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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. City of Pasco Hearing Examiner Page 1 of 6 Decision, Preliminary Plat,PP 2019-006 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. City of Pasco Hearing Examiner Page 2 of 6 Decision, Preliminary Plat,PP 2019-006 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. City of Pasco Hearing Examiner Page 3 of 6 Decision, Preliminary Plat,PP 2019-006 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. City of Pasco Hearing Examiner Page 4 of 6 Decision, Preliminary Plat,PP 2019-006 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. City of Pasco Hearing Examiner Page 5 of 6 Decision, Preliminary Plat,PP 2019-006 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. City of Pasco Hearing Examiner Page 6 of 6 Decision, Preliminary Plat, PP 2019-006