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HomeMy WebLinkAboutPP 2025-003 Columbia Waters Subdivision decisionCITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF PP2025-003 Columbia Waters Subdivision FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND CONDITIONS OF APPROVAL THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on November 12 2025, 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. APPLICANT: Big Sky North, LLC, 5810 Midland Ln, Unit 65, Pasco, WA 99301 2. REQUEST: Preliminary Plat: Columbia Waters Estates subdivision of parcel 115010042 into 213 residential lots. 3. Timeline: June 16, 2025 Preliminary Plat Application-PP2025-003 and SEPA Environmental Checklist-SEPA2025-024, submitted June 20, 2025 Preliminary Plat Application Deemed Complete July 14, 2025 SEPA Checklist Deemed Complete October 17, 2025 SEPA Determination of Non -Significance Issued October 21, 2025 Notice of Public Hearing for PP2025-003 Mailed to Properties Within 300 Feet of Proposed Subdivision October 26, 2025 Notice for Public Hearing for PP2025-003 Published in Tri-CityHerald November 5, 2025 Public Hearing Staff Report Published 4. BACKGROUND 4.1. PROPERTY DESCRIPTION: 4.1.1.Lega1: THAT PARCEL OF LAND BEING LOT 4 OF THAT CERTAIN RECORD OF SURVEY RECORDED UNDER BOOK 4 OF SURVEYS AT PAGE 181, AUDITOR'S FILE NUMBER 1943869, RECORDS OF FRANKLIN COUNTY, WASHINGTON AND A PORTION OF PARCEL 1 AND 2 OF THAT CERTAIN RECORD OF SURVEY RECORDED UNDER BOOK 4 OF SURVEYS AT PAGE 643, AUDITOR'S FILE NUMBER 1998115 RECORDS OF FRANKLIN COUNTY, WASHINGTON, LOCATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 01°06'35" EAST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, 671.87 FEET TO THE SOUTHWEST CORNER OF THE NORTH HALF OF THE SOUTH HALF OF SAID SOUTHWEST QUARTER AND BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 01006'35" EAST ALONG SAID WEST LINE, 1007.80 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE NORTH 89°28'55" EAST PP2025-003 Columbia Waters Subdivision Pagel of 8 ALONG THE NORTH LINE OF SAID LOT 4 AND PARCEL 2, 1103.33 FEET; THENCE SOUTH 00031'05" EAST, 330.00 FEET; THENCE NORTH 89028155" EAST, 9.00 FEET; THENCE SOUTH 00031'05" EAST, 160.00 FEET; THENCE NORTH 89028'55" EAST, 1126.53 FEET; THENCE NORTH 15°00'50" WEST, 35.38 FEET; THENCE NORTH 74059'10" EAST, 171.98 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF ROAD 68 NORTH; THENCE SOUTH 15°00'38" EAST ALONG SAID WESTERLY RIGHT-OF- WAY LINE, 619.73 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTH 89036'01" WEST ALONG THE SOUTH LINE OF SAID PARCEL 1 AND LOT 4, 2580.22 FEET TO THE TRUE POINT OF BEGINNING. ALSO SHOWN AS ADJUSTED PARCEL 115-170-079 ON SURVEY RECORDED JUNE 5, 2025 UNDER AUDITOR'S FILE NO. 1999739. 4.1.2.General Location: The property is situated west of Road 68, north of Burns Road, east of future Road 84, and south of Deseret Drive, adjoining the Desert Sage subdivision to the south. 4.1.3.Propertv Size: 42.66 acres 4.2. ACCESS: The property will have access from Road 68, Ember Lane, and Road 84. 4.3. UTILITIES: Municipal water and sewer are available adjacent to Road 84 and Ember Lane and will be required to be extended to and through. 4.4. LAND USE AND ZONING: The property is split -zoned, with the northern portion (approximately 360 feet in depth) designated R-3 (Medium Density Residential) and the southern portion (approximately 650 feet in depth) designated R-1 (Low Density Residential). The site is currently undeveloped and utilized for agricultural purposes. Surrounding properties are zoned and developed as follows: 4.4.1.1. North: R-3 & R-T (Residential Transition) — Undeveloped / Agricultural 4.4.1.2. East: R-3, C-1 (Retail Business), R-1, R-S-40 (Suburban —County), & R-R-1 (Rural Residential) — Undeveloped / Agricultural / Single -Family Homes 4.4.1.3. South: R-3 & R-1 — Single -Family Attached and Detached Homes 4.4.1.4. West: R-1—Site Improvements / Undeveloped / Agricultural 4.5. COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates the northern portion of the site as Medium Density Residential and the southern portion as Low Density Residential, consistent with the respective depths described above. 4.5. I.The Medium Density Residential designation supports a variety of housing types at densities ranging from 6 to 20 dwelling units per acre and may correspond to the R-2 (Medium Density Residential), R-3, R-4 (High Density Residential), or R-P (Residential Park) zoning districts. 4.5.2.The Low Density Residential designation supports a range of housing types at densities of 3 to 6 dwelling units per acre and may correspond to the R-S-20 (Suburban), R-S-12 (Suburban), R-S-I (Suburban), R-1, R-I-A (Low Density Residential Alternate), or R-1-A2 (Low Density Residential Alternate) zoning districts. 4.6. 6) ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist (SEPA2025-024), the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non -Significance (DNS) was issued on October 17, 2025, for this project under WAC 197-11-355. PP2025-003 Columbia Waters Subdivision Page 2 of 8 Request 5.1. The applicant proposes to subdivide Parcel No. 115010042, totaling approximately 42.66 acres, into 213 residential lots. Of these,145 lots are proposed for single-family detached housing (within the Low Density Residential portion), and 68 lots are proposed for single-family attached housing (within the Medium Density Residential portion). 5.2. The subdivision is planned to be developed in three phases. Proposed improvements include mass grading, construction of public streets, and installation of water, sewer, Franklin County irrigation, communication, and power infrastructure. The project also involves the extension of existing City of Pasco public streets, including Road 84 and Ember Lane. 5.3. In addition, three public pedestrian pathways are proposed to enhance connectivity and walkability within the residential blocks, providing convenient pedestrian access from Road 84 into the subdivision. History 6.1. The subject property was annexed into the City of Pasco in 2022 by Ordinance No. 4591 and concurrently assigned R-3 (Medium Density Residential) and R-1 (Low Density Residential) zoning classifications pursuant to Ordinance No. 4637. Historical aerial imagery and property records indicate the site has been in agricultural use since approximately 2005. 7. Lot & Right -of -Way Layout 7.1. The proposed preliminary plat would create a total of 213 lots designated for single-family residential development. The subdivision includes the dedication of public right-of-way and construction of new internal roadways, including the planned extension of Road 84—classified as a collector street —and Ember Lane, classified as a local access road. 7.2. Road 84 runs in a north —south direction and has been extended incrementally through the Seven Sisters and Desert Sage subdivisions. Ember Lane was anticipated to connect northward since the development of the Sage Flats Subdivision in 2019. In addition to these, four internal local access roads (running east —west and north —south, including Ember Lane) are proposed to provide circulation within the plat. 7.3. The longest proposed roadway within Columbia Waters Estates, currently labeled "Road A," extends approximately 1,770 feet from "Road E" to Ember Lane, traveling east —west. While this exceeds the City's maximum block length standard of 660 feet, the extended length results from the configuration of existing subdivisions to the south (Desert Sage and Sage Flats), which limit available connection points. 7.4. The plat also proposes three east —west public pedestrian access easements along the western portion of the site to provide pedestrian connectivity between Road 84 and Road E, enhancing walkability within the subdivision. 7.5. Within the Low Density Residential (R-1) area, the proposed lots have an average area of approximately 6,884 square feet, ranging from 6,064 square feet (smallest) to 12,259 square feet (largest). Within the Medium Density Residential (R-3) area, the proposed lots average 3,880 square feet, with individual lot sizes ranging from 3,690 to 4,546 square feet. 7.6. All lots within the proposed plat will have direct access to public right-of-way and will be served by public utilities in accordance with City standards. 8. The subject property has a Comprehensive Plan designation of Medium Density Residential and Low Density Residential. The Medium Density Residential designation allows for residential development PP2025-003 Columbia Waters Subdivision Page 3 of 8 at densities ranging from 6 to 20 dwelling units per acre, while the Low Density Residential designation allows for residential development at densities ranging from 3 to 6 dwelling units per acre. 9. The proposed number of units within the Medium Density Residential designation equates to 7.4 dwelling units per acre. 10. The proposed number of units within the Low Density Residential designation equates to 4.3 dwelling units per acre. 11. The project will involve the construction of new roadways to provide access to the new lots. 12. Provisions for a direct path for bikes and pedestrians, safe routes to school, and neighborhood traffic management measures are required as the proposed site is within one-half mile of a public school. 13. Water and Sewer will be extended to and through the right-of-way to provide all lots with access to utilities. 