HomeMy WebLinkAboutPP2024-005 HE Decision 2024.12.27CITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF
PP 2024-005
Haven Capital, LLC Preliminary Plat
FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
DECISION AND
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: SHORT PLAT 94-7 LOT 1 AND ALL THAT PORTION OF THAT CERTAIN
20.00-FOOT RIGHT- OF -WAY VACATED VIA CITY OF PASCO ORDINANCE 4727.
1.2. General Location: 9903 W Court Street (Parcel 118-292-143) in Pasco, Washington.
1.3. Property Size: 3.34 Acres
2. ACCESS: The property has public road access from W Court Street.
3. UTILITIES: Municipal water and sewer is available along W Court Street.
4. LAND USE AND ZONING: The property is zoned R-1 Low Density Residential and contains a single
family dwelling and appurtenances. Surrounding properties are zoned and developed as follows:
4.1. North: RS-20; Single -Family Dwelling Units (SFDUs)
4.2. East: RS-20; SFDUs
4.3. South: RS-20; SFDUs, City of Pasco Park
4.4. West: RS-20; Vacant; SFDUs
5. COMPREHENSIVE PLAN: Per Pasco Municipal code (PMC) 25.215.015, the Comprehensive Plan
Lo -Density Residential designation accommodates a diverse range of housing at a density of 3 to 6
dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.
Based on the SEPA checklist (SEPA2024-024), the adopted City Comprehensive Plan, City
development regulations, State Agency Comments, and other information, a SEPA 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. The mitigation required in the MDNS is as follows:
6.1. A professional archaeological survey of the project area must be conducted, and a report be
produced prior to ground disturbing activities. This report should meet DAHP standards for
cultural resource reporting (DAHP Project Tracking Code: 2024-05-03706.2)
6.2. The applicant must properly abandon/decommission any unused wells and must submit
abandonment reports to Washington State Department of Ecology, as described in WAC 173-160-
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Haven Capital, LLC Preliminary Plat
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381. This includes resource protection wells and any dewatering wells installed during the
construction phase of the project.
7. The final SEPA threshold determination was not appealed.
8. Applicant Cody Fielding, on behalf of Haven Capital, LLC simultaneously submitted applications for
a 14-Lot Preliminary Plat (PP 2024-005), Rezone application (Z 2024-003) from RS-20 Suburban
District to R-1 Low -Density Residential District, and a Right -of -Way Vacation (VAC 2024-003) for the
20-foot Right -of -Way located along the eastern property line of Lot 1 of Short Plat 94-7 and for Lot 1
of Short Plat No. 94-7.
9. The Right -of -Way vacation and rezone of the property was required prior to consideration of the
Alvarado/9903 W Court Street Preliminary Plat Application, PP 2024-005. VAC 2024-003 was
approved and became effective September 27, 2024 and the rezone of the subject property to R-1 Low
Density Residential was approved and became effective October 18, 2024.
10. The subject property was annexed into the City in 2015 via Ordinance 4222 and assigned RS-20
Suburban District zoning via Ordinance 4221 in conjunction with the annexation. The subject property
was rezoned in 2024 to R-1 Low Density Residential via Ordinance 4733.
11. The proposed plat would create 14 lots designated for residential development. Land would be
dedicated and developed to provide access to the newly created lots resulting in the creation of one new
road, improvements adjacent to W Court Street frontages, and an access easement serving Lot 10.
12. The subdivision will have one access point, from W Court Street, no lot created within the proposed
plat will be allowed direct access to this road.
13. The proposed lots vary in size from 6,000 square feet (sq ft) to 14,451 sq ft. R-1 zoning districts allow
minimum lot sizing and frontage widths depending on the type of structure to be built on the lot.
14. All lots will be provided direct access to public right-of-way except for Lot 10, which will be accessed
from an access easement using the regulations prescribed in PMC 21.20.060 Lots without public street
frontage. The street 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 is proposed to have
the required 60' right-of-way width for Local Access Streets.
15. An application for the proposed plat, PP 2024-005, was submitted on May 7, 2024 and determined to
be complete on May 15, 2024.
16. The subject property is generally located at 9903 W Court Street, Parcel 118-292-143,in Pasco, WA.
17. The subject property's Comprehensive Plan designation is Low Density Residential which allows for
residential development at a density between 3 and 6 du/ac acre. The proposed number of lots equates
to approximately 4.1 dwelling units per acre.
18. A portion of the subject property is currently developed with an existing dwelling. However, most of
the site is undeveloped and the existing dwelling will be demolished for subdivision construction.
