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HomeMy WebLinkAboutPP 2026-001 final decisionCITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, PP 2026-001 ) DECISION AND Cherry Bloom Preliminary Plat ) CONDITIONS OF APPROVAL THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on October 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: Strizhak Haven Ranch, LLC, C/O Trey Tutt, 105609 Wiser Parkway, Kennewick, WA 99337. 2. Re uest: Preliminary Plat: Cherry Bloom Preliminary Plat, proposing to subdivide Parcel No. 126160129 for the development of 122 residential lots. 3. Timeline: June 24, 2026 Preliminary Plat Application (PP2026-001) and SEPA Environmental Checklist (SEPA2026-018) submitted July 14, 2026 Revised Preliminary Plat Application-PP2026-001, submitted with owners signature July 15, 2026 Preliminary Plat Application and SEPA Environmental Checklist were Deemed Complete August 7, 2026 Preliminary Plat Memorandum Issued Requesting Revisions August 13, 2026 SEPA Determination of Non -Significance Issued August 20, 2026 Preliminary Plat Map Revision 1 Resubmittal Received September 14, 2026 Preliminary Plat Map Minor Change Received September 23, 2026 Notice of Public Hearing for PP2026-001 Mailed to Properties Within 300 Feet of Proposed Subdivision and County Officials September 27, 2026 Notice for Public Hearing Published in Tri-City Herald October 7, 2026 Public Hearing Staff Report Published 4. PROPERTY DESCRIPTION: 4.1. Parcel: 126160129 PP 2026-001 Cherry Bloom Preliminary Plat Page 1 of 10 4.2. Abbreviated Legal: Short Plat 2021-08 Lot 2 4.3. General Location: The subject area is located south of Burns Road and east of Shoreline Road in Section 12, Township 9N, Range 28 E.W.M. 4.4. Property Size: 22.0 acres. 5. ACCESS: The subdivision will have access to the public street network through Burns Road and connections to the adjacent Desert Bloom development. 6. UTILITIES: Municipal water service is available within Burns Road and Sandifur Parkway, while sanitary sewer and irrigation services are available within Sandifur Parkway. 7. ZONING AND LAND USE: The property is zoned R 3 (Medium Density Residential). The site is currently undeveloped. Surrounding properties are zoned and developed as follows: 7.1. North: RS-20 Franklin County Suburban Zone/Single Family Dwelling Units 7.2. East: R-4/R-1 High/Low Density Residential/Single Family Dwelling Units 7.3. South: R-T Franklin County Residential Transition/Agricultural 7.4. West: RS-20 Franklin County Suburban Zone/Agricultural/Single Family Dwelling Units. 8. COMPREHENSIVE PLAN: 8.1. The Broadmoor Master Plan, adopted concurrently with the Broadmoor Overlay on April 17, 2023, provides detailed development guidance that supplements the Comprehensive Plan. Under the Broadmoor Master Plan, the subject site continues to carry a Medium Density Residential designation, with the maximum allowed density increased from 20 to 29 dwelling units per acre. The Master Plan and Overlay allow zoning classifications of R 2 (Medium Density Residential), R3,and R4. 8.2. Pursuant to Pasco Municipal Code (PMC) 25.97.030, "This chapter shall be used in addition to and in combination with all other district and development regulations contained in this title. The requirements and intent of this chapter shall take precedence over the requirements of the underlying district regulations." Accordingly, the provisions of the Broadmoor Overlay apply in addition to —and take precedence over —the regulations contained in PMC 25.215.015. 9. ENVIRONMENTAL REVIEW (SEPAL: 9.1. The City of Pasco, acting as lead agency for the proposal, determined that the proposal will not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). A Determination of Nonsignificance (DNS) was issued pursuant to the optional DNS process under WAC 197-11-355. 9.2. Comments regarding potential environmental impacts were accepted during the Notice of Application comment period. In accordance with the optional DNS process, no further SEPA comment period was provided following issuance of the DNS. The determination was based on review of the completed environmental checklist, comments received, and other information on file with the lead agency. The environmental review materials are available to the public upon request. 10. ANALYSIS 10.1. Request 10.1.1. The applicant requests approval to subdivide Parcel No. 126160129, an approximately 22- acre site, into 122 single-family residential lots to be developed in two phases. The proposed PP 2026-001 Cherry Bloom Preliminary Plat Page 2 of 10 subdivision includes associated right-of-way dedications, utility easements, and pedestrian and bicycle access connections. The proposal also includes the extension of four local access roads previously approved as part of the Desert Bloom Preliminary Plat located immediately east of the subject site, as well as dedication of one-half of the right-of-way for the neighborhood collector identified in the applicable master plan along the western boundary of the proposed preliminary plat. 10.2. History 10.2.1. The subject property was annexed into the City of Pasco on September 2, 2025, through Ordinance No. 4786. Following annexation, the property was assigned R-3 (Medium -Density Residential) zoning through Ordinance No. 4793, adopted on October 6, 2025. The property's Medium Density Residential land use designation had previously been reaffirmed on April 17, 2023, with the adoption of the Broadmoor Master Plan. 10.2.2. Historical aerial imagery and available property records indicate that the site was previously used for agricultural purposes, with approximately the eastern half of the property historically developed as an apple orchard. Over time, surrounding properties have transitioned from agricultural and undeveloped land to residential development. 