14. Water rights shall be either deeded to the City or an in -lieu of fee paid prior to recording of any final plat. 15. Washington State Department of Fish and Wildlife (WDFW) identified the potential presence of shrub steppe habitat and a high likelihood of Burrowing Owl activity within the area. 16. A Tier 2 Traffic Impact Analysis (TIA) dated September 19, 2025, and accepted October 16, 2025 determined that the proposed development will not necessitate off -site transportation improvements beyond the collection of applicable traffic impact fees. 17. Traffic, Park, and School impact fees will be collected for each lot prior to building permits being issued for new residences. 18. As per Pasco Municipal Code (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: 18.1. 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; 18.1.1. The proposed subdivision will be served by City emergency services and is located approximately one mile from Vintage Park. The developer will be required to construct right- of-way improvements in accordance with the PMC and the City's Design and Construction Standards. Municipal water and sewer utilities must be extended to and through the right-of- way to ensure service access to all lots within the subdivision. 18.1.2. Traffic and park impact fees will be collected at the time of building permit issuance for each new dwelling to mitigate impacts on the transportation network and to support park development, improvements, and ongoing maintenance. 18.2. The proposed subdivision contributes to the orderly development and land use patterns in the area; 18.2.1. The proposed development will include both single-family detached and attached residential dwellings, consistent with the established residential pattern of the surrounding area. The developer will be required to construct full right-of-way improvements —including curb, gutter, sidewalk, and street lighting —to ensure safe pedestrian circulation and promote public welfare. PP2025-003 Columbia Waters Subdivision Page 4 of 8 18.2.2. The extension of Road 84 will serve as a key infrastructure component, establishing an important north —south corridor that connects the development to Sandifur Parkway. This alignment, extending over three-quarters of a mile, will enhance local traffic circulation and help distribute traffic more evenly between Road 84 and Road 68. 18.3. The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; 18.3.1. 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. 18.3.1.1. The R-3 and R-1 zoning designations allow for a variety of dwelling types. This proposal includes both attached and detached single-family dwellings consistent with the development pattern in the immediate vicinity. 18.3.2. 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 growth patterns and market demand within each of the City's land use designations. 18.3.2.1. The proposal involves residential development within the City limits, located in an area that has historically met the Comprehensive Plan's average density targets for Low - and Medium -Density Residential land uses. The project is consistent with the surrounding development pattern and land use designations identified in the Comprehensive Plan and will contribute to the City's overall housing availability. 18.3.3. Utilities Policy UT-1-A: Ensure that public water and sewer services are available concurrently with development in the urban growth area. 18.3.3.1. Public water and sewer services are available in the vicinity of the site. Coordination with the Seven Sisters Phase 4 subdivision, located west of the site across Road 84, may be beneficial to facilitate the extension of required utilities as part of this development. The proposed project would extend these utilities to and through the property, providing service connections to each lot and establishing a closer connection point for future development of adjacent lands within the Urban Growth Area (UGA). 18.4. The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; 18.4.1. 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: 18.4.1.1. 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. 18.4.1.1.1. 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. 18.5. The proposed subdivision conforms to the general purposes of this title; 18.5.1. Title 21, Pasco Urban Area Subdivision Regulations, establishes the requirements and procedures for various subdivision types, including standards for streets, lots, blocks, and application materials. The proposed subdivision generally conforms to the intent and purpose PP2025-003 Columbia Waters Subdivision Page 5 of 8 of Title 21, with the exception of exceeding the maximum block length specified in PMC 21.20.010(3). This deviation results from the configuration of existing subdivisions to the south. Conditions of approval will address standard issues and allow the preliminary plat to move forward in the review process. 18.6. The public use and interest will be served by approval of the proposed subdivision. 18.7. 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 the development of this plat. These factors will ensure the public use and interest are served. 