HomeMy WebLinkAboutHE Determination PP 2023-001 Magnolia HeightsCITY OF PASCO HEARING EXAMINER
IN THE MATTER OF
pp 2023-001
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FINDINGS OF FACT,
CONCLUSIONS OF LAW,
CONDITIONS OF APPROVAL AND
DECISION Magnolia Heights
Preliminary Plat
THIS MATTER having come on for hearing in front of the City of Pasco He aring Examiner on
February 14, 2024, the Hearing Examiner having taken evidence hereby submits the following
Findings of Fact, Conclusions of Law, and Decision and Conditions of Approval as follows:
1.
2.
I.FINDINGS OF FACT
TIMELINE:
DATE ACTION
5-Aug-2022 TIA Scope Letter Received
17-0ct-2022 Magnolia Heights Rezone C-1 to R-3 Approved
29-Dec-2022 Application Packet Received
25-Jan-2023 Traffic Impact Analysis Addendum Submitted
26-Jan-2023 SEPA Notice of Aoolication (NOA) Sent
Determination of Complete Application (DOCA)
26-Jan-2023 Sent
21-Feb-2023 Review Period extended to 3 Mar 2023
3-Apr-2023 First Comments Memo sent
19-Jun-2023 REV 2 Plat Received
20-Jun-2023 Review letter for Revised Plat sent out
20-Jun-2023 REV 3 Plat received
19-Jul-2023 Draft Barn Structure Revision submitted
28-Jul-2023 Updated Cultural Resource Survey submitted
2-0ct-2023 REV 4 Plat received
29-Dec-2023 TIA Review Letter Sent to Applicant
24-Jan-2024 TIA Mitigations Received/MDNS Issued
Legal: ALL TH PTN NE4 LY SE OF 18-9-29 RD 108 & S OF FCID CANAL, EXC TR'S 1 -
L & 1-M & EXC PEPPERMINT TERRACE 3RD & EXC PTN TO ST OF WA FOR SR 18 2
(413784) EXC PTN DAF: COMM AT NE COR SD SEC 18; TH S02D25'W ALG E LN SD
SEC, 1303.6'; TH S46D45'W ALG NWLY LN PLAT OF PEPPERMINT TERR 3RD
ADDN, 1187.11' TO TPOB; TH S46D45'W, 2234.78' TO N R/W MARG WEST COURT
ST; THN43Dl5'W ALG SD N R/W MARG, 125'; THN46D44'E, 215'; TH N43Dl5'W ,
408.79'; TH S02D13'W, 301.54' TO N R/W MARG W COURT ST; TH N43D15'W ALG SD
N R/W MARG, 42.08' TO CTRLN ROAD 108; TH N02D13'E ALG CTRLN RD 108,
pp 2023-001
Magnolia Heights
Page 1 of 13
1970.4 7' TO INTERSECT SLY R/W MARG CRESCENT RD; TH N46D42'E ALG SD SLY
R/W MARG, 51.34'; TH S43D l4', 1090'; TH N46D45'E 778.99'; TH S43D l 4'E, 657.51' TO
TPOB. (Parcels 118170168, 118170104, 11821024, 118 211033, 118211042, 118211051,
118211060, 118211079, 118211088, 118211097 (10 parcels)).
3.General Location: Said property is situated South of the FCID Canal between Crescent Road
and Road 100/Broadmoor Boulevard, Pasco, WA.
4.Site: The site contains approximately 67.97 acres (2,960,773.2 square feet) and is vacant,
except for a wood grain silo.
5.Applicant: P&R Construction LLC c/o Paul Lavrentiev, 105609 Wiser Parkway
Kennewick, WA 99338.
