HomeMy WebLinkAboutHE Determination PP 2020-003 7HA LLC Seven Sisters Preliminary Plat CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION
7HA LLC Seven Sisters Preliminary Plat, PP 2020-003
December 24,2020
1. FINDINGS OF FACT
1.1 Proposal. 233-lot single family plat on a vacant 60.01-acre site with no critical
areas.
1.2 Applicant. Derek Alexander/7HA Family LLC, 2090 Kingston Road, Richland,
WA 99354.
1.3 Location. Between Roads 84 and 90 just north of Burns Road. Assessor Parcel
No. 115-170-069.'
1.4 Land Use Designations/Site and Surrounding Area. The site, within the Pasco
Urban Growth Boundary, is zoned R-1 (Low Density Residential), which implements the site's
Low Density Residential Comprehensive Plan designation. R-1 specifies development at a
density of two to five dwelling units per acre. At 3.9 dwelling units per acre, the proposal
complies. Surrounding zoning and land uses are:
North: AP-20(County), farming(County)
East: R-T (County); R-1, farming and single-family homes
South: R-1, single-family homes
West: R-1, Pasco School District elementary and middle schools
1.5 Evidence Reviewed. The Examiner admitted the Community and Economic
Development Department's ("Department") Staff Report, which attached the proposed plat, land
use maps of the site and surrounding area (overview, vicinity, use, zoning, and plan), and
photographs. Except as revised, the Staff Report is incorporated into these findings.
1.6 SEPA (State Environmental Policy Act, Ch. 43.21C RCW). The Department
issued an unappealed Mitigated Determination of Non-Significance. SEPA review is complete.
1.7 Hearing. An open record public hearing was held December 9, 2020. Due to
COVID-19 restrictions, the hearing was conducted remotely, with the Examiner, Department,
and Applicant calling in. Access information was available to the public to allow citizens to join
via either a video link or telephone call-in. There were no reported technical difficulties during
the call or afterwards. However, in case any citizens who wished to comment had difficulty
calling in, the record was kept open through December 11. The Applicant provided a road
standards memo per Examiner request. The Department provided supplemental detail on street
improvement requirements and the MDNS. No additional written comments were received.
1 The Staff Report contains the legal description.
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Decision, Preliminary Plat,PP 2020-003
The Department identified key points from the Staff Report. The Applicant, through Mr.
Alexander, raised a clarifying question on proposed Condition 6, which details common area
maintenance fee requirements. He asked whether the last sentence referencing "all fees" is a
reference to fees other than the maintenance fee. The Department confirmed the reference is to
only the maintenance fee. To avoid confusion, the Examiner suggested adding the word
"maintenance." There was no objection. Mr. Alexander confirmed that other than this
clarification, he had no concerns with the proposed conditions. No person from the public
indicated a wish to testify.
1.8 Notice. Hearing notice was mailed to property owners within 300 feet and
published in the Tri-City Herald October 29, 2020. The proposal was circulated to the PUD, the
Pasco School District, Cascade Gas, Charter Cable, Franklin County Irrigation District, and Ben-
Franklin Transit Authority. There were no objections to approval provided requirements are met.
PMC notice requirements were met.2
1.9 Lots. The plat contains 233 single-family lots ranging from 7,291 to 12,890
square feet, with an average of 7,997. The plat can comply with height, lot coverage,
landscaping, and other development standards of the R-1 zone.3
1.10 Transportation and Access. When fully developed, the subdivision will generate
approximately 2,218 vehicle trips per day. The plat will be developed to City standards to assure
proper access is maintained to each lot. Connections to the community and surrounding
development is provided by the extension of Roads 84 and 90 to Burns Road to the south, along
with multiple interconnection points.4 All lots will have frontage on streets to be dedicated with
this plat. The north right-of-way extent of Burns Road from Road 84 to Road 90, along with
Roads 84 and 90, will be fully improved and completed with this subdivision. Internal plat
streets and right-of-way improvements shall be constructed as detailed in the conditions and
consistent with code requirements and City engineer approved road standards.5 Traffic impact
fees will be paid consistent with code.6
1.11 Schools. Angelou Elementary School, Columbia River Elementary School, and
Ray Reynolds Middle School are less than half a mile from the plat. The Staff Report provides
background on School District impact fees, which ensure facility adequacy to support new
development. By paying school impact fees, adequate provisions can be made to address school
impacts.7
1.12 Safe Travel and Walking Conditions. The plat includes adequate streets and
sidewalks. Curb, gutter, and sidewalks will be installed and constructed to City standards and
consistent with ADA requirements. The plat was submitted to the Transit Authority for review.
