HomeMy WebLinkAboutPP 2024-006 Hearing Examiners Decision 2024.10.18CITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
PP 2024-006 ) DECISION AND
Crossings at Pearl St. Preliminary Plat ) CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on October 9,
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. PROPERTY DESCRIPTION:
1.1. Abbreviated Legal-
1. 1. I.Parcel 113-460-160: SHORT PLAT 2014-29 LOT 3
1.1.2.Parcel 113-460-161: SHORT PLAT 2014-29 LOT 4
1.1.3.Parcel 113-460-162: SHORT PLAT 2014-29 LOT 5
1.2. General Location: The end of W Pearl Street east of N 4th Avenue in Pasco, Washington.
1.3. Property Size:
1.3.1.Parcel 113-460-160: 1.85 Acres
1.3.2.Parcel 113-460-161: 2.02 Acres
1.3.3.Parcel 113-460-162: 2.42 Acres
1.3.4.Tota1: 6.29 Acres
2. ACCESS: The property has access from W Pearl Street and via an access easement that connects to N
4th Avenue.
3. UTILITIES: Municipal water and sewer are available to the site from W Pearl Street. Sewer extends
through the vacant property running north to south.
4. LAND USE AND ZONING: The property is zoned R-3 and is currently developed with a single family
dwelling unit and various accessory structures. Surrounding properties are zoned and developed as
follows:
4.1. North: I-1 Light Industrial/Freight Logistics Development
4.2. East: I-1 Light Industrial/BNSF Railway Property
4.3. South: R-3 Medium Density Residential/Multiple Dwelling Development
4.4. West: R-3 Medium Density Residential/Multiple Dwelling Development
5. COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates this site as "High
Density Residential." The High -Density Residential designation is described as a variety of residential
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Crossings at Pearl St. Preliminary Plat
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housing at a density of 21 dwelling units per acre or more, and may be assigned the R-4 zoning district
designation.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the SEPA checklist (SEPA2024-027), 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 October 2, 2024, for this project under WAC 197-11-355.
7. Applicant proposes to subdivide three properties totaling 6.29 acres into 71 individual lots for single
family attached dwellings within the R-3 Low Density Residential zoning district. New streets will be
developed as a part of the development with an alternate design including easements to provide ample
access to residents and the public. The proposed dwellings would be attached single family units.
8. History: The site was annexed into the City in 1949 via Ordinance 0649, a zoning determination
applicable to the annexation was not readily available. Records readily available do not indicate a
history of modifications to it's current zoning of R-3 Medium Density Residential.
9. Lot & Right -of -Way Layout:
9.1. The proposed plat would create 71 lots, all designated for residential development. Land would be
dedicated and developed into new roadways, including an extension of W Pearl Street that would
loop and connect to an access easement extension of the Housing Authority property (Parcels 113-
460-158 & 113-460-159) to provide access to the newly created lots. The new roadway would be
a mix of public right-of-way and easements to provide access to city representatives for
maintenance of the improvements, the roadway would contain 42 feet of public right-of-way and
9 feet of access/maintenance easement on each side of the right-of-way. The applicant shall be
required to obtain easements for fire turnaround on dead end roads and an easement for a
Secondary Emergency Vehicle Access Easement (SEVA) to meet the requirements of life safety
codes.
9.2. The proposed lots vary in size from 2,125 sq. ft. to 6,706 sq. ft. The applicant has stated that the
structure design will be single family attached housing (split lot line development, row homes,
etc.), the minimum lot sizing required for this style of construction is 1,500 sq. ft. Therefore all
lots will meet the required minimum lot size for the underlying zoning designation. Lots at or
above 2,500 sq. ft. in size may be developed with single family detached housing. All lots within
the plat will be provided access to public right-of-way.
10. Notice of the public hearing was sent to property owners within 300 feet of the subject property and
the newspaper on September 25, 2024.
11. An application for the proposed plat was submitted on May 14th, 2024 and determined to be complete
on May 28th, 2024.
12. The proposed site is covers Parcels 113-460-160, 113-460-161, and 113-460-162 in Pasco, WA.
13. The site's zoning is R-3 Medium Density Residential.
14. The applicant proposes 71 new residential lots.
15. The site is currently undeveloped.
16. The project will involve the construction of new roadways to provide access to the new lots, including
the extension of W Pearl Street.
