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HomeMy WebLinkAboutHE Determination PP2020-005 Barker Ranch CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION Barker Ranch Preliminary Plat, PP 2020-005 February 3, 2021 1. FINDINGS OF FACT 1.1 Proposal. 101-lot single-family plat on vacant 25.86-acre site with no critical areas. 1.2 Applicant. RP Development Inc., 6159 W. Deschutes Avenue, Suite 509, Kennewick, WA 99336. 1.3 Location.Parcel 1,335 feet north of Burns Road and 1,330 feet west of Broadmoor Blvd. Lot 5, Short Plat 2020-22, Parcel #115-180-078. 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,providing for two to five dwellings per acre. At 3.9 dwellings per acre, the plat is consistent. Surrounding zoning and land uses are: North: RS-1, Farming (County) East: RS-1, Vacant South: RT, Vacant West: RS-20 (C), Vacant(Pasco School District) 1.5 Evidence Reviewed. The Examiner admitted the Community and Economic Development Department's ("Department") revised Staff Report, and accompanying exhibits. These included the proposed plat, as revised just before the hearing, land use maps of the site and surrounding area (overview, vicinity, use, zoning, and plan), and photographs. Documentation of SEPA review was also provided, including the SEPA Checklist and comments received. The Washington State Departments of Transportation, of Ecology, and of Archeology and Historic Preservation commented, with the latter providing its model Inadvertent Discovery Plan. The Confederated Tribes of the Umatilla Indian Reservation and Palus Tribe also commented. Except as this Decision alters it, the revised Staff Report is incorporated into these findings. 1.6 SEPA (State Environmental Policy Act, Ch. 43.21C RCW). The Department issued a Revised Mitigated Determination of Non-Significance. The threshold determination had been withdrawn on December 14, 2020, so was re-issued January 6, 2021. It included this condition, "[a]n inadvertent discovery protocol must be established for the potential discovery of cultural or historical artifacts before or during improvements/construction." City of Pasco Hearing Examiner Page ] of 8 Decision,Preliminary Plat,PP 2020-005 MDNS re-issuance required that the hearing record be kept open through close of comment on January 20.No appeal was filed and no request was made to re-open the public hearing to allow for additional testimony. SEPA review has been completed. 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, and also at Applicant request, the record was kept open through December 15, a deadline later extended to January 20, due to MDNS re-issuance. Additional SEPA documents were received during this period (the threshold determination and SEPA comments), but no additional plat comments from the public were submitted. At Examiner request, the Applicant provided a memo detailing plat road improvements. Mr. Bauman appeared for the Applicant. He asked about Condition 6, and whether the last sentence referred only to landscaping maintenance fees.The Department confirmed it did and there was no objection to adding the word"maintenance"to provide clarification.He also had a question on Condition 8 and utility relocation responsibilities. To address this question, the revised Staff Report proposed alternative language,which simply reflects the current legal structure. There was also a question on the timing of landscaping maintenance fee payment, which the Applicant and Department agreed to consult on. Applicant comment requesting further clarification on this condition was not received. The Examiner can revise conditions to address timing/coordination concerns, but additional information would be needed to revise the language. Mr. Fetterolf, the Project Engineer, also appeared. No other concerns were identified. 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.' 1.9 Lots. The plat contains 101 single-family lots ranging from about 7,346 to 12,724 square feet, meeting the 7,200 square foot minimum lot size requirement. The plat is designed so all residences can comply with height,lot coverage,landscaping,and other development standards of the R-1 zone.' 1.10 Archaeological/Cultural Resources. The Department of Archaeology and Historic Preservation,Palus Tribe,and the Confederated Tribes of the Umatilla Indian Reservation provided SEPA comment. A survey was requested, in addition to development of the SEPA required Inadvertent Discovery Protocol.' A desktop review of our Statewide Predictive Model has identified the proposed project area as having high potential for archaeological resources. This is due, in 'PMC 21.25.050. z PMC 25.45.050. s The model IDP DAHP has developed was submitted during the plat proceedings. City of Pasco Hearing Examiner Page 2 of 8 Decision,Preliminary Plat,PP 2020-005 part, to the landform