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HomeMy WebLinkAboutPP 2024-003 final decision Barker Heights Preliminary PlatCITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, PP 2024-003 ) DECISION AND Barker Heights Preliminary Platt ) CONDITIONS OF APPROVAL THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on January 14, 2026, 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: P&R Construction, LLC; 105609 Wiser Parkway; Kennewick, WA 99338 2. REQUEST. Preliminary Plat: Barker Heights Preliminary Plat, proposing the subdivision of Parcel No. 115181188 and approximately 50 feet of the northern portion of Parcel No. 115 180055 to allow for the extension of Danube Drive and the development of 215 residential lots. 3. Timeline: April 8, 2024 Preliminary Plat Application-PP2024-003 and SEPA Environmental- Checklist- S EPA2024-015, submitted May 6, 2024 Preliminary Plat Application Deemed Complete July 3, 2024 Memorandum Issued Requesting Danube Drive to be Extended to Broadmoor Boulevard November 20, 2025 Preliminary Plat Map Submitted Showing Danube Drive Extended - Submitted December 24, 2025 Notice of Public Hearing for PP2024-003 Mailed to Properties Within 300 Feet of Proposed Subdivision December 31, 2025 Notice for Public Hearing for PP2024-003 Published in Tri-CityHerald January 7, 2026 1 Public Hearing Staff Report Published 4. BACKGROUND 4.1. PROPERTY DESCRIPTION: 4.1.1. Parcel: 115181188 4.1.2.Abbreviated Legal: Barker Ranch I' Addition Phase 3 Tract G 4.1.3.Parcel: Approximately the northern 50 feet of Parcel No. 115180055. 4.1.4.Abbreviated Legal: N2SE4SE4 6-9-29 EXC PTN FOR CO RD R/W (1729792) 4.1.5.General Location: The subject property is located west of Broadmoor Boulevard, north of Burns Road, east of future Road 104, and south of Dent Road. 4.1.6.Property Size: 34.64 acres 4.2. ACCESS: The property will have access from Broadmoor Boulevard and Road 104. PP 2024-003 Barker Heights Preliminary Platt Page 1 of 8 4.3. UTILITIES: Municipal water and sewer service is available within Broadmoor Boulevard and Road 104. Water and sewer lines will be required to extend to and through the property frontages along Broadmoor Boulevard and Road 104, as determined necessary during concurrency review. 5. LAND USE AND ZONING: The property is zoned R-3 (Medium Density Residential). The site is currently undeveloped. Surrounding properties are zoned and developed as follows: 5.1. North: RR-5 (Rural Residential -County) — Single -Family Homes / Agricultural 5.2. East: R-4 (High Density Residential) — Undeveloped Land 5.3. South: R-S-1 (Suburban) — Undeveloped Land (approximately 50 feet of the northern portion of Parcel No. 115180055 will be utilized for the Danube Drive extension) 5.4. West: R-1 (Low Density Residential) — Single -Family Homes 6. COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates the site as Medium Density Residential. This designation supports a variety of housing types at densities of 6 to 20 dwelling units per acre and may correspond to the R-2 (Medium Density Residential), R-3, R-4, or R-P (Residential Park) zoning districts. 7. ENVIRONMENTAL DETERMMATION• The City of Pasco is the lead agency for this project. Based on the SEPA checklist (SEPA2024-015), it was determined that the SEPA review had already been addressed under SEPA2023-038, the adopted City Comprehensive Plan, City development regulations, and other available information. As a result, a Mitigated Determination of Non - Significance (MDNS) was issued on June 30, 2023, which required an archaeological survey, a traffic impact analysis, and the implementation of neighborhood traffic calming measures. The MDNS for this project was issued pursuant to WAC 197-11-355. 8. Request 8.1. The applicant proposes to subdivide Parcel No. 115181188, totaling approximately 34.64 acres, into 215 residential lots, including 90 single-family detached lots and 125 single-family attached lots, to be developed in five phases. Proposed improvements include mass grading, construction of public streets, and installation of water, sewer, communication, and power infrastructure. The project also involves extending existing City streets, including Road 104, Atlantic Drive, and Danube Drive. Three public pedestrian pathways are proposed to enhance connectivity and walkability within the subdivision, providing convenient pedestrian access from Road 104. 8.2. Pursuant to Pasco Municipal Code (PMC) 21.15.010(3)(dxiii), dedication of Danube Drive is necessary to extend and complete the existing neighborhood street pattern. Accordingly, at the City's request, the developer shall be responsible for extending Danube Drive. Because a portion of this extension traverses Parcel No. 115180055, which is under separate ownership, the developer shall obtain all required legal documentation to extend and dedicate the roadway as public right-of-way. 9. History 9.1. The subject property was annexed into the City of Pasco in 2017 by Ordinance No. 4330 and concurrently assigned the R-S-I zoning designation pursuant to Ordinance No. 4331. In 2023, the property's land use designation was changed from Low Density Residential to Medium Density Residential through Ordinance No. 4651, and it was concurrently rezoned from R-S-1 to R-3 via Ordinance No. 4683. Historical aerial imagery and property records indicate that the site was originally used for agricultural purposes, although over time the surrounding area was developed with residential uses. PP 2024-003 Barker Heights Preliminary Platt Page 2 of 8 10. Lot & Right -of -Way Layout 10.1. The proposed preliminary plat would create a total of 215 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 Atlantic Drive -- classified as a future neighborhood collector street —as well as Danube Drive and Road 104, both classified as local access streets. 