HomeMy WebLinkAboutPP 2024-001 HE Decision 2024.12.27CITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
PP 2024-001
CONCLUSIONS OF LAW, AND
) DECISION AND
Peak Towneplace ) CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on December
11, 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: Tract 2 in Record of Survey, Auditors File Number 1989287, Franklin County,
WA.
1.2. General Location: Northwest corner of Road 68 and W Court Street, Pasco, Washington.
1.3. Property Size: 8.47 Acres
2. ACCESS: The property has public road access from Road 68 and W Court Street.
3. UTILITIES: Municipal water and sewer is available in Road 68, water and sewer lines will be required
to extend "to -and -through" the property frontages on Road 68 and W Court Street as determined
necessary during a concurrency review.
4. LAND USE AND ZONING: The property is zoned R-3 (Medium Density Residential) and is
unimproved. Surrounding properties are zoned and developed as follows:
4.1. North: R-S-20 Residential Suburban; Single Family Homes
4.2. East: R-2, R-3 & C-1 Medium Density Residential & Retail Business; Single Family Home &
Commercial Plant Nursery/Garden Center
4.3. South: R-2 & C-1 Medium Density Residential & Retail Business; Residential Development &
Undeveloped Land
4.4. West: R-1 Low Density Residential/Single Family Homes on 2.5 to 9 acre parcels with crop
production
COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates the Land Use on this
site as Mixed Residential/Commercial and Medium Density Residential. The Mixed
Residential/Commercial Land Use designation is described as accommodating a diverse range of
housing, nonresidential uses, commercial uses, neighborhood retail and office uses, parks and
recreation areas, and civic uses at a density of 5 to 29 dwelling units per acre (du/ac), and may be
assigned R-1, R-2, R-3, R-4, C-1, O, and MU zoning district designations.
5.1. Medium Density Residential Land Use designation allows for a residential density of 6 to 20 du/ac
and may be assigned R-2 through R-4 and RP zoning districts.
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15. The project will involve the creation of three new roads that dwellings will have access from, and
improvements to two adjacent roadways, Road 68 and W Court Street.
16. Water and Sewer will be extended to and through the right-of-way to provide all lots with access to
utilities.
17. Lots noted as 52, 53, 54, 66, and 67 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.
18. The road labeled `Denali Lane' on the plat will extend the width of the parcel for future extension upon
the development of Parcel 118-502-022.
19. Water rights, if available, shall be deeded to the City. If no water rights are available an in -lieu of fee
must be paid prior to recording of any final plat per PMC 3.35.160 and 21.05.120.
20. Traffic, Park, and School impact fees will be collected for each lot prior to building permits being issued
for new residences.
21. A Notice of Application with Optional SEPA Determination of Non -Significance was issued on March
4, 2024.
22. A SEPA MDNS Issued for SEPA 2024-010 on November 26, 2024.
23. Public comment was received from DAHP and Pasco resident L. Andros.
24. Notice of Public Hearing was sent to property owners within 300 feet of the subject property and posted
on the City website on November 25, 2024 and published in the Tri-City Hearld newspaper on
November 27, 2024.
25. 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:
25.1. 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;
25.1.1. The proposed subdivision will be serviced by City emergency services. 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.
25.1.2. 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.
25.2. The proposed subdivision contributes to the orderly development and land use patterns in
the area;
25.2.1. The proposed development will contain various types of residential single-family
dwellings and will match the single family dwelling pattern within the area. While the lot
sizes are smaller than those typically found in residential areas within the immediate vicinity,
each lot will be developed to comply with the zoning code of Medium Density Residential
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and will be in conformance with the underlying land use designation of Mixed Residential
and Commercial as designated within the City of Pasco's Comprehensive Plan.
25.2.2. 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.
25.3. The proposed subdivision conforms to the policies, maps and narrative text of the
Comprehensive Plan;
25.3.1. Pasco's Comprehensive Plan Future Land Use Map designates the land as "Mixed
Residential and Commercial" which allows for the R-1, R-2, R-3, R-4, C-1, O, and MU
zoning designations and accommodates a diverse range of housing, nonresidential uses,
commercial uses, neighborhood retail and office uses, parks and recreation areas, and civic
uses at a density of 5 to 29 dwelling units per acre. Medium Density Residential with allows
for residential development at a density between 6 and 20 du/ac. The sites zoning designation
and proposed density of approximately 8.6 du/ac conforms with the Comprehensive Plan per
PMC 25.215.015. Further, the proposal aligns with the policies of the Comprehensive Plan
such as:
25.3.1.1. Land Use Policy LU-4-13: Encourage infill and higher density uses within
proximity to major travel corridors and public transportation service areas.
25.3.1.1.1. The proposed site is infill development at a higher density than
surrounding areas. The proposed site is also adjacent to two Principal Arterial
roads, Road 68 and W Court Street.
25.3.1.2. Land Use Policy LU-5-13: Encourage higher residential densities within and
adjacent to major travel corridors, Downtown (Central Business District), and
Broadmoor.
25.3.1.2.1. The proposal involves higher density than surrounding areas and is
adjacent to two Principal Arterial roads.
25.3.1.3. Housing Policy H-1-13: Higher intensity housing should be located near arterials
and neighborhood or community shopping facilities and employment areas.
25.3.1.3.1. The proposal is higher in density than surrounding areas and is located
adjacent to two Principal Arterial roads. Further, it is located adjacent to
commercially developed lands and vacant lands zoned for commercial
opportunities.
25.4. The proposed subdivision conforms to the general purposes of any applicable policies or
plans which have been adopted by the City Council;
25.4.1. 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:
25.4.1.1. 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.
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25.4.1.1.1. 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.
25.5. The proposed subdivision conforms to the general purposes of this title;
25.5.1. PMC 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 PMC Title 21 in all respects.
25.6. The public use and interest will be served by approval of the proposed subdivision.
25.6.1. 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.
26. An open record public hearing was held, after legal notice, on December 11, 2024.
27. The applicant did not appear at the hearing. The applicant was given notice of the date, place, and time
of the hearing.
28. Testifying from the public was Larry Andros. Mr. Andros had traffic concerns regarding the Road 68
and Court intersection.
29. The entire planning file of record was admitted into the hearing record.
30. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
31. 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
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 2024-001 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The Peak Towneplace subdivision shall be developed in substantial conformance with the submitted
Plat. The subdivision shall contain 73 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.
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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.
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. The pedestrian walkway running parallel to Lot 68 shall be paved and separated from the driveway of
lots 65, 66, and 67 by a fence. The paved pedestrian walkway shall extend from the sidewalk of
`Everest Loop' to the sidewalk of West Court Street.
15. Lots utilizing PMC 21.20.060 shall comply and meet the requirements of said section.
16. The final plat shall detail existing conditions, such as the names of neighboring subdivisions and
property lines of all adjacent properties.
17. 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."
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Dated this day of December, 2024
CITY OF PASCO HEARING EXAMINER
Andrew L. Kottkamp
Absent a timely appeal, this Decision is final'
I 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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