HomeMy WebLinkAboutPP 2024-002 Hearing Examiner Determination_ApprovedCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
} CONCLUSIONS OF LAW, AND
PP2024-002 ) DECISION AND
Guardians Nest ) CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on June 12,
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. APPLICANT: Juan Ochoa PO Box 4866, Pasco, WA 99302
2. REQUEST: Preliminary Plat: Subdivision of a parcel to create 20 lots within the R-1 Low
Density Residential zoning district.
3. Timeline:
3.1. 1 April 2024 Application Submitted
3.2. 18 April 2024 Application Deemed Complete
3.3. 29 May 2024 SEPA Mitigated Determination of Non -Significance Issued
3.4. 29 May 2024 Application Noticed for Public Hearing
3.5. 5 June 2024 Public Hearing Staff Report Published
4. PROPERTY DESCRIPTION:
4.1. Abbreviated Legal: SHORT PLAT 98-17 LOT 1
4.2. General Location: 916 Road 56 (Parcel 4 119-631-060) in Pasco, Washington.
4.3. Property Size: 3.34 acres.
5. ACCESS: The property has access from Road 56 and Castle Holly Court.
6. UTILITIES: Municipal water is available in Road 56 and Castle Holly Court, municipal sewer is
located approximately 750 feet to the south at the intersection of Road 56 and W Sylvester Street. Sewer
will be extended to the property.
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7. LAND USE AND ZONING: The property is zoned R-I (Low Density Residential) and is currently
developed with a single family dwelling unit and various accessory structures. Surrounding properties
are zoned and developed as follows:
North: RS-20 Low Density Residential/Single Family Homes
East: RS-20 Low Density Residential/Single Family Homes
South: RS-20 Low Density Residential/Single Family Homes
West: RS-20 Low Density Residential/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 RS-20, RS-12, RS-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 (SEPA2024-014), 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 May 29th, 2024, for this project under WAC 197-11-355.
This MDNS was not appealed.
10. Applicant proposes to subdivide a 3.34-acre parcel into 20 individual lots for single family dwellings
within the R-1 Low Density Residential zoning district. The existing house will remain on one of the
lots with the remaining 19 lots being developed with a mix of attached and detached single family
dwellings. The plat also proposes to use Pasco Municipal Code (PMC) 21.20.060 "Lots without public
street frontage" to provide access to the westernmost two lots via access easement.
11. The site was annexed into the City in 2013 via Ordinance 4077 and subsequently assigned the RS-20
(Residential Suburban) zoning designation via Ordinance 4078. The site was subsequently rezoned
from RS-20 to R-1 (Low Density Residential) in 2024 via Ordinance 4713. The site contains an existing
dwelling and pole building that were constructed around 1976.
12. Lot & Right -of -Way Layout:
12.1. The proposed plat would create 20 lots, 19 designated for new residential development.
Land would be dedicated and developed adjacent to the existing Castle Holly Court, W Margaret
Street, and a new road (listed as N Road 57 on the plat) to provide access to the newly created lots
and connect Castle Holly Court to W Margaret Street.
12.2. The proposed lots vary in size from 3,360 sq. ft. to 11,299 sq. ft. It should be noted that the
largest lot in the plat, at 11,299 sq. ft., is designated for the existing dwelling. While some of the
lots greatly exceed minimum lot sizing for the R 1 zoning district, 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. Lots below 4,000 sq. ft. in area must be developed with a form
of attached dwelling unit such as zero -lot line or row housing structures.
123. All lots will be provided direct access to public right-of-way except for lots 1 and 6 noted
on the preliminary plat. These lots will be accessed from N Road 57 via an access easement using
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the regulations prescribed in PMC 21.20.060 "Lots without public street frontage" across lots 3
and 4. All streets within the plat will be required to be constructed to the requirements and
standards of the Pasco Municipal Code and Pasco Design and Construction Standards and are
proposed to have the required 60' right-of-way width for Local Access Streets.
13. Notice of the public hearing was sent to property owners within 300 feet of the subject property and
the newspaper on May 29, 2024. This Complies with the Notice required by the Pasco Municipal Code
14. An application for the proposed plat was submitted on April 1 st, 2024 and determined to be complete
on April 18th, 2024.