10.2. Atlantic Drive runs east —west and was initially constructed with the adjacent Barker Ranch 1 st Addition. Danube Drive provides a required eastward connection to Broadmoor Boulevard due to limited connections north of Burns Road. Road 104, previously extended with Barker Ranch lst Addition, Barker Ranch, and the multifamily development south of the subject property, connects to Burns Road, a Principal Arterial similar to Broadmoor Boulevard. In addition to these roads, five internal local access streets —running east —west and north —south —are proposed to provide circulation within the plat. 10.3. The plat also proposes three east —west public pedestrian accessways identified as Tracts D, E and F through the site, providing connectivity between Road 104 and Gold Lane and enhancing walkability within the subdivision. 10.4. The proposed lots have an average area of approximately 4,562 square feet, ranging from 3,150 square feet (smallest) to 11,361 square feet (largest). 10.5. Tract A is intended for a regional irrigation pump station, approved with conditions through SP2023-009. This special permit also recognizes Tract B as a South Columbia Basin Irrigation District Emergency Overflow Reservoir. Tract C, a United States Bureau of Reclamation right-of- way easement, is intended for emergency storage associated with the irrigation pump station. 10.6. 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. 11. The subject property is designated Medium Density Residential under the City of Pasco Comprehensive Plan. This designation allows residential development at densities ranging from six (6) to twenty (20) dwelling units per acre, pursuant to PMC 25.215.015. 12. The proposed development results in an overall density of approximately 6.2 dwelling units per acre. 13. The proposed development includes construction of new roadways to provide access to the proposed lots. 14. Pursuant to PMC 21.20.010(3)(c), the subject property is located within one-half mile of public -school grounds; therefore, provisions for direct bicycle and pedestrian connections, safe routes to school, and neighborhood traffic management measures are required. 15. Water and Sewer Utilities: Water and sewer utilities will be extended to and through the public right- of-way to serve all proposed lots. 16. Water Rights: Water rights will be deeded to the City as a first priority, or, if water rights are not available, an in -lieu fee will be paid prior to recording of the final plat, pursuant to PMC 21.05.120. 17. The Barker Ranch Traffic Impact Analysis (TIA), dated November 9, 2021, has been completed. Off - site improvements identified as potential mitigation measures have been installed or are planned for installation. Since completion of the TIA, the City has adopted a Traffic Impact Fee (TIF) Ordinance to further address traffic impacts. 18. TIF: Traffic and park impact fees shall be collected for each lot prior to issuance of building permits for new residential development. PP 2024-003 Barker Heights Preliminary Platt Page 3 of 8 19. LID Fees: The project, identified as Parcel No. 115180075 within the LID 151 NW Sewer Local Improvement District, will be subject to applicable LID fees. 20. As per Pasco Municipal Code (PMC) 21.25.060, Upon conclusion of the open record hearing, the Hearing Examiner concludes: 20.1. 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; 20.1.1. The proposed subdivision will be served by City emergency services and is located approximately 1.7 miles from Vintage Park. The developer is required to construct right-of- way improvements in accordance with the Pasco Municipal Code (PMC) and the City's Design and Construction Standards. Municipal water and sewer utilities will be extended to and through the right-of-way to provide service access to all lots within the subdivision. 20.1.2. Traffic and park impact fees will be collected at the time of building permit issuance for each new dwelling to mitigate transportation impacts and support park development, improvements, and ongoing maintenance. 20.1.3. The extension of Danube Drive and Atlantic Drive satisfies the intent of safe routes to school pursuant to PMC 21.20.010(3)(c) by providing a direct connection from Broadmoor Boulevard to Road 108 and access to Parcel No. 115180042, an approximately 72-acre site owned by Pasco School District No. 1. These street extensions also comply with PMC 21.15.010(3)(d)(iii), as they are necessary to extend and complete the existing neighborhood street pattern. 20.2. The proposed subdivision contributes to the orderly development and land use patterns in the area; 20.2.1. 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. 20.2.2. The extension of Road 104 will serve as a key infrastructure component, establishing an important north —south corridor that connects the development to Burns Road. This extension, just under half a mile in length, will enhance local traffic circulation and help distribute traffic more evenly between the northern portion of the subdivision and Burns Road. Similarly, the extension of Danube Drive from Road 108 to Broadmoor Boulevard, approximately half a mile in length, and the extension of Atlantic Drive from Road 108 to Broadmoor Boulevard, also approximately half a mile, will provide additional connections and improve overall accessibility within the development. 20.3. The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; 20.3.1. 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. The R-3 zoning designation allows for a variety of dwelling types. This proposal includes both attached and detached single-family dwellings, similar to the development pattern in the immediate vicinity. PP 2024-003 Barker Heights Preliminary Platt Page 4 of 8 20.3.2. Land Use Policy LU-2-11: 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 involves residential development within the City limits, in an area that historically met the Comprehensive Plan's Low Density Residential targets to the west. Since the project abuts a principal arterial, the land use designation was changed from Low to Medium Density in 2023. The project aligns with surrounding development patterns and Comprehensive Plan land use designations, contributing to the City's overall housing availability. 