HomeMy WebLinkAboutHE Determination PP 2020-001 TDKJ Residential Property CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION
Preliminary Plat
(Road 84 Plat)
TDKJ Residential Property,LLC, PP 2020-001
June 1, 2020
1. FINDINGS OF FACT
1.1 Proposal. 16-lot single family plat on a vacant 3.76 acre site with no critical
areas.
1.2 Applicant. TDKJ Residential Property, LLC, P.O. Box 903, Richland, WA
99352.
1.3 Location. Southeast corner of Road 84 and Massey Drive.l
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 4.2 dwelling units per acre, the proposal
complies. Surrounding zoning and land uses are:
North: R-1, Three Rivers Elementary School
East: R-1, single family dwelling units
South: RP, Pathfinder Mobile Home Park
West: R-1, single family dwelling units
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, and zoning), photographs, and
the DNS. 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 Determination of Non-Significance. SEPA review is complete.
1.7 Hearing. An open record public hearing was held May 13, 2020, which was a
continuation from April 8, 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
1 The Staff Report contains the legal description.
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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 for five days,
through May 18. No additional written comments were received. The Department identified key
points from the Staff Report. The Applicant did not have 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. 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 Access. The site has access from Road 84 and Massey Drive. Ben Franklin
Transit's closest stop to the development site is at the intersection of Road 84 and Massey Drive.
1.10 Layout. The plat contains 16 single-family lots ranging from 9,687 to 11,251
square feet, with an average of 10,227. The plat can comply with height, lot coverage,
landscaping, and other development standards of the R-1 zone.3
1.11 Utilities. Water and sewer are available in Road 84 and Massey Drive. The
developer is responsible for providing utilities to each lot.
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.
There is an existing Franklin County Irrigation District line in Massey Drive. All lots
will have irrigation service.
The assignment of water rights is a requirement for subdivision approval per PMC.4 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 Right-of-Way/Traffic. All lots have frontage on streets which have been
previously dedicated. The right-of-way extension of Massey Drive from Road 80 to Road 84 will
be fully improved and completed with this subdivision. When fully developed, the subdivision
will generate approximately 153 vehicle trips per day.
2 PMC 21.25.050.
3 PMC 25.45.050.
4 PMC 21.05.120;PMC 3.35.160.
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1.13 Schools. The Staff Report provides background on School District impact fees,
which are designed to ensure facility adequacy to support new development. By paying school
impact fees, adequate provision will be made to address school impacts, as is required.5
1.14 Safe Travel and Walking Conditions. The plat includes adequate streets and
sidewalks. Curb, gutter, and sidewalk shall be installed and constructed to City standards and
consistent with ADA requirements. Traffic impact fees will be paid consistent with code
requirements.6
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.7
1.16 Conditions. To ensure project development consistent with City requirements and
findings, the Department's proposed conditions should be imposed without substantive revision.
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;
5 RCW 58.17.110;PMC 21.25.060 and Ch. 3.45 PMC.
6 Ch. 3.40 PMC.
RCW 58.17.110;PMC 21.25.060;Ch. 3.50 PMC.
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(6) The public use and interest will be served by approval of the proposed
subdivision.8
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.
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."
8 PMC 21.25.060.
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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 Road 84 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
Road 84 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 fees are
collected for each phase that abuts said streets.
7. The face of the final plat shall include this statement: "A 10-foot pedestrian and
bicycle path shall be provided, improved (paved), and maintained on the "Access and Utility
Easement" on Lot 16. The developer shall also be responsible for the construction of a solid
fence along each side of the pathway. Fence design and material must be approved by the
Community and Economic Development Director."
8. 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.
9. 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.
10. 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
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written support/approval of the proposed development from all outside utilities, public and
private.
The final plat frust be submitted within code time limits or is void, and absent a timely
appeal, this Decision is final.°
DECISION entered June 1, 2020.
City of Pasco Hearing Examiner
Susan Elizabeth Drummond
s.See PMC 21.30.0 10(Five years to submit final plat).
10 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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