6.Request: The Applicant has submitted a Preliminary Plat for a 408-lot subdivision on
approximately 67.97 acres for a portion of the northeast¼ of Section 18, Township 9, North,
Range 29 East, W.M., Records of Franklin County, Washington (Parcels 118170168,
118170104, 1182110-24, -33, -42, -51, -60, -79, -88, and -97). Said property is located South
of the FCID Canal between Crescent Road and Road 100/Broadmoor Boulevard, in Pasco,
WA.
7.ACCESS: The site has access from Crescent Road and Road 100/Broadmoor Boulevard.
8.UTILITIES: Water and sewer are available in Crescent Road and Road 100/Broadmoor
Boulevard. The site covers two separate water pressure zones.
9. LAND USE AND ZONING: The site has recently been rezoned from C-1 (Retail Business)
and O (Office) with a concomitant agreement, to R-3 (Medium-Density Residential).
Surrounding properties are zoned and developed as follows:
North: C-1; R-3; R-4 Apartments; Offices/Commercial; Vacant
East: C-1; RS-12 Vacant; SFDUs
South: RS-20; RS-12 SFDUs
West: RS-12 SFDUs; Vacant
10.COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Medium
Density Residential uses. Those portions of the community designated for Medium-Density
Residential development by the Comprehensive Plan may accommodate a variety of
residential housing at a density of a minimum of 6 and a maximum of 20 dwelling units per
acre. Medium-Density Residential designated areas may accommodate R-2 through R-4
(Medium-Density Residential/High-Density Residential) and RP (Residential Park) zoning.
The proposal supports the following Comprehensive plan goals:
10.1 Land Use Goal LU-3: Maintain established neighborhoods and ensure new
neighborhoods are safe and enjoyable places to live.
10.2 Land Use Goal LU-4: Increase community accessibility through proper land use
planning.
10.3 Land Use Goal LU-5: Maintain a broad range ofresidential land use designations to
accommodate a variety of lifestyles and housing opportunities.
10.4 Land Use Policy LU-5-A: Allow a variety ofresidential densities throughout the
UGA.
pp 2023-001
Magnolia Heights
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10.5 Housing Goal H-1: Encourage housing for all economic segments of the city's
population consistent with the local and regional market.
10.6 Housing Goal H-3: Encourage housing design and construction that ensures long
term sustainability and value.
10.7 Housing Goal H-4: Support efforts to provide affordable housing to meet the needs of
the community.
11.ENVIRONMENTAL DETERMINATION. The City of Pasco is the lead agency for this
project. Based on the SEPA checklist (SEPA 2022-007), the adopted City Comprehensive
Plan, City development regulations, and other information, a Mitigated Determination of
Non-Significance (MDNS) was issued for this project on January 26, 2024 (WAC 197-11-
355). Mitigation will be as follows:
11.1 An inadvertent discovery protocol for the potential discovery of cultural or historical
artifacts must be prepared and submitted to the City before any ground-disturbing
permits are issued.
11.2 Broadmoor Boulevard/Chapel Hill Boulevard-Crescent Road -Developer shall
perform the following mitigations prior to approval of the Phase 2 final plat. The
Developer's design of these improvements will be subject to review by the City, and
improvements installed shall meet industry standards to the satisfaction of the City.
11.2.1 The Developer shall stripe the westbound through right lane to create a new
right tum only lane. For this intersection approach, the Developer shall also
install an additional signal head to show right tum green during overlap
phase.
11.2.2 For the southbound lane on Broadmoor Boulevard, the Developer shall add
striping and a signal head to create a right tum lane.
11.2.3 Design and implement the required signal timing/sequencing updates so that
the intersection functions correctly after the Developer installs the additional
signal heads and striping.
11.3 Propo1tionate Share shall be paid for the following 2024-2029 Transportation
Improvement Plan (TIP) Projects:
11.3.1 BROADMOOR BOULEY ARD/I-182 WESTBOUND RAMPS -Developer
shall pay a proportionate share of $20,240 for the roundabout improvement
at Broadmoor Boulevard/I-182 Westbound Ramps. The proportionate share
payment is distributed by phase in the below table and payment shall be
made prior to issuance of each phase's Final Plat.