2 PMC 21.25.050.
3 PMC 25.45.050.
4 Interconnectivity is necessary to adhere to the Comprehensive Plan,address utility interconnection,and provide for
emergency services.
5 See e.g., PMC 21.15.030, .040, .050,and.060,and generally Ch.21.15 PMC.
6 Ch. 3.40 PMC.
7 RCW 58.17.110;PMC 21.25.060(1)("[a]dequate provisions"must be made for"schools and school grounds"),
and Ch. 3.45 PMC.
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Ben Franklin Transit Routes 67 and 225 have stops about 3/4 of a mile to the south near the corner
of Broadmoor Boulevard/Road 100 and Sandifur Parkway.
1.13 Utilities. Water and sewer will be extended from Roads 84 and 90 south of Burns
Road. The developer is responsible for providing utilities to each lot and completing utility work
consistent with code requirements, including PMC 12.24.180.
The City Engineer will determine the specific placement of fire hydrants and streetlights
when construction plans are submitted. Generally, fire hydrants are located at street intersections
and with a maximum interval of 500 feet between hydrants on alternating sides of the street;
streetlights are located at street intersections, with a maximum interval of less than 300 feet on
residential streets, and with a maximum interval of 150 feet on arterial streets. The intervals for
streetlight placements are measured along the centerline of the road. Streetlights are placed on
alternating sides of the street.
The parcel is located within Franklin County Irrigation District service area but is not
currently served or assessed by FCID. FCID has a 24" PVC line that extends across the Burns
Road frontage within a 30-foot irrigation easement from the section line north between Roads 84
and 90. A 30' easement will be required prior to the start of any construction along Burns Road.
The assignment of water rights is a requirement for subdivision approval per PMC.B If no
water rights are available to transfer to the City, the property owner/developer must pay a water
right fee in lieu thereof.
1.14 Parks/Open Space. Vintage Park is approximately .35 miles from the plat's
southeast corner. 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.9
1.15 Landscaping. The plat will be landscaped consistent with City requirements,
which require front yard landscaping and right-of-way planting strips.10 Condition 6 requires a
common area maintenance fee to ensure maintenance of public right-of-way arterial boulevard
strips (Burns Road). Condition 4 requires fencing along Burns Road, which addresses safety and
use compatibility issues."
1.16 Infrastructure. Plat improvements shall comply with the City's 2018 Standard
Drawings and Specification as approved by the City Engineer. These improvements include but
are not limited to water, sewer and irrigation lines, streets, streetlights, and storm water retention.
The handicapped-accessible pedestrian ramps are to be completed with the street and curb
improvements prior to final plat approval
1.17 Conditions. To ensure project development consistent with City requirements and
findings, the Department's proposed conditions should be imposed without substantive revision.
'PMC 21.05.120;PMC 3.35.160.
9 RCW 58.17.110;PMC 21.25.060;Ch. 3.50 PMC.
10 Ch.25.180 PMC,PMC 25.180.050(4),Ch. 12.12 PMC.
11 PMC 21.35.090.
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Decision, Preliminary Plat,PP 2020-003
The preliminary plat is subject to all PMC requirements, including code time limits for
submitting the final plat and completing required improvements.
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
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.12
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, and 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 preliminary plat, subject to these conditions.
1. All improvements shall be in accordance with 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
12 PMC 21.25.060.
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Decision, Preliminary Plat,PP 2020-003
International Fire Code. If there are any conflicting regulations in any of these documents, the
more stringent regulation shall apply.
2. The face of the final plat shall include this statement: "As a condition of approval
of this final 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 RCW
35.43.182."
3. 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."
4. 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 Burns Road 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."
5. The face of the final plat shall include this statement: "Excess right-of-way along
Burns Road must be landscaped. Said landscaping shall include irrigation, turf, and trees. Trees
shall be planted at 50-foot intervals. The species of the trees will be determined by the Parks
Department."
6. The developer/builder shall pay the City a "Common Area Maintenance Fee" of
$475 per lot upon issuance of building permits for homes. These funds shall be placed in a fund
and used to finance the maintenance of arterial boulevard strips. The City shall not accept
maintenance responsibility for the landscaping abutting said street until such time that all
maintenance fees are collected for each phase that abuts said streets.
7. 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.
8. 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.
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Decision, Preliminary Plat,PP 2020-003
9, 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.
The final plat must be submitted within code time limits,'3 and absent a timely appeal,
this Decision is final.14
DECISION entered December 24, 2020.
City of Paseo Hearing Examiner
Susan Elizabeth Drummond
13 See PMC 21.3 0.010(five years to submit fmal plat).
'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).
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