HomeMy WebLinkAboutHE Determination PP 2022-006 Raven's PlaceCITY OF PASCO
LAND USE HEARING EXAIVIINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
PP2022-006 ) DECISION AND
Raven Place ) CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
November 13, 2024, 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. Legal: That parcel of land located in a portion of that certain parcel of land conveyed as Parcel
C by deed recorded under Auditor's File No. 1838729 records of Franklin County, Washington,
located in a portion of Section 3, Township 9 North, Range 29 East, Willamette Meridian,
Franklin County, Washington, described as follows:
I.I. Beginning at the Northwest corner of the Southeast quarter of said Section 3; Thence
South 01 055120" West along the West line of said deeded Parcel C, 772.18 feet; Thence
South 01 °09'09" West along the West line of said deed Parcel C, 574.63 feet to the South
line of the Northwest quarter of said Southeast quarter; Thence North 89°26'04" East along
the South line of said Northwest quarter, 1323.71 feet to the Southeast corner thereof,
Thence North 01 °55'38" East along the East line of said Northwest quarter, 1346.19 feet
to the North line of said deeded Parcel C; Thence North 89'02'15" West along the North
line of said deeded Parcel C, 406.65 feet; Thence South 88°49'09" West along the North
line of said deeded Parcel C, 925.06 feet to the Point of Beginning.
1.2. General Location: Parcel 114-330-041 in Pasco, Washington.
1.3. Property Size: 41.23 acres.
2. Legal: That parcel of land located in a portion of that certain parcel of land conveyed as Parcel
C by deed recorded under Auditor's File No. 1838729 records of Franklin County, Washington,
located in a portion of Section 3, Township 9 North, Range 29 East, Willamette Meridian,
Franklin County, Washington, described as follows:
2.1. Beginning at the Northeast corner of the Southeast quarter of said Section 3; Thence South
01 °55'56"
2.2. West along the East line of said Southeast quarter, 133 6. 10 feet to the Southeast corner of
the Northeast quarter of said Southeast quarter; Thence South 89' 26'04" West along the
South line of said Northeast quarter of said Southeast quarter, 1331.43 feet to the
Southwest corner thereof, Thence North 01 °55'38" East along the West line of said
Northeast quarter of the Southeast quarter, 1346.19 feet to the North line of said deeded
Parcel C; Thence South 89°02'15" East along the North line of said deeded Parcel C,
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203.61 feet; Thence North 89°40'16" East along the North line of said deeded Parcel C,
1127.58 feet to the Point of Beginning.
2.3. General Location: Parcel 114-330-042 in Pasco, Washington.
2.4. Property Size: 40.90 acres.
3. Legal: That parcel of land located in a portion of that certain parcel of land conveyed as Parcel
C by deed recorded under Auditor's File No. 183 8729 records of Franklin County, Washington,
located in a portion of Section 3, Township 9 North, Range 29 East, Willamette Meridian,
Franklin County, Washington, described as follows:
3.1. Beginning at the Southwest corner of the Southeast quarter of said Section 3; Thence
North 8991 '53" East along the South line of said Southeast quarter 1331.56 feet to the
Southeast corner of the Southwest quarter of said Southeast quarter; Thence North 01
°55'38" East along the East line of said Southwest quarter of the Southeast quarter,1341.60
feet to the Northeast corner thereof, Thence South 89°26'04" West along the North line of
said Southwest quarter of the Southeast quarter of the Southeast quarter, 1323.71 feet to
the West line of said deeded Parcel C; Thence South 01 °09'09" West along the West line
of said deeded Parcel C, 525.68 feet; Thence South 0205709" West along the West line of
said deeded Parcel C, 821.93 feet to the Point of Beginning.
3.2. General Location: Parcel 114-330-043 in Pasco, Washington.
3.3. Property Size: 40.77 acres.
4. Legal: That parcel of land being the Southeast quarter of the Southeast quarter of Section 3,
Township 9 North, Range 29 East, Willamette Meridian, Franklin County, Washington,
described as follows:
4.1. Beginning at the Southeast corner of said Southeast quarter of Section 3; Thence North 01
055'56" East along the East line of said Southeast quarter of the Southeast quarter, 133 6. 10
feet to the Northeast corner thereof; Thence South 89°26'04" West along the North line of
said Southeast quarter of the Southeast quarter, 1331.43 feet to the Northwest corner
thereof; Thence South 01 °55'38" West along the West line of said Southeast quarter of the
Southeast quarter, 1341.60 feet to the Southwest corner thereof; Thence North 899 V53"
East along the South line of said Southeast quarter of the Southeast quarter, 1331.56 feet
to the Point of Beginning.