10.3. Lot & Right -of -Way Layout 10.3.1. The proposed preliminary plat would create a total of 122 lots for single-family residential development. The proposed lots average approximately 5,157 square feet in area, with individual lot sizes ranging from approximately 4,293 square feet to 6,837 square feet. All residential lots would have frontage on public streets and would be served by public utilities in accordance with applicable City standards. 10.3.2. The subdivision includes dedication of public right-of-way and construction of the internal street network. The proposed street layout includes extensions of four local access roads previously approved through the neighboring Desert Bloom Preliminary Plat to the east, providing continuity between the two subdivisions. The plat also includes dedication and development of the planned neighborhood collector along the western boundary of the site, as identified in the applicable master plan. An additional north -south roadway, identified on the preliminary plat as Road B, is proposed as a local access road. 10.3.3. The preliminary plat also identifies Tracts A through H for pedestrian and bicycle access and related purposes. Tract I, located along the southern boundary of the subdivision, is anticipated to be consolidated with adjacent Parcel No. 126160201 to the south. 11. The subject property is designated Medium Density Residential under the City of Pasco Broadmoor Master Plan. Pursuant to PMC 25.97.055, the Medium Density Residential designation provides for residential development at densities ranging from six (6) to twenty-nine (29) dwelling units per acre. 12. The proposed preliminary plat consists of 122 residential lots on approximately 22 acres, resulting in a calculated density of approximately 5.54 dwelling units per acre. 13. Pursuant to PMC 25.22.030(4)(dx1), when calculating residential density, fractions of one-half or greater are rounded up to the next whole number. Accordingly, the proposed density of approximately 5.54 dwelling units per acre rounds to six (6) dwelling units per acre and satisfies the minimum density applicable to the Medium Density Residential designation. 14. The proposed lots comply with the applicable lot standards of PMC 25.97.055. The proposed lot sizes meet or exceed the minimum requirements of PMC 25.97.055(2), and the proposed lot widths and frontages meet or exceed the applicable R 3 standards of PMC 25.22, as required by PMC 25.97.055(2)(b). PP 2026-001 Cherry Bloom Preliminary Plat Page 3 of 10 15. Sections A and B on Page 86 of the Broadmoor Master Plan identify Local Access Roads and establish the applicable design requirements for those roadways. 16. Pursuant to PMC 25.97.046(6), development applications are required to coordinate with Ben Franklin Transit. 17. Utilities: Water, irrigation, and sewer utilities will be extended to and through the public right-of-way to serve all proposed lots. 18. 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. 19. The proposed residential density is below the eight (8) dwelling units per acre analyzed in the Broadmoor Traffic Impact Analysis (TIA) referenced in the Broadmoor EIS. Payment of transportation impact fees at the rate established by the Pasco Municipal Code and in effect at the time of building permit issuance will adequately address anticipated traffic impacts. The applicant submitted a trip generation letter demonstrating that the Cherry Bloom subdivision's projected trip generation is consistent with the TIA analysis. 20. Impact Fees: Traffic and park impact fees shall be collected for each lot prior to issuance of building permits for new residential development. 21. Addressing: Pursuant to RCW 58.17.280, street names and lot numbers will be assigned at the time of final plat. 22. 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: 22.1. 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; 22.1.1. Adequate provisions are made for public health, safety, and general welfare. The proposed subdivision will be served by City of Pasco police, fire, and emergency medical services. Public streets and associated right-of-way improvements will be designed and constructed in accordance with the Pasco Municipal Code and the City's Design and Construction Standards to provide safe vehicular, pedestrian, and emergency access. 22.1.2. The proposed street network includes dedication and construction of the north -south neighborhood collector along the western boundary of the subdivision, as identified in the applicable master plan. The internal street network also includes four east -west local access streets that will connect with streets approved through the Desert Bloom development immediately to the east, as well as an additional north -south local access street. Together, these improvements will provide internal circulation and connectivity with the surrounding transportation network. 