HomeMy WebLinkAboutHE Determination PP 2019-006 Preliminary Plat Joel's Addition CITY OF PASCO HEARING EXAMINER
Preliminary Plat
Joel's Addition, PP 2019-006
FINDINGS, CONCLUSION AND DECISION
March 2, 2020
1. FINDINGS OF FACT
1.1 Proposal. Plat 6.44 acres into 18 lots.
1.2 Applicant. Story Family Five, LLC, P.O. Box 2289, Richland, WA 99352-0100.
1.3 Location. 804 Road 56, Pasco, WA. (Short Plat 2012-07 Lot 2; SW 1/4 of of the
NE 1/4 of Section 27, Township 09 N, Range 29 E W.M.; Tax Parcel#119 631 090).
1.4 Land Use Designations/Site and Surrounding Area. The area is residential.
The site's R-S-1 zoning implements the Low Density Residential Comprehensive Plan
designation, with single family homes surrounding the site. On three surrounding sides, the land
is zoned RS-20, with RS-12 to the south.
1.5 Evidence Reviewed. The Examiner admitted the Community and Economic
Development Department's Staff Report, which attached the proposed plat, land use maps of the
site and surrounding area, photographs (area and aerial), and the notice of application/DNS.
Besides the Staff Report, these exhibits were admitted:
Exhibit 1: DAHP Comment
Exhibit 2: Applicant Comment(January 8), and Staff Response (January 9)
Exhibit 3: Public Comment, Ms. Lott
Exhibit 4: Public Comment, Ms. Anderson and Mr. Passmore
Exhibit 5: Applicant Comment on Conditions (January 15)
Exhibit 6: Order Re-Opening and Continuing Hearing (January 23, 2020)
Exhibit 7: Geotechnical Report
Exhibit 8: Mass Grading Project(MDNS; DAHP Comment)
Exhibit 9: Applicant Comment(February 14) and Staff Response (February 14)
The Examiner conducted a late afternoon site visit on January 8, 2020.
1.6 SEPA (State Environmental Policy Act, Ch. 43.21C RCW). The Department
issued a DNS, which was not appealed. SEPA review is complete.
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1.7 Hearing. A hearing was initially held on January 8, 2020. The Department
summarized the proposal, and the Applicant addressed Examiner questions. The Applicant had
proposed revisions to Conditions 4 (to include Franklin County Irrigation District), 5 (procedural
revision on form of utility approvals), and 7 (removal of archaeological study requirement). The
Planning Department did not object to the Condition 4 and 5 revisions. No one present wished to
present public testimony. The record was kept open to allow for input on Condition 7.
Following the hearing, two comments were received raising concerns that mailed notice
may not have occurred. The Examiner requested that the Planning Department:
[N]otify all parties of record (along with the individuals who submitted the new
comment) that I will more closely review the two comments submitted today, and
make a decision by day end Thursday, or Friday morning, on whether to re-open
the hearing to allow any necessary notice corrections to be made.'
No further comment was received, and an order re-opening the hearing issued January 23
(Exhibit 6). The supplemental notice was provided, rendering the project compliant with City
notice requirements.2
At the February 12 re-opening of the hearing, the Examiner summarized what had
occurred, with the Planning Department providing updated information. The Department
clarified that some public comment received focused on a rezone which was approved last year,
and not appealed.
The Project Engineer, Mr. Stromstad, addressed Condition 7 (Exhibit 5), which the
Department had proposed in response to DAHP comment. He expressed concern that most of
Pasco would be in the same zone DAHP referred to. A parking lot and boat launch just south of
the site were constructed 10-12 years ago. They abut the River and run through the trail; he had
not heard of protected resources being found, and there is nothing unique about this site. A
geotechnical analysis was prepared, which included digging 8 test holes, 6-8 feet deep. While
the geotechnical firm is not a cultural resources firm, nothing was found. The expected costs for
a comprehensive survey involving test pits could total $10-12,000, or more. He understands that
if resources are found during construction, work will be halted to protect the discovered
resources. However, the up-front cost is significant, there is not a basis for it, and with a short
plat, this issue would not have arisen.
Mr. Broderick, who lives across the street from the project, testified. He was concerned
about the road/access being properly finished, and whether power lines would be underground.
He also wanted to know what the home sizes/type would be (for example, starter homes, mid-
level, etc.), the access provided for lots not directly off the main entrance, and whether irrigation
lines would be extended.
1 Exhibit 6.
z PMC 21.25.050; Staff Report,p.2.
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Mr. Stromstad stated that the power lines serving the site will be underground (this is a
City requirement).3 There is an existing overhead power line on Sylvester's south side. As this
is not considered project frontage, that would remain. On road connectivity:
• Two lots front Road 56—they would have direct access.
• The other lots would have access through a new road connecting with Sylvester.
• On homes without direct access to the new street, there are easements to provide access.
• A shared paved driveway will access the back lots.
The Applicant will cut into Sylvester to tap into the sewer and water lines, and to the
County irrigation district main on Sylvester's south side. There is also an irrigation main on
Road 56 which will supply the lots fronting 56. On road patching, the City has standards for
accepting right-of-way, so improvements must be designed to City standards to allow for
approval and acceptance. On home type, structures will be typical to homes with similar lots and
types. This is about all he can say on type, other than these will be single-family homes.
The record was kept open through February 14, 2020.