BROADMOOR BOULEVARD/I-182 WESTBOUND RAMPS
Standard Townhouse Detached
Phase Lots Lots LUC 210
PM Peak
l 63 0 64
2 26 22 27
3 4 25 4
4 0 32 0
5 0 34 0
6 0 28 0
7 0 30 0
8 0 30 0
Attached Total LUC 215 Trips PM Peak
0 64
13 40
15 19
19 19
20 20
16 16
18 18
18 18
%of
Trips per
Phase
22.15%
13.84%
6.57%
6.57%
6.92%
5.54%
6.23%
6.23%
$ 20,240.00
$ 4,482.21
$ 2,801.38
$ 1,330.66
$ 1,330.66
$ 1,400.69
$ 1,120.55
$ 1,260.62
$ 1,260.62
pp 2023-001 Magnolia Heights Page 3 of 13
9
10
11
0
0
22
40 0 23 23 7.96% $ 1,610.80
38 0 22 22 7.61% $ 1,540.76
14 22 8 30 10.38% $ 2,101.04
11.3 .2 HARRIS ROAD/CRESCENT ROAD OVERPASS -Developer shall pay a
proportionate share of $276,100 for the new Harris Road/Crescent Road
Overpass. The proportionate share payment is distributed by phase in the
below table and payment shall be made prior to issuance of each phase's
Final Plat.
HARRIS ROAD/CRESCENT ROAD
OVERPASS
Phase Standard Townhouse Detached LUC Attached LUC Total % of Trips $276,100.00 Lots Lots 210 PM Peak 215 PM Peak Trips per Phase
1 63 0 64 0 64 22.15% $ 61,143.25
2 26 22 27 13 40 13.84% $ 38,214.53
3 4 25 4 15 19 6.57% $ 18,151.90
4 0 32 0 19 19 6.57% $ 18,151.90
5 0 34 0 20 20 6.92% $ 19,107.27
6 0 28 0 16 16 5.54% $ 15,285.81
7 0 30 0 18 18 6.23% $ 17,196.54
8 0 30 0 18 18 6.23% $ 17,196.54
9 0 40 0 23 23 7.96% $ 21,973.36
10 0 38 0 22 22 7.61% $ 21,017.99
11 22 14 22 8 30 10.38% $ 28,660.90
12.HISTORY: The site was annexed into the City in 2001 (Ordinance 3462) and assigned RS-12
(Low-Density Residential) and RS-20 (Low-Density Residential) zoning in conjunction with
the annexation. The site was rezoned from RS-12 and RS-20 to C-1 (Retail Business) and 0
(Office) in 2002 (Ordinance 3540) with a concomitant agreement, and again to R-3 (Medium
Density Residential) in 2022 (Ordinance 4617). A portion of the site has been farmed with a
pivot irrigation system. An old wood grain silo is situated near the southwest corner of the
site.
13.LOT LAYOUT: The proposed 67.97-acre preliminary plat contains 408 lots for residential
development, which would have access from Crescent Road, Roads 104 and 105, and Road
100/Broadmoor Boulevard, as well as dedicated internal streets. The lots range from 2,839 to
7,543 square feet, the average lot size being 3,830 square feet. With 408 lots on a 67 .97-acre
site, lot density would be approximately 6 dwelling units per acre. Per the Comprehensive
Plan land use density table found in PMC 25.215.015, Maximum gross density of any
proposed development within any zoning district, expressed as dwelling units per acre, shall
be no less than the corresponding minimum density expressed in this section and no greater
than the corresponding maximum density expressed in this section, except as provided in
Chapter 25 .161 PMC. Medium-Density Residential designated areas may accommodate a
variety of residential housing at a density of 6 to 20 dwelling units per acre. At 6 dwelling
pp 2023-001 Magnolia Heights Page 4 of 13
units per acre the proposal is at the low end of, but within, the allowable density parameters
of the City's Comprehensive Plan mandate.