22.1.3. Municipal water, irrigation, and sanitary sewer infrastructure will be extended within the public right-of-way to serve the proposed lots. Stormwater and drainage facilities will be designed and constructed in accordance with applicable City standards to provide for the collection, conveyance, and management of stormwater runoff. 22.1.4. The preliminary plat includes two public pedestrian accessways, together with sidewalks within the public right-of-way, providing approximately 1440 feet of additional pedestrian connectivity and supporting safe walking conditions within and through the subdivision. Coordination with Ben Franklin Transit will be required, as applicable, to address transit access and service considerations associated with the development. PP 2026-001 Cherry Bloom Preliminary Plat Page 4 of 10 22.1.5. The subdivision is located approximately three miles from Vintage Park. Applicable park impact fees will be assessed at the time of building permit issuance to contribute toward park acquisition and improvements necessary to serve growth. Transportation impact fees will likewise be assessed in accordance with applicable City requirements to address the development's proportionate impacts on the transportation system. 22.1.6. Based on the proposed improvements, applicable development standards, and required conditions of approval, adequate provisions are made for public health, safety, and general welfare, including streets and public ways, water supply, sanitary waste disposal, drainage, pedestrian facilities, parks, transportation, emergency access, and other public needs. 22.2. The proposed subdivision contributes to the orderly development and land use patterns in the area; 22.2.1. The proposed subdivision contributes to the orderly development and land use pattern of the area by creating single-family residential lots consistent with the Medium Density Residential designation established by the Broadmoor Master Plan and the planned residential development pattern within the surrounding area. 22.2.2. The subdivision has been designed to integrate with adjacent and future development through a coordinated street and pedestrian network. Four east -west local access streets will extend from streets previously approved through the Desert Bloom development immediately to the east, providing continuity between the two subdivisions. The proposed development will also include full right-of-way improvements, including curb, gutter, sidewalk, and street lighting, in accordance with applicable City standards. 22.2.3. The subdivision will further implement the transportation network identified in the Broadmoor Master Plan through dedication and construction of a portion of the planned north -south neighborhood collector along the western boundary of the site. The approximately 0.18-mile segment proposed with this subdivision will ultimately form part of an approximately 0.85-mile north -south corridor connecting Burns Road with future development areas to the south as development occurs. 22.2.4. The coordinated extension of local streets and the planned neighborhood collector will provide connectivity between existing, proposed, and future development; support efficient circulation; and avoid isolated or disconnected development patterns. Accordingly, the proposed subdivision advances the planned residential and transportation framework for the area and contributes to the orderly development of the Broadmoor area. 22.3. The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; 22.3.1. The proposed subdivision conforms to the applicable policies, maps, and narrative text of the Comprehensive Plan. The subject property is designated Medium Density Residential under the Broadmoor Master Plan, which has been adopted as part of the City's Comprehensive Plan framework for the Broadmoor area. The proposed single-family residential subdivision is consistent with this designation and the planned residential development pattern for the area. As addressed in the Findings of Fact, the proposed density of approximately 5.54 dwelling units per acre rounds to six (6) dwelling units per acre pursuant to the applicable density calculation provisions and is therefore consistent with the minimum density established for the Medium Density Residential designation. 22.3.2. The proposal is also consistent with applicable Comprehensive Plan policies, including: PP 2026-001 Cherry Bloom Preliminary Plat Page 5 of 10 22.3.3. Housing Policy H-1-A: Allow for a full range of housing including single-family homes, townhouses, condominiums, apartments, manufactured housing, accessory dwelling units, zero lot line developments, planned unit developments, etc. 22.3.4. The proposed subdivision will create 122 single-family residential lots within the R-3 zoning district, contributing additional housing opportunities within an area planned for residential growth and consistent with the range of housing types contemplated by the Comprehensive Plan. 22.3.5. Utilities Policy UT-1-A: Ensure that public water and sewer services are available concurrently with development in the urban growth area. 22.3.6. Public water and sanitary sewer infrastructure are available within the vicinity of the site and will be extended through the proposed subdivision to serve the residential lots. Irrigation infrastructure will also be provided. Utility extensions will occur within public rights -of -way and applicable easements and will be designed in accordance with City standards. 