19. The project will involve the creation of one new road connecting to W Court Street and ending in a cul-
de-sac, `A' Court', that dwellings will have access from, and right-of-way improvements to W Court
Street. No new individual lot access will be provided to W Court Street.
20. Water and Sewer will be extended to and through the right-of-way to provide all lots with access to
utilities.
21. Lots and 9 will have single family attached dwellings because lot frontage is less than 40 feet.
22. Lot 10 does not public street frontage.
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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. A NOA_ODNS was issued on May 15, 2024.
26. Public Comment was received from Ecology, Franklin County Irrigation District, DAHP, and BPA.
27. A SEPA MDNS for SEPA 2024-024 was issued July 1, 2024.
28. The site was rezoned to R-1 Low Density Residential effective October 18, 2024.
29. Notice of the public hearing was sent to property owners within 300 feet of the subject property and
parties of record on November 25, 2024, and published in the Tri-City Hearld newspaper on November
27, 2024.
30. 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:
30.1. 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;
30.1.1. 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.
30.1.2. 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.
30.2. The proposed subdivision contributes to the orderly development and land use patterns in
the area;
30.2.1. The proposed development will contain 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 residential areas within the immediate vicinity, each lot will be
developed to comply with the Low Density Residential zoning district regulations and will
be in conformance with the underlying Comprehensive Land Use designation of Low Density
Residential.
30.2.2. 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.
30.3. The proposed subdivision conforms to the policies, maps and narrative text of the
Comprehensive Plan;
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Haven Capital, LLC Preliminary Plat
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30.3.1. Low Density Residential with allows for residential development at a density between 3
and 6 du/ac. The proposed density of the preliminary plat is approximately 4.1 du/ac.
30.3.1.1. Land Use Policy LU-4-B: Encourage infill and higher density uses within
proximity to major travel corridors and public transportation service areas.
30.3.1.1.1. The proposed site is infill development at a higher density than
surrounding areas. The proposed site is also adjacent to a Principal Arterial road,
W Court Street.
30.3.1.2. Land Use Policy LU-5-B: Encourage higher residential densities within and
adjacent to major travel corridors, Downtown (Central Business District), and
Broadmoor.
30.3.1.3. Housing Policy H-1-B: Higher intensity housing should be located near arterials
and neighborhood or community shopping facilities and employment areas. T
30.3.1.3.1. The proposal involves higher density than surrounding areas and is
adjacent to a Principal Arterial road, W Court Street.
30.4. The proposed subdivision conforms to the general purposes of any applicable policies or
plans which have been adopted by the City Council;
30.4.1. 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 section (3) of this
document.
30.5. The proposed subdivision conforms to the general purposes of this title;
30.5.1. 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.
30.6. The public use and interest will be served by approval of the proposed subdivision.
31. 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 ofthe 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.
32. An open record public hearing was held, after legal notice, on December 11, 2024.
33. Appearing and testifying on behalf of the Applicant was Cody Fielding. Mr. Fielding testified that he
was an agent of the property owner and Applicant. Mr. Fielding indicated that he agreed with the
representations set forth within the staff report and the proposed Conditions of Approval.
34. Only one member of the public wished to testify. This person was online and was having difficulty with
her microphone. The Hearing Examiner kept the record open until February 13, 2024 for written
comment.
35. A written comment was submitted on December 11, 2024 by Deborah Rodgers. This comment is
admitted into the record. Ms. Rodgers had concerns regarding what she described as an easement for
the power pole behind her property. She wanted to be able to have access to that power pole from her
property. She also requested a walking path between the two houses that are behind her property to get
to the Cul De Sac so that they could walk down to the river from their property.
36. The entire planning staff file of record was admitted into the record at the hearing.
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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.
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 2024-005 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The Alvarado/9903 W Court Street subdivision shall be developed in substantial conformance with the
submitted Plat. The subdivision shall contain 14 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 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
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their system improvement requirements. Prior to subdivision construction plan submittal and/or review,
the property owner/developer shall provide the City of Pasco written supportlapproval 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 with frontage less than 40 feet in width must be developed with single family attached dwellings
per PMC 25.22.040.
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. Civil plans submitted for City approval must be designed and stamped by a Washington State Licensed
Civil Engineer.
18. A fire hydrant shall be added at the start of the cul-de-sac with the subdivision utility permitting.
19. An address monument marker is required at the cul-de-sac for lot 10.
20. Per PMC 21.25.080 a preliminary plat shall be valid for a five-year period following Hearing Examiner
approval of the preliminary plat unless a written request is filed and approved per PMC 21.25.080(4).
Dated this day of December, 2024
CITY OF PASCO HEARING EXAMINER
�I
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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Haven Capital, LLC Preliminary Plat
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