14.RIGHTS-OF-WAY: All lots will have frontage on streets to be dedicated as part of the plat.
All roads will be fully improved and completed with this subdivision. Per City Resolution
2545, approved 9 September 2000, "Continuous streets, or a street proposed to be continuous,
shall carry the same name throughout. Ifthere is an interruption and there is no probability of
eventual connection the interrupted segments may bear different names." For this plat the
proposed Rights-of-Way to be dedicated would include the continuations of Sunset Trail,
Roads 104 and 105, and a future Welsh Drive connection. Per IFC 503.1, Fire Apparatus
access roads shall be provided and maintained in accordance with locally adopted street, road,
and access standards. Sunset Trail shall be required to extend to Crescent Road as part of the
plat.
15.UTILITIES: Municipal water is available via 12" lines in Road 100 and Crescent Drive, and
a 16" line in Chapel Hill Boulevard; lines will be required to extend "to-and-through" the
subdivision. The proposed subdivision overlaps two City water pressure zones. Sewer
service is available via a 15" line along Crescent Road, 8" lines in both roads 104 and 105,
and a 12" line in Road 100.
16.IRRIGATION: This project shall include irrigation easements and the installation of
irrigation lines as a part of infrastructure improvements and as required per the municipal
code.
17.WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval
per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. If no water rights are
available to transfer to the City the property, owner/developer must pay a water right fee in
lieu thereof.
18.State law (RCW 5 8.17 .110) and the Pasco Municipal Code require the Hearing Examiner to
develop Findings of Fact as to how this proposed subdivision will protect and enhance the
health, safety, and general welfare of the community. The Hearing Examiner's Findings of
Fact are below.
19.Prevent Overcrowding: The Comprehensive Plan Future Land Use Map for this property is
Medium-Density Residential, which permits densities of 6 to 20 dwelling units per acre. In
November of 2023, the City adopted Ordinance 4700-A, enacting new residential design
standards. Per Ordinance 4700-A, Table 25.22.030(1) the R-3 zoning district may
accommodate densities as follows:
Minimum Lot Size (per Development) R-1
SFDU -Detached 4,000
SFDU -Attached 3,500
Duplex, Triplex 5,000
Multifamily (4 + Units) None
R-2 R-3
3,000 2,500
2,000 1,500
4,000 3,000
R-4
2,000
1,250
2,500
pp 2023-001
Magnolia Heights
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20.Per Ordinance 4700-A, PMC 25. 65. 050(1) Development standards, the dimensional
standards for the R-3 zone, including setbacks, density, maximum building height, and lot
coverage, are set out in Chapter 25. 22 Zone District Standards, as follows:
Minimum Lot R-1 R-2 R-3
Frontage/Width
SFDU -Detached 40' 30'
SFDU -Attached 35'20'
Duplex, Triplex 50' 40'
Multifamily -60' 40'
Detached
Multifamily -None
Attached
Building Setbacks Front Rear Alley / Private
SFDU -Detached 15' (20' for garage) 15' 15' (5' for garage)
SFDU -Attached
Duplex, Triplex
Multifamily (accessed
from public street)
Building Height & Lot Coverage Maximum
R-1 R-2 R-3
Home Type Bldg
Lot Bldg. Lot Coverage Bldg. Lot Coverage Heig Coverage Height Height
ht
SFDU -Detached 35'60% 35'60% 40'60%
SFDU -Attached 35'60% 35'Dependent on 40'Dependent on
Comprehensive Comprehensive
Multifamily Plan Density, Plan Density, 25'60% 25'Site Regs and 25'Site Regs and Detached Parking Parking
Multifamily Attached 35'60% 45'Requirements. 45'Requirements.