20.3.3. Utilities Policy UT-1-A: Ensure that public water and sewer services are available concurrently with development in the urban growth area. Public water and sewer services are already available near the site. The developer of Barker Ranch 1 st Addition Phase 3 is the same developer proposing this project, facilitating the extension of required City utilities. The proposed project would extend these utilities to and through the property, providing service connections to each lot and creating closer connection points for future development of adjacent lands within the UGA. 20.4. The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; 20.4.1. 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: 20.4.2. 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. 20.5. The proposed subdivision conforms to the general purposes of this title; 20.5. L Title 21, Pasco Urban Area Subdivision Regulations, establishes the requirements and procedures for various types of subdivisions, including standards for streets, lots, blocks, and required application materials. The proposed subdivision generally aligns with the intent and purpose of Title 21. Approval conditions will address standard issues, allowing the preliminary plat to advance through the review process. 20.6. The public use and interest will be served by approval of the proposed subdivision. 20.6.L 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. 21. An open record public hearing was held, after legal notice, on January 14, 2026. 22. Appearing and testifying on behalf of the applicant was Daniel Kapsi. Mr. Kapsi testified that he was an agent authorized to appear and speak on behalf of the property owner and applicant. He stated that they agreed with the representations set forth within the staff report and the proposed Conditions of Approval. He had no objections to any of the representations contained therein. On questioning by the Hearing Examiner, he did not know whether or not there would be garages but indicated that there would be driveways for off street parking. 23. No member of the public testified at the hearing. PP 2024-003 Barker Heights Preliminary Platt Page 5 of 8 24. The following exhibits were admitted into the record: 24.1. Maps 24.2. Preliminary Plat 24.3. Application 24.4. Title Report 24.5. Public Notices 24.6. SEPA2023-038 MDNS 24.7. SEPA2023-038 Checklist 24.8. SEPA2024-015 Checklist 24.9. TIA 24.10. Correspondence/Comments 24.11. Staff Report; 24.12. Remainder of Planning Staff File. 25. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 26. 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 2024-003 is hereby APPROVED subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL 1. The Barker Heights Preliminary Plat shall be developed in substantial conformance with the submitted plat, consisting of 215 residential lots. 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." PP 2024-003 Barker Heights Preliminary Platt Page 6 of 8 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. S. 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 backfiil 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 the first priority. If no water rights are available, the property owner shall, in accordance with PMC 21.05.120, pay a water rights acquisition fee to the City, as established in the City Fee Summary Ordinance and 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 support/approval of the proposed development from all outside utilities, public and private. 12. All fees associated with bonding of right-of-way improvements and water rights (if applicable) must be paid at or prior to submission of the final plat for signatures. 13. Street lighting will be required per City standards. 14. Pedestrian/Bike Access: Tracts D, E, and F, proposed for pedestrian and bicycle access, shall be dedicated as public right-of-way in accordance with PMC 21.15.100 and improved with hard - surfaced, ADA-compliant paths that are 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 Broadmoor Boulevard 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 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 PP 2024-003 Barker Heights Preliminary Platt Page 7 of 8 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 "Lane E" known as Atlantic Drive shall obtain future access through shared driveways in order to meet the minimum 75-foot driveway spacing requirement for neighborhood collector streets, as specified in PMC 21.20.010. Driveway spacing shall be measured from the edge of adjacent driveway approaches. 19. Multi -Use Path: The developer shall construct a 12-foot-wide multi -use path along the west side of Broadmoor Boulevard, aligned with the existing development to the south, in accordance with City standards. 20. Broadmoor Boulevard shall be constructed in accordance with the Arterial Street cross-section standards, as specified in City Standard Detail ST-2C. 21. The subdivision shall be responsible for payment of all applicable LID 151 fees. 22. 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." 23. The subdivision shall adhere to the conditions of approval outlined in SP2023-009 for the Regional Irrigation Pump Station. 24. The developer shall be responsible for obtaining all necessary legal documentation from the owner of Parcel No. 115180055 to dedicate the portion of the property required for the extension of Danube Drive as public right-of-way. Dated this day of January, 2026 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). PP 2024-003 Barker Ileights Preliminary Platt Page 8 of 8