Loading...
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. City of Pasco Hearing Examiner Page 1 of 6 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. City of Pasco Hearing Examiner Page 2 of 6 Decision, Preliminary Plat,PP 2020-003 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. City of Pasco Hearing Examiner Page 3 of 6 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. City of Pasco Hearing Examiner Page 4 of 6 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. City of Pasco Hearing Examiner Page 5 of 6 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). City of Pasco Hearing Examiner Page 6 of 6 Decision, Preliminary Plat,PP 2020-003