4.2. General Location: Parcel 114-330-044 in Pasco, Washington.
4.3. Property Size: 40.88 acres.
5. ACCESS: The property fronts along and has access from Burns Road and Road 60 (currently
under construction).
6. UTILITIES: Municipal water is available and will be extended from the south, municipal
sewer will be extended to the property from the south.
7. ZONING AND LANDUSE: The property's northern 129 acres are zoned R-1 Low Density
Residential and the southern 34.9 acres are zoned R-3 Medium Density Residential. The
property is currently undeveloped and used for growing crops. Per PMC 25.215.015, Low
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Density Residential zoning allows residential housing at a density of 3 to 6 dwelling units per
acre, and Medium Density Residential zoning allows residential housing at a density of 6 to
20 dwelling units per acre.
8. Zoning and current use of surrounding properties
8.1. North: AP-20 Agricultural Production 20, Irrigated Agriculture (property in Franklin
County, outside of Pasco City Limits and outside of Pasco's Urban Growth Boundary)
8.2. East: R-1 Low Density Residential, Irrigated Agriculture
8.3. South:RS-1 Suburban District, R-1 Low Density Residential, Single -Family Homes and
an Elementary School
8.4. West: R-1 Low Density Residential, Irrigated Agriculture and a Public High School Under
Construction
9. COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan, adopted in 2021,
designates this property as Low Density Residential and Medium Density Residential land use.
The description and purpose of Low Density Residential in the comprehensive plan is "single
family residential development at a density of 2 to 5 dwelling units per acre." Zoning districts
with this comprehensive plan future land use designation are R-S-20, R-S-12, R-S-1, R-1, R-
I -A, and R-1-A2. The description and purpose of Medium Density Residential in the
comprehensive plan is "single-family dwellings, patio homes, townhouses, apartments, and
condominiums at a density of 6 to 20 dwelling units per acre." Zoning districts with this
comprehensive plan future land use designation are R-2 through R-4, and RP.
10. ENVIRONMENTAL DETERMINATION: The City of Pasco (City) is the State
Environmental Policy Act (SEPA) lead agency for this project. Based on SEPA environmental
checklist SEPA 2022-073, the adopted City Comprehensive Plan, City development
regulations, and other information, a Mitigated Determination of Non -Significance (MDNS)
was issued on July 9, 2024, for this project under WAC 197-11-355. The MDNS was appealed
on July 24, 2024 and the appeal was dismissed on October 9, 2024. The MDNS is now final.
11. The Applicant proposes to subdivide four parcels with a combined acreage of 163.78 acres into
690 individual lots for single family dwellings within the R-1 Low Density Residential and R-
3 Medium Density Residential zoning districts.
12. History
12.1. The site was annexed into the City in 2022 via Ordinance 4574A and subsequently
assigned the R-1 Low Density Residential and R-3 Medium Density Residential zoning
designation via Ordinance 4584. The site is undeveloped and has historically been used as
irrigated farmland.
13. Lot & Right -of -Way Layout
13.1. The proposed plat would create 690 residential lots, a 5.02-acre tract for a
community park, three tracts for mid -block pedestrian access, and a tract for utilities. A
network of streets would be dedicated and improved to City code standards to provide
adequate access to all lots and to ensure access for future development. The three blocks
that exceed a block length of 1,320 feet have mid -block pedestrian access ways. The plat
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also includes multi -use paths (MVPs) for pedestrians and cyclists adjacent to Burns Road,
L Drive, and Deseret Drive.
13.2. For the portions of the proposed plat in the R-1 zoning district, lots vary in size
from 7,200 square feet to 11,121 square feet. For the portions of the proposed plat in the
R-3 zoning district, lots vary in size from 3,000 square feet to 10,690 square feet. Double -
frontage lots along Burns Road and Road 60, and lots that do not have access via their
own road frontage, are due to the estate wall required along arterial streets. The plat layout
has a generally symmetrical design, which creates double and triple fronted lots and lots
not accessed via their own road frontage on Road 52 and Deseret Drive, which are
classified as collectors.
14. An application for the proposed plat was submitted on July 15, 2022, and determined to be
complete on July 27, 2022.