Per Per Home Per Home Accessory Building 15'Home 15'Type 15'Type Type
R-4
30' 30'
20' 20'
30' 30'
40' 30'
Side
5'
R-4
Bldg. Lot Coverage Height
40'60%
40'Dependent on
Comprehensive
Plan Density, 25'Site Regs and
Parking
45'Requirements.
Per Home 15'Type
pp 2023-001
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21.The proposed plat has a density of approximately 6.0 units per acre. No more than 60 percent
of each lot is permitted to be covered with structures per the recently approved R-3 standards
in Ordinance 4700-A.
22.Parks Open Space/Schools: The closest park, Liberty Park, is approximately .62 miles away
via Road 100 and Welsh Drive; Chiawana Park is .67 miles away via Road 100 and West
court Street. Applicant has proposed approximately 2.76 acres located between the FCID
Canal and Sunset Trail to be dedicated to the City for park space. McLoughlin Middle School
and Chiawana High School are approximately .8 and 1.03 miles away, respectively, via Road
100 and West Argent Road; Three Rivers Elementary School is approximately 1.3 miles
away via Road 100 and Welsh Drive; Livingston Elementary School is 1.25 miles away via
Road 100, West Court Street, and Road 84. The City is required by RCW 58.17.110 to make
a finding that adequate provisions are being made to mitigate the impacts of the proposed
subdivision on the School District. At the request of the School District, the City enacted a
school impact fee in 2012. The imposition of this impact fee addresses the requirement to
ensure there are adequate provisions for schools. A school impact fee in the amount of $4,700
per Single-Family dwelling unit and $4,525 per multi-family unit will be charged at the time
of building permit issuance.
23.Effective Land Use/Orderly Development: The plat is designed for Medium-Density
Residential development by the Comprehensive Plan, and as such, may accommodate a
variety of residential housing. The Medium-Density Residential designation areas could be
zoned R-2 through R-4 and RP. Residential densities in the Medium-Density Residential
designation are to be between 6 to 20 dwelling units per acre, and the developer is proposing
a density of approximately 6.00 units per acre.
24.Safe Travel & Walking Conditions: The proposed plat includes adequate streets and
sidewalks. Curb, gutter, and sidewalk are required to be installed and constructed to current
City standards and to the standards of the Americans with Disabilities Act (ADA).
25.Adequate Provision of Municipal Services: All lots within the plat are required to be provided
with water, sewer, and other utilities.
26.Provision of Housing for State Residents: The proposed plat contains 408 lots, providing the
opportunity for the construction of at least 408 new dwelling units, in Pasco.
27.Adequate Air and Light: The maximum lot coverage limitations, building height restrictions,
and building setbacks will assure that adequate movement of air and light is available to each
lot.
28.Proper Access & Travel: The plat will be developed to City standards to assure proper access
is maintained to each lot. Connections will be made to Crescent Road and Road 100.
29.Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the plat site for
Medium-Density Residential development. Policies of the Comprehensive Plan suggest the
City strive to maintain a variety of housing for residents.
30.Housing Goals and Policies of the Comprehensive Plan that pertain to this development
include: H-1: Encourage housing for all economic segments of the city's population; H-2:
Strive to maintain a variety of housing consistent with the local and regional market; Policy
H-2-A: Allow for a full range of residential environments including single family homes and
manufactured housing.
31.Public notice of this hearing was mailed out and published in the Tri-City Herald on January
26, 2024.
pp 2023-001
Magnolia Heights
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32.Staff received several emails/letters from surrounding property owners.
25.The site is within both the City limits and the Pasco Urban Growth Boundary.
26.The State Growth Management Act requires urban growth and urban densities to occur within
the Urban Growth Boundaries.
27.A portion of the site has been farmed with a pivot irrigation system.
28.The site is not considered a critical area, a mineral resource area or a wetland.
29.The Comprehensive Plan designates the site "Medium-Density Residential."