type, as well as the proximity of the proposed project area to the Columbia River, a resource known to have been significant throughout history and prehistory. Further, the scale of the proposed ground disturbing actions would destroy any archaeological resources present. Identification during construction is not a recommended detection method because inadvertent discoveries often result in costly construction delays and damage to the resource.Therefore,we recommend a professional archaeological survey of the project area be conducted prior to ground disturbing activities. We also recommend consultation with the concerned Tribes' cultural committees and staff regarding cultural resource issues.4 The Confederated Tribes of the Umatilla Indian Reservation(CTUIR)requests and recommends that archaeological survey and testing occur prior to ground disturbing activities given the proximity to known archaeological sites,burials,and the project areas proximity to the Columbia River means it is in a high probability area to encounter cultural resources. The CTUIR also recommends that ground disturbing activities are monitored.' [The plat] lies within the traditional territory of the Palus Tribe. The Palus Tribe is a constituent member of and represented by the Confederated Tribes of the Colville Reservation....There is insufficient data to assess impacts of this project on cultural resources. Therefore we request a letter from DAHP with an assessment of the cultural resources within the APE, and/or an archaeological assessment or investigation be conducted in the project APE and the resulting report be sent for review prior to the commencement of the project.' The site is within an area which is gradually urbanizing, and the record does not disclose the presence of cultural resources on the site or in the immediate area.However,given the concerns raised, a survey should be prepared to provide a better understanding of the site before ground disturbing activities occur. The survey need not include shovel tests as when the site is disturbed, an IDP is required, and all site work must adhere to DAHP requirements.' 1.11 Transportation and Access. When fully developed, the subdivision will generate approximately 952 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 future dedicated Roads 104 and 108.8 All lots will have frontage on streets to be dedicated with the plat. The north right-of-way extent of Burns Road between future Roads 104 and 108, along with Roads 104 and 108, 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 4 DAHP Comment(November 5,2020). 'Confederated Tribes of the Umatilla Indian Reservation; see also comment from Department of Archaeology and Historic Preservation(January 5,202 1)("We still do not feel that an IDP alone is sufficient for this project,and continue to recommend that a cultural resources survey is completed prior to construction."). 'Comment,Palus Tribe(November 18,2020). 'Ch.27.53 RCW;Ch.25-48 WAC. s Interconnectivity is necessary to adhere to the Comprehensive Plan,address utility interconnection,and provide for emergency services. City of Pasco Hearing Examiner Page 3 of 8 Decision,Preliminary Plat,PP 2020-005 standards.' Traffic impact fees will be paid consistent with code.10 The plat, as with other development in the area, will impact I-182, as DOT noted. The site is not adjacent to Interstate 182 (182); however,we anticipate the majority of vehicle traffic generated by this development will utilize the 1-182 Exit 7 (Broadmoor Boulevard) interchange and we have the following comments. ... [T]he City of Pasco is in the process of rezoning or developing large areas to dense urban development in the Broadmoor Boulevard vicinity. These actions will put tremendous traffic pressure on the I-182 Broadmoor Boulevard/Road 100 interchange, which today functions within acceptable safety and operational standards and it is to the benefit of the city, state, and developer(s) to preserve this facility's efficiency. The proposed would create 100 lots and will put additional traffic pressure on the 1-182 interchange. At some point, development driven impacts will cause the Exit 7 interchange to fall below acceptable levels of service. The need for improvements is created by development and is the responsibility of development to mitigate these impacts. Therefore, we recommend the city require a traffic impact analysis (TIA) be done at this time by a licensed traffic engineer at the proponent's expense. The study should be submitted to the city and WSDOT for review and comment. We request the TIA analyze the impacts to the 1-182 Exit 7 interchange. Mitigation to offset the impacts(if any)for this proposal should be identified in the traffic study." Typically, a TIA would be prepared before a SEPA threshold determination issues. However, it was not, and the SEPA determination was not appealed. Consequently, the Examiner lacks adequate information to design mitigation in addition to the required traffic impact fees detailed at Ch. 3.40 PMC, a code chapter which references an"1-182 corridor traffic impact fund" (PCC 3.40.100). 