22.3.7. The proposed subdivision also implements the planned transportation and connectivity framework for the Broadmoor area. The plat extends four local access streets from the Desert Bloom development to the east and provides a portion of the planned north -south neighborhood collector identified in the Broadmoor Master Plan. Sidewalks and two public pedestrian accessways further provide pedestrian connectivity within and through the development. 22.3.8. Overall, the proposed subdivision is consistent with the applicable Comprehensive Plan land use designation, housing and utility policies, transportation framework, and the adopted Broadmoor Master Plan and contributes to the planned urban development of the Broadmoor area. 22.4. The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; 22.4.1. The proposed subdivision conforms to the general purposes of applicable policies and plans adopted by the City Council. The Broadmoor Master Plan and Broadmoor Overlay District establish the planned land use pattern, transportation network, connectivity, and development framework for the Broadmoor area. The subject property is designated Medium Density Residential under the Broadmoor Master Plan, and the proposed subdivision advances the planned residential development of the area consistent with that designation. 22.4.2. The proposed plat also implements the transportation and connectivity framework established for the Broadmoor area. The subdivision includes extension of four local access streets previously approved through the Desert Bloom development to the east and dedication and construction of a portion of the planned north -south neighborhood collector along the western boundary of the site. The proposed pedestrian accessways and sidewalk network further support connectivity within the subdivision and with surrounding development. 22.4.3. The subdivision will be developed in accordance with the applicable provisions of the Broadmoor Overlay District and the City's adopted residential development standards, including applicable requirements for lot dimensions, frontage, streets, utilities, pedestrian facilities, and other required improvements. 22.4.4. Accordingly, the proposed subdivision is consistent with the general purposes of the City Council -adopted plans, policies, and implementing regulations applicable to development within the Broadmoor area. 22.5. The proposed subdivision conforms to the general purposes of this title; PP 2026-001 Cherry Bloom Preliminary Plat Page 6 of 10 22.5.1. Title 21, Pasco Urban Area Subdivision Regulations, and Chapter 25.97, Broadmoor Overlay District, establish requirements and procedures for subdivisions, including standards for streets, lots, blocks, and application materials. The proposed subdivision is consistent with the intent and applicable provisions of Title 21 and Chapter 25.97. Conditions of approval will address standard requirements and ensure compliance as the preliminary plat advances through the review process. 22.6. The public use and interest will be served by approval of the proposed subdivision. 22.6.1. Approval of the proposed subdivision will serve the public use and interest by allowing development of property designated and zoned for residential use in a manner consistent with the City's adopted plans and development requirements. As demonstrated by the preceding criteria, the proposal provides for the necessary public improvements and services and supports the orderly development of the surrounding area. 22.6.2. Subject to compliance with the recommended conditions of approval, the proposed subdivision will serve the public use and interest. 23. An open record public hearing was held, after legal notice, on October 14, 2026. 24. Appearing and testifying on behalf of the Applicant was Trey Tutt. Mr. Tutt indicated that he is an agent of the applicant, but not the property owner. He indicated that he had reviewed the staff report and agreed with all the representations contained therein. He also reviewed all the proposed conditions of approval and had no objections to any of those. 25. No member of the public testified at the hearing. 26. The following exhibits were admitted into the record: 26.1. Ex.l Maps 26.2. Ex. 2 Preliminary Plat 26.3. Ex.3 Application 26.4. Ex.4 Reports 26.5. Ex. 5 Title Report 26.6. Ex. 6 Public Notices 26.7. Ex. 7 SEPA Documents 26.8. Ex. 8 Trip Generation Letter 26.9. Ex. 9 Broadmoor Master Plan Road Sections 26.10. Ex. 10 Resolution 4608-6-year TIP 26.11. Ex. ll Comments 26.12. Ex. 12 Staff Report 26.13. Ex. 13 Staff Power Point 27. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 28. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. U. CONCLUSIONS OF LAW PP 2026-001 Cherry Bloom Preliminary Plat Page 7 of 10 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 2026-001 is hereby APPROVED subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL 1. The Cherry Bloom Preliminary Plat shall be developed in substantial conformance with the approved preliminary plat and supporting materials, consisting of 122 single-family residential lots, except as modified by these conditions of approval. 