30.The "Medium-Density Residential" designation allows for R-2 through R-4 and RP zoning.
31.The "Medium-Density Residential" designation allows for single-family dwellings, patio
homes, townhouses, apartments, and condominiums.
32.The Medium-Density Residential designation specifies residential development of 6 to 20
dwelling units per acre.
33.The developer is proposing approximately 6.00 dwelling units per acre.
34.The site is vacant, except for a wood grain silo.
35.In 2001 the site was annexed into the City (Ordinance 3462) and assigned RS-12 (Low
Density Residential) and RS-20 (Low-Density Residential) zoning in conjunction with the
annexation.
36.In 2002 the site was rezoned (Ordinance 3540) from RS-12 and RS-20 to C-1 (Retail
Business) and O (Office) with a concomitant agreement.
37.In 2022 the site was rezoned (Ordinance 4617) to R-3 (Medium-Density Residential).
38.The proposed preliminary plat would have access from Crescent Road, Roads 104 and 105,
and Road 100/Broadmoor Boulevard, as well as dedicated internal streets.
39.The lots range from 2,839 to 7,543 square feet, the average lot size being 3,830 square feet.
40.Lot density would be approximately 6 dwelling units per acre with 408 lots on a 67.97-acre
site.
41.Per PMC 25.215.015 "[m]aximum gross density of any proposed development within any
zoning district, expressed as dwelling units per acre, shall be no less than the corresponding
minimum density expressed in this section and no greater than the corresponding maximum
density expressed in this section, except as provided in Chapter 25.161 PMC."
42.At 6 dwelling units per acre the proposal is within the allowable density parameters of the
City's Comprehensive Plan mandate.
43.All lots will have frontage on streets to be dedicated as part of the plat.
44.All roads will be fully improved and completed with this subdivision.
45.Per City Resolution 2545, approved 9 September 2000, "Continuous streets, or a street
proposed to be continuous, shall carry the same name throughout. If there is an interruption
and there is no probability of eventual connection the interrupted segments may bear different
names."
46.For this plat the proposed Rights-of-Way to be dedicated would include the continuations of
Sunset Trail, Roads 104 and 105, and a future Welsh Drive connection.
pp 2023-001 Magnolia Heights Page 8 of 13
47.Per IFC 503.1, Fire Apparatus access roads shall be provided and maintained in accordance
with locally adopted street, road, and access standards.
48.Sunset Trail shall be required to extend to Crescent Road as part of the plat.
49.Municipal water is available via 12" lines in Road 100 and Crescent Drive, and a 16" line in
Chapel Hill Boulevard; lines will be required to extend "to-and-through" the subdivision.
50.The proposed subdivision overlaps two City water pressure zones.
51.Sewer service is available via a 15" line along Crescent Road, 8" lines in both roads 104 and
105, and a 12" line in Road 100.
52.This project shall be required to include irrigation easements and to install irrigation lines as a
part of infrastructure improvements and as required per the municipal code.
53.The assignment of water rights is a requirement for subdivision approval per Pasco Municipal
Code Section 21.05.120 and Section 3.35.150 & 160. If no water rights are available to
transfer to the City the property, owner/developer must pay a water right fee in lieu thereof.
54.An open record public hearing after due legal notice was held on February 14, 2024 via Zoom
videoconference.
55.Appearing and testifying on behalf of the Applicant at the hearing was Paul Lavrentiev. Mr.
Lavrentiev testified that he was an agent for the Applicant and authorized to appear and speak
on their behalf. Mr. Lavrentiev testified that he was in agreement with all the representations
set forth within the staff report and the proposed Conditions of Approval.
56.The following members of the public testified at the hearing:
56.1 Brian Tungesvik. Mr. Tungesvik has lived in the Wilson Meadows area for the past
18 years. He testified consistently with his written materials that are on file. He stated
that he was opposed to the rezone. He asked that there be a transitional area regarding
lot density. He had submitted two alternative plat designs for consideration.
