HomeMy WebLinkAboutPP 2024-004 Hearing Examiner Decision 2024.08.01CITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
PP 2024-004 ) DECISION AND
Kimmie Estates ) CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on July 24,
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. Abbreviated Legal: LOT 3, SHORT PLAT NO. 85-02, ACCORDING TO THE SURVEY THEREOF
RECORDED UNDER AUDITO'S FILE NO. 439401, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT
THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT 3, SAID POINT BEING ON THE
EAST RIGHT-OF-WAY MARGIN OF ROAD 44 AND THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID EAST RIGHT-OF-WAY MARGIN AND ALONG THE NORTH LINE OF
SAID LOT 3 NORTH 89022'26" EAST 125.02 FEET, THENCE LEAVING SAID NORTH LINE
SOUTH 35006'29" EAST 112.18 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 3;
THENCE ALONG SAID SOUTH LINE SOUTH 89023'04" WEST 190.02 FEET TO THE TRUE
POINT OF BEGINNING. PARCEL RS-1968785.
2. General Location: Parcel 119-512-299 in Pasco, Washington.
3. Property Size: 2.22 acres.
4. ACCESS: The property has access from W Henry Street.
5. UTIL,ITIES: Municipal water is available in available W Henry Street, municipal sewer will need to be
extended to serve the property and is available at the intersections of W Henry Street/Road 44 and W
Henry Street/Road 42.
6. LAND USE AND ZONING: The property is zoned R-I (Low Density Residential) and is currently
undeveloped.
6.1. North: RS-12 Low Density Residential/Tri City Adventist School Track
6.2. East: RS-12 Low Density Residential/Single Family Dwelling
6.3. South: RS-12 Low Density Residential/Single Family Dwelling
6A. West: RS-12 Low Density Residential/City of Pasco Heritage Park
7. 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.
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8. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the SEPA checklist (SEPA2024-021), 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 July 1, 2024, for this project under WAC 197-11-355.
9. Request: Applicant proposes to subdivide a 2.22-acre parcel into 11 individual lots for single family
dwellings within the R-1 Low Density Residential zoning district.
10. History: The site was annexed into the City via Ordinance 3144 and subsequently assigned the RS-12
(Residential Suburban) zoning designation via Ordinance 3145. The site was subsequently rezoned to
R-1 (Low Density Residential) in 2024 via Ordinance 4707. The site is undeveloped with a post and
wire fence located around and inside the property.
11. Lot & Right -of -Way Layout: The proposed plat would create 11 lots, 10 of which are located on a cul-
de-sac, with the remaining lot being on W Henry Street. The property is encompassed by single family
development to the east and west, a school track facility to the north, and a public park to the south.
Due to the existing development surrounding the property a cul-de-sac is justified in this location. The
cul-de-sac will also have a pedestrian access easement on the southern end to provide public access to
adjacent park.
11.1. The lots vary in size from 5,017 sq. ft. to 10,1.54 sq, ft. with the largest lot being located
outside of the cul-de-sac and on W Henry Street. The cul-de-sac will be constructed to meet the
requirements of the Pasco Design and Construction Standards and the Pasco Municipal Code
(PMC).
12. Notice of the public hearing was sent to property owners within 300 feet of the subject property and
the newspaper on July 7, 2024.
13. An application for the proposed plat was submitted on May 1st, 2024 and determined to be complete
on May 6th, 2024.
14. The proposed site is Parcel 4 119-512-299 in Pasco, WA.
15. 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.
16. The proposed number of lots equates to approximately 4.95 dwelling units per acre.
17. The site is undeveloped with a post and wire fence located around and inside the property.
18. The project will involve the construction of a new cul-de-sac to provide access to 10 of the new lots.
19. A public access easement will be provided at the south end of the cul-de-sac to provide connectivity to
the adjacent public park.
20. The proposal is located adjacent to local access roads and as such does not require boulevard
landscaping.
21. Water and sewer services will be extended to and through the development to provide municipal
services to the new lots.
22. Water rights shall be either deeded to the City or an in -lieu of fee paid prior to recording of any final
plat.
23. Traffic, Park, and School impact fees will be collected for each lot prior to building permits being issued
for new residences.
24. An open record public hearing was held, after legal notice, on July 24, 2024.
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25. Appearing and testifying on behalf of the Applicant was Robert McLeod. Mr. McLeod 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. Mr. McLeod indicated that no variances would be necessary in order for the
developer to build a single-family residence with the normal accessory structures. He further stated that
there would be a walking path to the park that is adjacent to the property.
26. No member of the public testified at the hearing.
27. 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:
27.1. 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;
27.1.1. The proposed subdivision will be serviced by City emergency services and will provide
access through the development to the adjacent Heritage 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 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.
27.1.2. 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.
27.2. The proposed subdivision contributes to the orderly development and land use patterns in
the area;
27.2.1. The proposed development may contain various types of residential dwellings and will
match the single family dwelling pattern within the vicinity. While the lot sizes are generally
smaller than those in the surrounding area the overall density of the proposal aligns with the
Land Use that applies to the subject property and surrounding properties.
27.2.2. The development will also be required to construct row -of -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 row -of -way
improvements are not present. MUPs will also be provided on Burns Road, Road 52, and
Deseret Lane which will connect to the MUPs of nearby and adjacent developments.
27.3. The proposed subdivision conforms to the policies, maps and narrative text of the
Comprehensive Plan;
27.3.1. 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:
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27.3.1.1. 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 the
growth patterns and market demand within each of the City's land use designations:
The proposed plat involves infill development meeting the Comprehensive Plans
requirements for density within an area that is currently below the density standards.
27.3.1.2. Housing Policy H-3-C: Utilize design and landscaping standards to ensure all
residential development exhibits a consistent level of access, quality, and appearance:
The proposed design is typical to the area for infill parcels with access and connectivity
issues caused by historical development. The applicant also proposes to provide a public
access easement that may be used by pedestrians to access the park through the
development.
27.3.1.3. 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 proposal will
provide impact fees during the permitting process to address the impacts on traffic,
parks, and schools.
27.4. The proposed subdivision conforms to the general purposes of any applicable policies or
plans which have been adopted by the City Council;
27.4.1. 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:
27.4.1.1. 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
conform to and use.
27.5. The proposed subdivision conforms to the general purposes of this title;
27.5.1. 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.
27.6. The public use and interest will be served by approval of the proposed subdivision.
27.6.1. 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.
28. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
29. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
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H. 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, PP2024-004 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The Kimmie Estates subdivision shall be developed in substantial conformance with the submitted
Plat. The subdivision shall contain I 1 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.
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.
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10. Street lighting will be required per City standards.
11. The Pedestrian Access easement shown between lots 6 and 7 shall be improved with a hard surfaced
walking path.
12. All stormwater is required to be maintained and treated on site in accordance with Washington State
Department of Ecology and City of Pasco Standards.
13. All utilities to be extended to -and -through the property being developed.
14. The final plat shall detail existing conditions, such as the names of neighboring subdivisions and
property lines of all adjacent properties.
15. 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."
9,-r
Dated this day of August, 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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