15. A Notice of Application with SEPA Optional Determination of Non -significance was issued
on December 7, 2022.
16. A revised plat layout was submitted by the Application and a new Notice of Application with
SEPA Optional Determination of Non -significance was issued on March 28, 2023.
17. The proposed site is composed of Parcels 114-330-041, 114-330-042, 114-330-043, and 114-
330-044 in Pasco, WA.
18. The site's zoning districts are R-1 Low Density Residential, which allows for residential
development at a density between 3 and 6 dwelling units per acre, and R-3 Medium Density
Residential, which allows for a density between 6 and 20 dwelling units per acre under PMC
25.215.015.
19. The proposed number of lots equates to approximately 3.5 dwelling units per acre for the
portion of the proposed plat in the R-1 zoning district, and 6.7 dwelling units per acre for the
portion of the proposed plat in the R-3 zoning district.
20. The site has historically been used as farmland and is otherwise undeveloped.
21. The project will involve the construction of a network of roads to provide access to the new
lots.
22. Water and sewer services will be extended to and through the development to provide
municipal services to the new lots.
23. 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:
23.1. The base water right acquisition fee per residential unit is $517.50.
23.2. 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
23.3. The water rights transfer fee is $1,000.
24. A traffic concurrency evaluation was completed to determine the proposal's impacts to the
transportation network.
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25. A MDNS for the proposed plat was issued on July 9, 2024, that included an "up to" fee to
mitigate the impacts of the proposed development on the City's transportation network. In
accordance with this MDNS, traffic impacts shall be mitigated via compliance with the City's
traffic impact fee ordinance. The mitigation required is $709.00 per residential unit. The
project will result in 690 residential units. Thus, $709 X 690 = $489,210.00 total traffic
mitigation required. The payment of $489,210.00 satisfies the mitigation required by the
MDNS.
26. Notice of the public hearing to be originally held on July 24, 2024, was sent to property owners
within 300 feet of the subject property on July 10, 2024, published in the Tri-City Herald
newspaper on July 7, 2024, and posted on site on July 3, 2024.
27. The MDNS for the proposed plat was appealed on July 24, 2024.
28. The Hearing Examiner granted the City's motion to dismiss the appeal of the MDNS for the
proposed plat on October 9, 2024. The MDNS is now final.
29. Notice of the public hearing for PP 2022-006 scheduled for November 13, 2024, was posted
on proposed subdivision property, advertised on the City of Pasco website, and mailed to
properties within 300 feet of proposed subdivision on October 25, 2024.
30. Notice of the public hearing for PP 2022-006 was published in the Tri-City Herald on October
30, 2024.
31. Traffic, park, and school impact fees will be collected prior to issuance of individual building
permits for each new dwelling after final plat recordation. 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.
32. Pursuant to 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:
32.1. 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;
32.1.1. The proposed subdivision will be serviced by City emergency services and
proposes to develop a public park approximately 5 acres in size. The proposal is also
dedicating and constructing adequate right-of-way and will be required to construct
the right-of-way to meet the requirements of PMC and the Pasco Design and
Construction Standards. These requirements include the construction of new
sidewalks adjacent to the right-of-way for safe pedestrian travel, as well as multi -use
paths (MUPs) along the north side of the Burns Road right-of-way, the south side of
the Deseret Drive right-of-way, and along L Drive.
32.1.2. 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.
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32.1.3. Traffic, park, and school impact fees will be collected for each lot at the time
building permits are issued. Potable water irrigation fees are collected prior to
recordation of the final plat. Credits and reductions to the traffic and park impact fees
will be provided in accordance with PMC 3.40.090 and PMC 3.50.070.
32.2. The proposed subdivision contributes to the orderly development and land use
patterns in the area;
32.2.1. The proposed development may contain attached and detached single family
dwellings and will match the single-family dwelling pattern within the vicinity. Each
lot will be developed to comply with the zoning code of Low Density Residential or
Medium Density Residential depending on each lot's underlying zone, and will be in
conformance with the underlying land use designation of each lot of Low Density
Residential or Medium Density Residential.
32.2.2. The development will also be required to construct right-of-way improvements
such as curb, gutter, sidewalk, street lighting, etc., for safe pedestrian travel and for
the welfare of the residents. The MUPs provided on Burns Road and Deseret Drive
will connect to the MUPs of nearby and adjacent developments.