56.2 Jeff Grimes. Mr. Grimes testified that he was also opposed to the rezone. He is
opposed to this project. He will have three to four new backyard neighbors, whereas
now he has no backyard neighbors. He stated that there are currently major traffic
problems, including access to Road 100 from various side streets. He thinks that the
new turnaround will mean that there will be no stoppage of traffic on Road 100
which will only magnify the current traffic problems.
56.3 Trinidad Perez. Mr. Perez testified that he has lived in the neighborhood for 18 years
and raised his family there. He believes the density is too great and that there are
irrigation issues currently that will be worse if there are more homes on the irrigation
system. He also testified about the current traffic problems and indicated that the new
homes would only increase these traffic issues.
56.4 Andrea Muniz. Ms. Muniz has lived on her property in the area for the past 12 years.
She stated that the development would put five homes on less than an acre behind her
home. She thinks the density is too high and will have too many negative impacts.
She also had concerns about irrigation water.
56.5 Wendy Thompson. Ms. Thompson has lived in the area for 39 years. She objects to
this plat and has significant concerns regarding traffic related issues on Road 100.
She agrees with the others and indicates that her property values are increasing.
pp 2023-001 Magnolia Heights Page 9 of 13
56.6 Jildago Ramirez. Mr. Ramirez testified that he agreed with the other people that
testified. He states that he has lived at his property for the past 15 years. He stated
that if this development were built he would have five homes behind his property. He
also had concerns about the ongoing traffic problems.
56.7 Shawn Defferding. This witness testified to having lived in the area for the past 19
years. The witness testified that Crescent Road is not now a through road and if it
opens up it will cause crazy traffic problems. There was also testimony about impacts
on irrigation.
57.The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
58.The following additional items were admitted into the record:
58.1 February 8, 2024 email from James Sappington;
58.2 Magnolia Heights alternate plat option l; and
58.3 Magnolia Heights alternate plat option 2.
59.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II.CONCLUSIONS OF LAW
Before recommending approval or denial of the proposed Preliminary Plat the Hearing Examiner
must develop findings of fact from which to draw its conclusion (PMC 21.25.060) therefrom as to
whether or not:
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.
1.1 The proposed plat will be required to develop under the standards of the Pasco
Municipal Code and the standard specifications of the City Engineering Division.
These standards for streets, sidewalks, and other infrastructure improvements were
designed to ensure the public health, safety, and general welfare of the community.
These standards include provisions for streets, drainage, water and sewer service and
the provision for dedication of right-of-way. The preliminary plat was forwarded to
the PUD, the Pasco School District, Cascade Gas, Charter Cable, Franklin County
Irrigation District, and Ben-Franklin Transit Authority for review and comment.
Based on the School District's Capital Facilities Plan the City collects school
mitigation fees for each new dwelling unit. The fee is paid at the time of building
permit issuance. The school impact fee addresses the requirements of RCW
58.17.110. All new developments participate in establishing parks through the
payment of park fees at the time of permitting. Per IFC 503.1, Fire Apparatus access
roads shall be provided and maintained in accordance with locally adopted street,
road, and access standards. Sunset Trail shall be required to extend from Road
100/Broadmoor Boulevard to Crescent Road as part of the plat.
2.The proposed subdivision contributes to the orderly development and land use patterns in the
area:
pp 2023-001
Magnolia Heights Page 10 of 13
2.1 The proposed Plat makes efficient use of vacant land and will provide for the looping
of utilities and interconnectivity of streets as supported in the Comprehensive Plan.
The proposed subdivision will provide street improvements within the plat as per
City standards; connections will be made to Broadmoor Boulevard/Road 100, Chapel
Hill Boulevard, and Crescent Road.