2. All improvements shall be in accordance with the Pasco Municipal Code. The Pasco Municipal Code adopts the City of Pasco Standard Specifications, Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction, International Building Code, and International Fire Code. In the event of conflicting requirements, the more stringent requirement shall apply. 3. The face of the final plat shall include the following 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 permitted by RCW 35.43.182." 4. Stormwater facilities shall be designed, constructed, and maintained in accordance with Washington State Department of Ecology requirements and City of Pasco standards. 5. All civil engineering plans submitted for review and approval shall be prepared, stamped, and signed by a Professional Civil Engineer licensed in the State of Washington. 6. All utility lines serving the subdivision, including but not limited to power, telecommunications, and cable services, shall be installed underground in accordance with PMC 21.35.100. Adequate utility easements shall be provided as required and approved by the City. 7. All utilities shall comply with PMC 12.36.050(2), as applicable. 8. The developer shall provide all necessary easements for irrigation service components and install irrigation service main lines to provide irrigation water availability to each lot in accordance with PMC 21.05.130. 9. The face of the final plat shall include the following 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." 10. Any existing water rights associated with the subject property shall be conveyed to the City as a condition of final plat approval. If no water rights exist, the applicant shall pay the applicable water rights acquisition fee in accordance with PMC 21.05.120 and PMC 3.35. PP 2026-001 Cherry Bloom Preliminary Plat Page 8 of 10 11. Only the City of Pasco and franchised utility providers shall be permitted to install facilities within the public right-of-way. 12. Prior to approval of civil construction plans, the developer shall coordinate with all affected utility providers and submit written confirmation of service availability and approval from each utility to the City. 13. 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. 14. Street lighting shall be installed in accordance with the City of Pasco's current standards and approved by Development Services. 15. All pedestrian and bicycle accessways shall be constructed in accordance with PMC 21.15.100 and shall include hard -surfaced, ADA-compliant pathways with adequate lighting, subject to City approval. 16. Mid -block pedestrian crossings shall be provided where pedestrian accessways intersect local access streets, in accordance with PMC 21.15.100. 17. The face of the final plat shall include the following statement in accordance with PMC 21.35.090: "The developer shall install a six-foot masonry block fence along Burns Road as part of the subdivision infrastructure improvements. Fence design and materials shall be approved by the Community and Economic Development Director. Property owners adjoining the fence shall be responsible for maintenance. The City reserves the right to repair or replace the fence as necessary." 18. The final plat shall include the following note: "Existing regulations regarding sight distance, fence height, and setbacks may affect the placement of fences and driveways on any corner lots." 19. The face of the final plat shall include a waiver of the right of direct access to Burns Road for all lots adjacent to Burns Road, in accordance with PMC 21.20.050(4). 20. Transportation impact fees shall be paid at building permit issuance. 21. Park impact fees shall be paid at building permit issuance. 22. All required improvements shall be completed or appropriately bonded prior to final plat approval and recording. 23. The preliminary plat shall remain valid and final plat applications shall be submitted within the timeframes established by PMC 21.25.080. 24. Civil plans and right-of-way improvements for Burns Road and local access roads shall be designed in accordance with the applicable roadway design requirements identified in the Broadmoor Master Plan (Section B, Page 82 for Burns Road and Sections A and B, Page 86 for Local Access Roads). Refer to the attached pages for additional detail. 25. The development shall comply with all applicable requirements and obligations associated with existing latecomer agreements for water utility improvements within Burns Road. 26. Tract I shall be consolidated with the appropriate parcel to the south through the applicable process prior to final plat approval and recording of the phase containing Tract I. 27. Tracts A through H shall be dedicated as public right-of-way for pedestrian and bicycle access and related purposes, pursuant to PMC 21.15.100. 28. Prior to final plat approval, the applicant shall provide documentation confirming that the irrigation easement recorded under Auditor's File No. 1941262 has been abandoned. PP 2026-001 Cherry Bloom Preliminary Plat Page 9 of 10 Dated this i day of October, 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 2026-001 Cherry Bloom Preliminary Plat Page 10 of 10