32.2.3. The proposed road network of the development will connect to and extend the roads
in adjacent developments: Rocket Lane/L Drive, Curlew Lane/N Drive; Kau Trail
Road, Lane G/Road A, and Deseret Drive.
32.3. The proposed subdivision conforms to the policies, maps and narrative text of the
Comprehensive Plan;
32.3.1. Pasco's Comprehensive Plan Future Land Use Map designates portions of the land
as "Low Density Residential" which allows for the RS-20, RS-12, RS-1, R-1, R-1-A,
and R-1-A2 zoning designations and allows for a variety of residential housing at a
density of 2 to 5 dwelling units per acre and portions of the land as "Medium Density
Residential" which allows for R-2 through R-4 and RP zoning designations and
allows for 6 to 20 dwelling units per acre. The site's zoning designation and proposed
density of 3.5 dwelling units per acre for the land zoned Low Density Residential and
6.7 dwelling units per acre for the land zoned Medium Density Residential conforms
with the Comprehensive Plan. Further, the proposal aligns with the policies of the
Comprehensive Plan such as:
32.3.1.1. 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 and both
attached and detached single family dwellings. Further the plat will provide park
land, MUPs, and mid -block pedestrian ways for recreation and walkability.
32.3.1.2. Land Use Policy LU-4-E: Encourage the orderly development of land by
emphasizing connectivity and efficiency of the transportation network. The
proposed plat provides a network of roads in conformance with Pasco's code
and requirements. The proposed plat also provides MVPs and mid -block
pedestrian ways that will serve to connect the development to adjacent
developments and major roadways.
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32.3.1.3. 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 proposed plat will provide impact fees during the permitting process to
address the impacts on traffic, parks, and schools. Further, a concurrency
evaluation and traffic analysis was completed as a portion of the review and the
development will contribute fees proportionate to their impacts to the
transportation network. The development will also construct MUPs and mid -
block pedestrian ways that may be used for pedestrian and bicycle travel to and
around the area.
32.3.1.4. 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 proposed plat will develop a network of
roads, MUPs, and mid -block pedestrian ways that responsibly connect it to
major travel corridors and adjacent developments.
32.4. The proposed subdivision conforms to the general purposes of any applicable
policies or plans which have been adopted by the City Council;
32.4.1. The City Council adopted the Pasco Comprehensive Plan on June 7, 2021, which
contains various goals and policies to which the proposal conforms, see example
policies under (3) of this section.
32.5. The proposed subdivision conforms to the general purposes of this title;
32.5.1. 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 meets the requirements of Title 21 in all respects.
32.6. The public use and interest will be served by approval of the proposed subdivision.
32.6.1. 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
development of this plat. These factors will ensure the public use and interest are
served.
33. An open record public hearing was held, after legal notice, on November 13, 2024.
34. Appearing and testifying on behalf of the Applicant was John Fetterolf. Mr. Fetterolf testified
that he was an agent authorized to appear and speak on behalf of the property owner and
Applicant. Mr. Fetterolf stated that they agreed with the representations set forth within the
staff report. Further, they agreed with all of the proposed Conditions of Approval with the
exception of proposed Condition of Approval number 21. He stated that they did not want any
"rear load" lots because there is no market for those. He stated that there's low traffic volume
and he did not see the risk of accident as significant.
35. No member of the public testified at the hearing.
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36. The following exhibits were admitted into the record:
37. The City of Pasco Hearing Examiner considered all evidence within the record in rendering
this decision.
38. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such
by this reference.
II. CONCLUSIONS OF LAW
1. The Hearing Examiner has been granted the authority to render this decision.
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, PP2022-006 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The Raven Place subdivision shall be developed in substantial conformance with the
submitted plat. The subdivision shall contain 690 residential building lots.
2. All improvements shall be in accordance with the Pasco Municipal Code effective at time of
application submittal. The Pasco Municipal Code adopts the most recent versions of the City
of Pasco Standard Specifications, the Washington State Department of Transportation
Standard Specifications for Road, Bridges, and Municipal Construction, the International
Building Code, and International Fire Code. If there are any conflicting regulations in any of
these documents, the more stringent regulation shall apply.
3. The face of the final plat shall include this statement: "As a condition of approval of this plat
the owner has waived the right to protest the formation of a Local Improvement District for
right-of-way and utility improvements to the full extent as permitted by RCW 35.43.182."
