as:
20.3.1.1. 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 variety of lot sizes ranging from lot
sizes typical in the R-4 zoning designation as well as attached "5-plex" SFD's. Further
the plat will provide a neighborhood clubhouse and recreational facilities and Multi -use
paths for walkability.
20.3.1.2. Land Use Policy LU-4-B: Encourage infill and higher density uses within
proximity to major travel corridors and public transportation service areas. The
proposed site is infill development at a higher density than surrounding areas. The
proposed site is also adjacent to a Principal Arterial road, Burns Road.
20.3.1.3. Land Use Policy LU-4-E: Encourage
emphasizing connectivity and efficiency
proposal provides a network of roads in
the orderly development of land by
of the transportation network. The
conformance with Pasco's code and
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requirements. The proposal also provides MUPs that will serve to connect the
development to adjacent developments and major roadways.
20.3.1.4. Land Use Policy LU-5-B: Encourage higher residential densities within and
adjacent to major travel corridors, Downtown (Central Business District), and
Broadmoor. The proposed Preliminary Plat is located within the Broadmoor Master
Plan area and reflects its' intended densities.
20.3.1.5. 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. The development will also construct MUPs that may be
used for pedestrian and bicycle travel to and around the area.
20.3.1.6. 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.
20.4. The proposed subdivision conforms to the general purposes of any applicable policies
or plans which have been adopted by the City Council.
20.4.1. 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.
Additionally, the proposed site is located within the Broadmoor Master Plan area. As such, it
is an integral part of developing within a planned context.
20.5. The proposed subdivision conforms to the general purposes of this title.
20.5.1. Title 21 "Pasco Urban Area Subdivision Regulations" contains requirements and
procedures for various subdivision types. Title 25.97 `Broadmoor Overlay District" also
contains special use and development specifications unique from other areas of the city.
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 and
25.97.
20.6. The public use and interest will be served by approval of the proposed subdivision.
20.6.1. 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 developed of this plat. These factors
will ensure the public use and interest are served.
21. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
22. 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.
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2. As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal
Code.
3. 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, PP 2024-007 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. "The Grove at Broadmoor" subdivision shall be developed insubstantial conformance with the
submitted Plat. The subdivision shall contain 103 residential lots and one amenity lot.
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, 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.
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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.
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 corner 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, upon issuance of building permits for homes. These funds shall be placed in a fund per
PMC 3.100, 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.
17. 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.
18. Per PMC 21.25.080 a preliminary plat shall be valid for a five-year period following Hearing
Examiner approval of the preliminary plat unless a written request is filed and approved per PMC
21.25.080(4).
Dated this—7 day of July, 2025
CITY OF PASCO HEARING EXAMINER, PRO TEM
D. EYESTONE
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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