19. An open record public hearing was held, after legal notice, on November 12, 2025. 20. Appearing and testifying on behalf of the Applicant was Peter Harpster. Mr. Harpster testified that he was an agent authorized to appear and speak on behalf of the property owner and Applicant. Mr. Harpster stated that they agreed with the representations set forth within the staff report and the proposed Conditions of Approval. 21. No member of the public testified at the hearing. 22. The following exhibits were admitted into the record: 22.1. Ex A Staff Report; 22.2. Ex. B Remainder of Planning Staff File. 23. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 24. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. H. CONCLUSIONS OF LAW l . 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 2025-003 is hereby APPROVED subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL 1. The Columbia Waters Estates subdivision shall be developed in substantial conformance with the submitted Plat. The subdivision shall contain 213 residential lots. PP2025-003 Columbia Waters Subdivision Page 6 of 8 2. All frontage improvements associated with this project are to be made in accordance with City of Pasco Design and Construction Standards and Specifications for Public Works Improvements and Municipal Codes. 3. The face of the final plat shall include this statement: "As a condition of approval of this final 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. All stormwater is required to be maintained and treated on site in accordance with Washington State Department of Ecology and City of Pasco Standards. 5. Civil plans submitted for City approval must be designed and stamped by a Washington State Licensed Civil Engineer. 6. PMC 21.35.100 Underground Utilities: (1) All utility lines serving the subdivision, including but not limited to power, telephone and television cables, shall be installed underground. Adequate easements shall be provided for all such utility lines, which will not be located within the right-of-way. 7. All utilities shall comply with PMC 12.36.050(2), as applicable. 8. 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." 9. 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, 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. 10. Only City of Pasco and other authorized utilities with franchise agreements are allowed in the public right-of-way. 11. 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 supportlapproval of the proposed development from all outside utilities, public and private. 12. 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. 13. Street lighting will be required per City standards. 14. The pedestrian access easements shown shall be dedicated as public right-of-way in accordance with PMC 21.15.100 and improved with a hard -surfaced, ADA-compliant path that is adequately illuminated. 15. In accordance with PMC 21.15.100, each pedestrian and bicycle accessway that intersects a local access street shall include a complete mid -block pedestrian crossing. 16. Pursuant to PMC 21.35.090 the face of the final plat shall include this statement: "The developer shall install a common "Estate" type fence/wall six feet in height along Road 68 and as part of the infrastructure improvements associated with the plat. The fence/wall must be constructed of masonry block. Fence design and material must be approved by the Community and Economic Development Director. An approved vision triangle at the intersection of streets will be required. Following PP2025-003 Columbia Waters Subdivision Page 7 of 8 construction of the masonry fence/wall, the City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep of the fence/wall." 17. The developer or builder shall pay a "common area fee" to the City in accordance with PMC 25.180.060(6) and PMC 3.100 at the time building permits are issued for homes. These funds shall be deposited into a dedicated account as outlined in PMC 3.100 and used to support the maintenance of arterial boulevard strips. The City will not assume responsibility for maintaining the landscaping adjacent to these streets until all applicable fees for each adjoining phase have been collected. 18. Lots fronting Road 84 shall obtain future access through shared driveways in order to meet the minimum 150-foot driveway spacing requirement for Collector streets, as specified in PMC 21.20.010. Driveway spacing shall be measured from the edge of adjacent driveway approaches. 19. Prior to final plat approval, the applicant shall demonstrate that Lots 4 and 5, and Lots 39 and 40, comply with the lot depth -to -width ratio requirements of PMC 21.20.040(1)(a). The maximum allowable ratio is 2.5:1. 20. 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 V day of November, 2025 CITY OF PASCO HEARING EXAMINER ANDREW 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). PP2025-003 Columbia Waters Subdivision Page 8 of 8