15. The proposed site is 916 Road 56 (Parcel # 119-631-060) in Pasco, WA.
16. The site was rezoned from RS-20 (Residential Suburban) to R-1 (Low Density Residential) in 2024
(Z2024-003).
17. The site's Comprehensive Plan designation is Low Density Residential which allows for residential
development at a density between 3 and 6 dwelling units per acre.
18. The proposed number of lots equates to 6 dwelling units per acre.
19. The site is currently developed with an existing dwelling and various accessory structures. The
accessory structures will be removed from the site but the dwelling will remain on Lot 18.
20. The project will involve completing right-of-way improvements to finish Castle Holly Court and
Margaret Street and develop a new road to connect Castle Holly Court and Margaret Street noted as "N
Road 57" on the plat.
21. Water and Sewer will be extended to and through the right-of-way to provide all lots with access to
utilities.
22. Lots noted as 1 and 6 on the plat will utilize PMC 21.20.060 "Lots without public street frontage" and
provide an access easement to gain legal access to each lot.
23. Water rights shall be either deeded to the City or an in -lieu of fee paid prior to recording of any final
plat.
24. Traffic, park, and school impact fees will be collected for each lot prior to building permits being issued
for new residences.
25. 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 as follows:
25.1. The proposed subdivision will be serviced by City emergency services and is located
approximately 0.3 miles from Wade Park. The proposal is also dedicating and constructing
adequate right-of-way and will be required to construct the right-of-way to meet the requirements
of PMC and the Pasco Design and Construction Standards. These requirements include the
construction of new sidewalks adjacent to the right-of-way for safe pedestrian travel. Utilities such
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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.
25.2. 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.
26. The proposed subdivision contributes to the orderly development and land use patterns in the area as
follows:
26.1. The proposed development will contain various types of residential single family 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 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.
26.2. 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. This will differ from many of the surrounding properties as such right-of-way
improvements are not present.
27. The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan
as follows:
27.1. Pasco's Comprehensive Plan Future Land Use Map designates the land as "Low Density
Residential" which allows for the RS-20, RS-12, RS-I, R-1, R-1-A, and R-1-A2 zoning
designations and allows for a variety of residential housing at a density of 3 to 6 dwelling units
per acre. The sites zoning designation and proposed density of 6 dwelling units per acre conforms
with the Comprehensive Plan. Further, the proposal aligns with the policies of the Comprehensive
Plan such as:
27.1.1. 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 a mix of detached single-family dwellings
and attached (zero lot line, row housing, etc.) single-family dwellings.
27.1.2. Land Use Policy LU-2-13: 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.
27.1.3. 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
the site 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 properties that
may want to connect or bring utilities to their property.
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28. The proposed subdivision conforms to the general purposes of any applicable policies or plans which
have been adopted by the City Council as follows:
28.1. 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:
28.1.1. 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.
29. The proposed subdivision conforms to the general purposes of this title as follows:
29.1. 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.
30. The public use and interest will be served by approval of the proposed subdivision as follows:
30.1. The proposed plat 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.
31. An open record public hearing was held, after legal notice, on June 12, 2024.
32. 'The entire planning staff file was admitted into the record. This included public written comments
submitted by the following individuals after the issuance of the staff report.
32.1. Karen Keith
32.2. Asaul and Maria Campos
32.3. David Murphy
32.4. David Whitt
32.5. Robert and Tamara Bernard
32.6. Shirley and Cliff Nelson
32.7. John Michael and Melissa Wald
32.8. Darwin and Vickey Westlund
32.9. Sidney Albano
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32.10. Carl Enderlin
32.11. Ben and Karen Keith
32.12. Lori Passmore
32.13. Sandra Lott
32.14. Joseph and Paloma Mendez
32.15. Carl Enderlin (second comment)
32.16. David Whitt (second comment)
32.17. Jenny Tiegs (with photographs)
32.18. Heidi Whitt (with photographs)
32.19. Kathy and Billy Whitt
32.20. Gillian Petrie
33. Appearing and testifying on behalf of the Applicant was Juan Ochoa. Mr. Ochoa testified that he was
the agent authorized to appear and speak on behalf of the property owner. He stated that he agreed with
the representations set forth within the staff report and had no objection to any of the proposed
Conditions of Approval.