4. The face of the final plat shall include this statement: "The individual or company making
improvements on a lot or lots of this plat is responsible for providing and installing all trench,
conduit, primary vaults, 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
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described and illustrated by federal standards and regulations and the City of Pasco Zoning
Regulations. There is the potential that standard flight patterns will result in aircraft passing
over the properties at low altitudes and during all hours of the day. Future airport expansion
including runway extensions may impact the size and number of aircraft utilizing the airport.
Developments near the airport should assume that at any given time there will be some
impact from air traffic."
6. Any existing water rights associated with the subject property shall be transferred to the City
as a condition of approval. If no water rights are available then the property owner, in
accordance with PMC 21.05.120, shall pay to the City, in lieu thereof, a water rights
acquisition fee as established in the City Fee Summary Ordinance as identified in PMC 3.35.
7. Only City and other utilities with franchise agreements are allowed in the public right-of-
way.
8. Any and all overhead power is required to be re-routed below ground, unless the applicant
can demonstrate that such undergrounding is technically or financially unfeasible.
9. It shall be the responsibility of the property owner/developer to contact all utility owners to
determine their system improvement requirements. Prior to subdivision construction plan
submittal and/or review, the property owner/developer shall provide the City of Pasco written
support/approval of the proposed development from all outside utilities, public and private.
10. All fee payments for bonding of right-of-way improvements, and all fee payments for water
rights must be paid at or before the time of final plat being submitted for signatures.
11. Street lighting will be required per City standards.
12. The pedestrian ways either contained within or shown as Tracts C, D & E shall be dedicated
as right-of-way not less than 10 feet in width.
13. All stormwater is required to be maintained and treated on site in accordance with
Washington State Department of Ecology and City of Pasco standards.
14. All utilities are to be extended to -and -through the property being developed. All utilities
should be installed per City of Pasco standards and follow the City Comprehensive Plan for
required sizing and locations.
15. All roads shall be designed per their functional classification designation.
16. Civil plans shall reflect existing conditions, including but not limited to:
16.1. LID shows sewer roughly 20 feet east of planned location
16.2. Water main is six feet east of road centerline per Pasco Highschool #3 plans
17. The final plat shall detail existing conditions, such as the names of neighboring subdivisions
and property lines of all adjacent properties and be in conformance with Chapter 21.30 PMC.
18. The face of the final plat shall include a comment stating: "Regulations regarding sight
distance, fence height, and setbacks may affect the placement of fences and driveways on any
corner lots."
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19. The face of the final plat shall include this statement: "The developer shall install a common
`Estate' type fence/wall six feet in height along Burns Road and Road 60 as part of the
infrastructure improvements associated with the plat. The fence/wall must be constructed of
masonry block. Fence design and material must be approved by the Community and
Economic Development Director. An approved clear view triangle at the intersection of
streets will be required. Following construction of the masonry fence/wall, the City may
make repairs or replace the fencing as needed. Property owners adjoining said fence shall be
responsible for payment of all costs associated with maintenance and upkeep of the
fence/wall."
20. The developer/builder shall pay the City a common area fee pursuant to PMC 25.180.060(6)
and PMC 3.100, upon issuance of building permits for homes, that shall be placed in a fund
per PMC 3.100, and used to finance the maintenance of arterial boulevard planting strips.
The City shall not accept maintenance responsibility for the landscaping abutting said streets
until such time as all fees are collected for each phase that abut said streets.
21. MUPs along estate walls must have a 1-foot landscape buffer between the base of wall and
the edge of the path. MUPs should not be crossed by driveways as there is a risk to the path
users due to vehicle movement. Lots 638 through 643 should either be rear loaded (i.e., use a
dedicated rear alley to provide vehicular lot access), or in an alternative approved
configuration, provide vehicular lot access that does not result in residential driveways
crossing the MUP.
22. In accordance with PMC 3.50.070, relating to park impact fee reductions, the development
shall have the impact fee waived with the dedication of a fully developed five -acre
neighborhood park. If proposed Tract A will be dedicated as park land but not as a fully
developed park, the development shall be credited an 88 percent reduction in park impact
fees for the dedication of the park and construction of MUPs. This reduction shall apply at
fee assessment during the building permit process.
23. Traffic impact fees in the amount of $489,210.00 shall be paid.
24. Traffic, park, and school impact fees will be collected prior to issuance of individual building
permits for each new dwelling after final plat recordation. 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.
Dated this 2 / day of November, 2024
City of Pasco HEARING EXAMINER
Andrew L. Kottkamp
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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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