3.The proposed subdivision conforms to the policies, maps, and narrative text of the
Comprehensive Plan:
3 .1 The Comprehensive Plan land use map designates the site and surrounding properties
for Medium-Density Residential development and may be developed with a variety
of residential dwelling units. Policies of the Comprehensive Plan encourage the
development of a variety of housing options for residents.
3.2 The plat indicates a density of 6.00 dwelling units per acre, which falls within the 6
to 20 dwelling units per acre density range established by the Comprehensive Plan.
4.The proposed subdivision conforms to the general purposes of any applicable policies or
plans which have been adopted by the City Council:
4.1 Development plans and policies have been adopted by the City Council in the form
of the Comprehensive Plan. The proposed subdivision conforms to the policies,
maps, and narrative text of the Plan.
5.The proposed subdivision conforms to the general purposes of the subdivision regulations.
5 .1 The general purposes of the subdivision regulations have been enumerated and
discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the
subdivision is in conformance with the general purposes of the subdivision
regulations provided certain mitigation measures (i.e., school impact fees are paid).
6.The public use and interest will be served by approval of the proposed subdivision.
6.1 The proposed plat, if approved, will be developed in accordance with all City
standards designed to ensure the health, safety and general welfare of the community
are met. The Comprehensive Plan will be implemented through development of this
plat. These factors will ensure the public use and interest are served.
7.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
ID. CONDITIONS OF APPROVAL
All conditions imposed by this decision shall be binding on the applicant, which includes the owner
or owners of the properties, heirs, assigns, and successors.
1.The Magnolia Heights subdivision shall be developed in substantial conformance with the
submitted Plat. The subdivision shall contain 408 residential lots to include 115 lots for
single-family dwellings and 293 lots for townhomes.
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 the International
Fire Code. If there are any conflicting regulations in any of these documents, the more
stringent regulation shall apply.
pp 2023-001 Magnolia Heights Page 11 of 13
3.The face of the 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 bacifzll for the P UD '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 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 to 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 ROW 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 standard.
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.Per IFC 503.1, Fire Apparatus access roads shall be provided and maintained in accordance
with locally adopted street, road and access standards. A temporary fire access road may be
required from Road 100/Broadmoor Boulevard to Crescent Road pending completion of
Sunset Trail.
14.Plans for new developments need to provide information as to connection with other streets
to maintain continuity of traffic flow for emergency response.
15.Sunset Trail shall be required to extend from Road 100/Broadmoor Boulevard to Crescent
Road as part of the plat.
16.Per PMC 21.35.080, Fire hydrants and the installation shall conform to the adopted standards
Fire hydrants shall be installed on alternating sides of the street on five-hundred-foot spacing
in residential areas. Cul-de-sacs that are greater than two hundred feet in length, as measured
from the main street entrance to the bulb, shall have a hydrant placed prior to the curb return
entering the turnaround. Cul-de-sacs over three hundred feet shall have hydrants at the
entrance and at the turnaround prior to the curb return. Hydrants shall be installed and
maintained so that the radius of forty-eight inches of clearance around the hydrant. The
pp 2023-001 Magnolia Heights Page 12 of 13
hydrants shall be visible within a distance of fifty feet in any direction of fire Apparatus
approach.
17.Dead-end roads greater than one hundred feet shall be provided with a turnaround, as per IFC
Section 5.
18.Plat shall detail existing conditions, such as the names of neighboring subdivisions and
prope1iy lines of all adjacent properties.
19.The final plat shall include a comment stating: "existing regulations regarding sight distance,
fence height, and setbacks may affect the placement offences and driveways on any comer
lots."
IV.DECISION
Based upon the above Findings of Fact and Conclusion of Law, PP2023-001, (Preliminary Plat) as set
forth in the above matter, is hereby APPROVED, subject to the Conditions of Approval above.
Dated this 'J.,,() day of February, 2024. C=@°ir?MWER L.Kortkamp
Absent a timely appeal, this Decision is final1
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).
pp 2023-001
Magnolia Heights
Page 13 of 13