1.12 Schools. Columbia River Elementary School and Ray Reynolds Middle School are less than one mile from the plat. The Pasco School District owns the adjacent parcel to the west. It was designated for a future high school, but plans are not firm. 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.12 1.13 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. Ben Franklin Transit Routes 67 and 225 have stops about 1.15 miles to the southeast near the corner of Broadmoor Boulevard/Road 100 and Sandifur Parkway. 9 Ch.21.15 PMC. io Ch. 3.40 PMC. 11 Dept.of Transportation Comment(January 6,2021). 12 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 4 of 8 Decision,Preliminary Plat,PP 2020-005 1.14 Utilities. Municipal water is available along Burns Road. The site will participate in the Northwest Area Sewer LID project for connection to the existing sanitary sewer system. 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 South Columbia Basin Irrigation District service area. The existing agricultural water allotment shall be released for any lands associated with the subdivision prior to the approval of the plat. The assignment of water rights is a requirement for subdivision approval per PMC.13 If no water rights are available to transfer to the City, the property owner/developer must pay a water right fee in lieu thereof. 1.15 Stormwater. "Tract(B) ... will be used for stormwater infiltration. We are unable to infiltrate the stormwater in the southeast portion of the site due to high fill areas."14 Stormwater infrastructure will be designed and installed consistent with City requirements. 1.16 Parks/Open Space. Vintage Park is over 1.5 miles to the southeast. 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.` 1.17 Landscaping. The plat will be landscaped consistent with City requirements, which require front yard landscaping and right-of-way planting strips.16 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.17 1.18 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. 1.19 Conditions. To ensure project development consistent with City requirements and findings,the Department's proposed conditions in the revised Staff Report should be imposed with three revisions. The revised Staff Report proposed a condition requiring Fire Station #83 be constructed before final plat approval. There is insufficient information on the timing of Station 13 PMC 21.05.120;PMC 3.35.160. 14 Applicant e-mail(December 8,2020). 15 RCW 58.17.110;PMC 21.25.060(1);Ch. 3.50 PMC. 16 Ch.25.180 PMC,PMC 25.180.050(4),Ch. 12.12 PMC. 17 PMC 21.35.090. City of Pasco Hearing Examiner Page 5 of 8 Decision,Preliminary Plat,PP 2020-005 development to impose the condition as worded. The Fire Department did not comment or request mitigation at this juncture. To the extent there are fire apparatus access issues, the fire official has authority to require additional fire safety measures through the Fire Code (Condition 1). Also, a condition addressing the cultural resources issues noted above is added.And,finally,the plat states the zoning is R-S-1, but it is R-1. This should be corrected. 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.1 s 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. 18 PMC 21.25.060. City of Pasco Hearing Examiner Page 6 of 8 Decision,Preliminary Plat,PP 2020-005 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. 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 as all maintenance fees are collected for each phase that abut 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. City of Pasco Hearing Examiner Page 7 of 8 Decision,Preliminary Plat,PP 2020-005 8. Only City and other utilities with franchise agreements are allowed in the public right of way. Overhead utilities shall be placed underground. 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. 10. Final Plat shall not be approved until there is availability of sewer utilities (Northwest Sewer LID). 11. Before ground disturbing activities occur, inadvertent discovery protocols shall be established as the SEPA determination requires and a non-invasive archaeological survey completed. 12. The plat shall be corrected to note the correct zoning. The final plat must be submitted within code time limits,19 and absent a timely appeal, this Decision is final.20 DECISION entered February 3, 2021. /s/ City of Pasco Hearing Examiner Susan Elizabeth Drummond ie See PMC 21.30.010(five years to submit final plat). 21 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 8 of 8 Decision,Preliminary Plat,PP 2020-005