17. Water and Sewer will be extended to and through the right-of-way to provide all lots with access to
utilities.
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18. Water rights shall be either deeded to the City or an in -lieu of fee paid prior to recording of any final
plat.
19. Park and School impact fees will be collected for each lot prior to building permits being issued for
new residences.
20. The site is located east of 20th Avenue and is not required to pay a Traffic Impact Fee and is therefore
not included in the geographic scope in PMC 3.40.030.
21. 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:
21.1. 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;
21.1.1. The proposed subdivision will be serviced by City emergency services and is located
approximately 0.3 miles from Volunteer 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.
21.1.2. Park and school impact fees will be collected with each building permit issued for a new
dwelling to account for impacts to the school system and park land improvements and
maintenance.
21.2. The proposed subdivision contributes to the orderly development and land use patterns in
the area;
21.2.1. The proposed development will contain various types of residential dwellings and will
match the residential 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 Medium Density Residential and will be in conformance with the underlying
land use designation of High Density Residential which applies for the residentially
designated lands in the general vicinity.
21.2.2. 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.
21.3. The proposed subdivision conforms to the policies, maps and narrative text of the
Comprehensive Plan;
21.3.1. Pasco's Comprehensive Plan Future Land Use Map designates the land as "High Density
Residential" which allows for R-4 zoning designation and allows for a variety of residential
housing at a density of 21 or more dwelling units per acre. The sites zoning designation and
proposed density of 11.3 dwelling units per acre may not conform directly with the density
detailed in the comprehensive plan but meets the intent of Medium Density Residential
zoning it is currently designated. Further, the proposal aligns with the policies of the
Comprehensive Plan such as:
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21.3.1.1. 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-3 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.
21.3.1.2. 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 medium density residential infill development in an area that has seen
residential development in recent years.
21.3.1.3. 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 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.
21.4. The proposed subdivision conforms to the general purposes of any applicable policies or
plans which have been adopted by the City Council;
21.4.1. 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:
21.4.1.1. 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.
21.5. The proposed subdivision conforms to the general purposes of this title;
21.5.1. 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.
21.6. The public use and interest will be served by approval of the proposed subdivision.
21.6.1. 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.
22. An open record public hearing was held, after legal notice, on October 9, 2024.
23. Appearing and testifying on behalf of the Applicant was Nathan Machiela. Mr. Machiela testified that
he was an agent authorized to appear and speak on behalf of the property owner and Applicant. Mr.
Machiela stated that they agreed with the representations set forth within the staff report and the
proposed Conditions of Approval.
24. No member of the public testified at the hearing.
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Crossings at Pearl St. Preliminary Plat
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25. The following exhibits were admitted into the record:
25.1.
Ex. 1
Preliminary Plat Application — Applicant;
25.2.
Ex.2
Survey —Applicant;
25.3.
Ex. 3
Title Report —Applicant;
25.4.
Ex. 4
Mid -Block Connection Proposal —Applicant;
25.5.
Ex. 5
Overview Map — City of Pasco;
25.6.
Ex. 6
Vicinity Map — City of Pasco;
25.7.
Ex. 7
Land Use Map — City of Pasco;
25.8.
Ex. 8
Zoning Map — City of Pasco;
25.9.
Ex. 9
Comprehensive Plan Map — City of Pasco;
25.10.
Ex. 10
Photos — City of Pasco;
25.11.
Ex. 11
SEPA Determination — City of Pasco;
25.12.
Ex. 12
Affidavit of Mailing — City of Pasco;
25.13.
Ex. 13
Affidavit of Posting — City of Pasco.
25.14.
Ex. 14
October 8, 2024 Comment from Sanders;
25.15.
Ex. 15
Staff Report.
26. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
27. 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, PP 2024-006 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The Crossings at Pearl St. subdivision shall be developed in substantial conformance with the
submitted Plat, except as herein modified. The subdivision shall contain 71 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
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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."
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.
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 developer shall obtain easements for and develop fire turnarounds and a Secondary Emergency
Vehicle Turnaround as required by Internation Fire Code prior to recording of final plat. These
easements shall be recorded and shown and shown on any final plat submittals.
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."
Dated this day of October, 2024
CITY OF PASCO 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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