1.8 Post-Hearing Submittals. Several exhibits were submitted after the hearing.
The Applicant provided the geotechnical report referenced at the hearing, and an MDNS
condition associated with a different project which had outlined protocols for cultural resource
discovery and not required a survey. The Department submitting a Condition 7 clarification,
which specified the type of report proposed. ("a non-intrusive survey ... due to the proximity to
the Columbia River (McNary) Levy System. ,).4 Consistent with hearing discussion, the term
"non-intrusive" means pit digging or borings are not required. Given construction which has
occurred in the area and the extensive on-site geotechnical borings, with no resources identified,
the non-intrusive approach is a satisfactory, cost effective way to address the DAHP concerns.
1.9 Notice. Hearing notice was mailed to property owners within 300 feet, and
published in the Tri-City Herald, as detailed above. The plat was forwarded to the PUD, Pasco
School District, Cascade Gas, Charter Cable, Franklin County Irrigation District, and Ben-
Franklin Transit Authority for review and Comment.5 PMC notice requirements were met.6
1.10 Lay-Out. The plat can comply with height, lot coverage, landscaping, and
other development standards.7
1.11 Utilities/Right-of-Way. Plat improvements must comply with the City's
Standard Drawings and Specification as approved by the City Engineer. Improvements include
3 PMC 21.35.100.
4 Exhibit 9.
5 Staff Report,p. 5.
6 PMC 21.25.050.
PMC 25.40.050.
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but are not limited to, water, sewer, streets (including right-of-way acceptance standards),
sidewalks, street lights and storm water drainage. Handicapped-accessible pedestrian ramps are
completed within the street and curb improvements before final plat approval. Final utility
easement and right of way dedication locations will determined during the engineering design
phase. The City Engineer will determine the specific placement of fire hydrants and streetlights
when construction plans are submitted. Water and sewer service are available, with the
assignment of water rights a code requirement.$ If no water rights are available to transfer to the
City, the property owner/developer must pay a water right fee in lieu thereof.
1.12 Schools. The Staff Report provides background on School District impact fees,
which ensure facility adequacy to support new development. By paying school impact fees,
adequate provision will be made to address school impacts, as required (RCW 58.17.110; PMC
21.25.060; Ch. 3.45 PMC).
1.13 Traffic Impacts and Safe Walking Conditions. The plat will connect to the
community through the existing network of streets and sidewalks. Curb, gutter, and sidewalk
shall be installed and constructed to City standards and consistent with ADA requirements. To
address project traffic impacts, traffic impact fees will be paid consistent with code requirements
(RCW 58.17.110; PMC 21.25.060; Ch. 3.40 PMC).
1.14 Sewer/Water. As detailed in the Staff Report, municipal sewer and water are
available, which the Applicant will be extending to each lot.
1.15 Parks/Open Space. Park impact fees will be collected at the time of permitting,
per code requirements, to address the project's park impacts and ensure adequate provision for
park facilities is made (RCW 58.17.110; PMC 21.25.060; Ch. 3.50 PMC).
1.16 Conditions/Staff Report. To ensure project development consistent with City
requirements and findings, the Department's proposed conditions should be imposed, with the
agreed upon modifications, and with Condition 7 clarified so it is understand borings are not
required for the cultural resources survey. The preliminary plat is subject to all PMC
requirements, including code time limits for submitting the final plat, and completing required
improvements. Except to the extent the Decision revises it, the Staff Report is incorporated.
2. CONCLUSIONS
The Examiner may approve a preliminary plat if.
(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
8 See e.g., PMC 21.05.120,3.35.160.
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school grounds, sidewalks for safe walking conditions for students and other
public needs;
(2) The proposed subdivision contributes to the orderly development and land
use patterns in the area;
(3) The proposed subdivision conforms to the policies, maps and narrative
text of 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;
(5) The proposed subdivision conforms to the general purposes of this title;
(6) The public use and interest will be served by approval of the proposed
subdivision.9
As the Findings and Staff Report detail, the preliminary plat is consistent with these
criteria and should be approved. This conclusion is based on the code requirements and
compliance with City engineering and street improvement requirements, payment of traffic,
school, and park impact fees (on which no objection was raised). This, coupled with required
improvements and code compliance, adequately provides for open space, drainage, public ways,
water and waste, parks, transit, schools, and sidewalks for safe walking conditions. As these
issues are addressed, adequate provision is made for the public health, safety and welfare, and
the plat will contribute to the orderly development of the area. As the Staff Report addresses, as
mitigated the plat is consistent with the Comprehensive Plan, and conforms to City adopted
policies, Title 21 purposes, and serves the public use and interest.
DECISION
The Hearing Examiner approves the requested preliminary plat, subject to these
conditions.
1. All improvements shall be in accordance to 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.
9 PMC 21.25.060;PMC 2.50.080.
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2. The face of the plat shall include this statement. "As a condition of approval of
this preliminary plat the owner waives the right to protest the formation of a Local Improvement
District for sewer/water/road/sidewalk improvements to the full extent as permitted by RC W
35.43.182.
3. 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,
4. Only City and Franklin County Irrigation District (FCID) maintained utilities are
allowed in the public right of way. Any existing non-city or non-FCID owned utilities located in
the right of way must be relocated to a utility easement outside of the right of way at the
developer's expense. Overhead utilities shall be placed underground.
5. 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.
6. Name of the proposed public road shall conform to the requirement of PMC
21.15.010(4)
7. A non-intrusive cultural resources survey from a qualified professional shall be
prepared.
Absent a timely appeal,this Decision is final.10
DECISION entered March 2, 2020.
ity of Pasco Hearing Examiner
Susan Elizabeth Drummond
i0,See Ch. 36.70C RCW(establishing 21 day appeal period to superior court,and setting forth necessary petition for
review contents,along with filing and service requirements). The approval is only valid for a set period of years.
See PMC 21.25.080,21.30.010.
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