34. Testifying from the public were the following individuals:
34.1. David Whitt
34.2, Mary Peret
34.3. Asaul Campos
34.4. Sidney Albano
34.5. Carlos Quiroz
34.6. Gene Kysen
34.7. Cliff Nelson
34.8. Chole Greer
34.9. Aidan Roberts
34.10. Brett Lott
34.11. Carl Enderlin
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34.12. Justin Rolland
34.13. David Gonzalez
34.14. Maria Campos
34.15. Sandra Lott
34.16. Celeste Stanley
34.17. Heidi Whitt
34.18. Julie Scadalman
34.19. Bill Webber
34.20. Kristine Van Der Schoor
34.21. Kathy Whitt
34.22. Paloma Mendez
34.23. William Young
34.24. Harlan Scherer
34.25. Debra Lozier
34.26. Melissa Barakas
34.27. Billy Whitt
3 5. The concerns raised by the members of the public that testified at the hearing generally and consistently
related to density, that the type of development is out of character with neighboring properties,
inadequate notice of the hearing and traffic and related safety concerns due to the inadequacy of the
roads in the vicinity.
36. The Hearing Examiner would note that there was no traffic impact analysis performed for this project.
However, the City of Pasco Engineering Department and Department of Public Works both reviewed
the details of this project and had no concerns regarding traffic impacts related to the increased traffic
that would be created by these additional homes, or the adequacy of the roads to accommodate this
additional traffic. It was determined by the City of Pasco that the anticipated number of traffic trips did
not meet the standards that would require a traffic impact analysis. Accordingly, the traffic impact
analysis was not required.
37. The property was legally rezoned by Pasco City Council, and this determination was not appealed.
Accordingly, the density allowed within the R-1 low residential zoning district has been approved for
this parcel for the City of Pasco. As such, the City of Pasco has determined that the density allowed
within the R-1 low residential zoning district is not out of character with the surrounding properties.
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38. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
39. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
II. CONCLUSIONS OF LAW
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, PP 2024-002 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
The Guardians Nest subdivision shall be developed in substantial conformance with the submitted
Plat. The subdivision shall contain 20 residential lots.
2. All improvements shall be in accordance with the Pasco Municipal Code. The Pasco Municipal Code
adopts the most recent versions of the City of Pasco Standard Specifications, the Washington State
Department of Transportation Standard Specifications for Road, Bridges, and Municipal
Construction, the International Building Code, and International Fire Code. If there are any
conflicting regulations in any of these documents, the more stringent regulation shall apply.
3. The face of the final plat shall include this statement: "As a condition of approval of this plat the
owner has waived the right to protest the formation of a Local Improvement District for right-of-way
and utility improvements to the full extent as permitted by RCW 35.43.182."
4. The face of the final plat shall include this statement: "The individual or company making
improvements on a lot or lots of this plat is responsible for providing and installing all trench,
conduit, primary vaults, 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.
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7. Any and all overhead power is required to be re-routed below ground, unless the applicant can
demonstrate that such undergrounding is technically or financially unfeasible.
8. It shall be the responsibility of the property owner/developer to contact all utility owners to determine
their system improvement requirements. Prior to subdivision construction plan submittal and/or
review, the property owner/developer shall provide the City of Pasco written support/approval of the
proposed development from all outside utilities, public and private.
9. All fee payments for bonding of Right -Of -Way improvements and Water Rights must be paid at or
before the time of final plat being submitted for signatures.
10. Street lighting will be required per City standards.
11. 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. Lots below 4,000 sq. ft. shall be developed with structures as permitted in PMC Table 25.22.030(1).
Minor lot line adjustments may be permitted on the final plat to adjust lot sizing, proposals for minor
adjustments shall be submitted to Pasco Community and Economic Development Department for
review in accordance with PMC 21.25.080.
14. Lots utilizing PMC 21.20.060 shall comply and meet the requirements of said section.
15. The final plat shall detail existing conditions, such as the names of neighboring subdivisions and
property lines of all adjacent properties.
16. 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."
17. Lots 10, 11, 12, 15, 16 and 17 shall be adjusted so that the minimum lot size is 3,500 square feet.
Dated this /0 day of June, 2024
CITY OF ASCO HEARING EXAMINER
Andrew L. Kottkamp
Absent a timely appeal, this Decision is final'
1 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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