HomeMy WebLinkAboutHE Determination PP 2020-004 Preliminary Empire Estates CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION
Preliminary Plat
Empire Estates, PP 2020-004
June 1, 2020
1. FINDINGS OF FACT
1.1 Proposal. 28-lot single family plat on a vacant 8.43 acre site (four parcels), with
no critical areas.
1.2 Applicant. Empire Bros. Construction, LLC, 204105 E. Schuster Road,
Kennewick, WA 99337.
1.3 Location. Generally, east of Heritage Boulevard, roughly aligned with East
Helena Street. Assessor Parcel Nos. 113-881-015, 113-882-014, 113-882-023, and 113-883-
013.1
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 3.3 dwelling units per acre, the proposal
complies. Surrounding zoning and land uses are:
North: C-3, salvaged auto storage
East: R-1, vacant
South: RT and C-3, vacant
West: RT, vacant
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 notice of application/MDNS. 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 with conditions requiring an
inadvertent discovery protocol for cultural or historical artifacts (Condition 5), and developer
1 The Staff Report contains the legal descriptions.
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Decision, Preliminary Plat,PP 2020-004
contribution to the cost of SR 12 / E "A" Street turn restriction improvements (Condition 6).
SEPA review is complete.
1.7 Hearing. An open record public hearing was held May 13, 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 for five days, through May 18. No additional written
comments were received. The Department identified key points from the Staff Report, and the
Applicant, through Mr. Mapstead, confirmed 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 May 6, 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 Access. The site currently does not have access from any public street. The
extension of E. Helena Street from Heritage Boulevard will provide access to the site with the
development. The future extension of Primavera Drive to meet with E. Helena Street will also
provide a connection to the Tierra Vida neighborhood to the east. Ben Franklin Transit's closest
stop to the development site is located near the intersection of Manzanita Lane and E. "A" Street.
1.10 Layout. The plat contains 28 single-family lots ranging from 7,200 to 8,439
square feet, with an average of 7,635. 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 will need to be extended from either Primavera Drive
to the east and/or at the intersection of Heritage Boulevard and E. Helena Drive to the west.
Utilities may also be extended northward from E. "A" Street. 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.
2 PMC 21.25.050.
3 PMC 25.45.050.
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Decision, Preliminary Plat,PP 2020-004
There are existing City of Pasco irrigation lines within E. Helena Street and Primavera
Drive which will be extended to serve the development. 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 will have frontage on public streets, some of
which have been previously dedicated and others of which will be dedicated with this plat. A
portion of the right-of-way extension of E. Helena Street from Heritage Boulevard to the
easternmost edge of the plat area will be improved with this subdivision. The design engineer for
both Empire Estates and Tierra Vida is to submit street engineering plans for both developments
concurrently for the benefit of both plats; thus, both E. Helena Street and Primavera Drive shall
connect and be improved at roughly the same time. When fully developed, the subdivision will
generate approximately 267 vehicle trips per day.
A vacation petition is being reviewed by staff simultaneously, which involves the
potential vacation of portions of rights-of-way (streets and alleys) within the existing plat of
Washington Addition. The public hearing for this vacation shall occur after preliminary plat
approval of Empire Estates to prevent any vacation of rights-of-way that will be required to
provide sufficient access to the proposed plat and the surrounding area.
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.
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.
'PMC 21.05.120;PMC 3.35.160.
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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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.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.
8 PMC 21.25.060.
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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. Connections to both Heritage Boulevard and Primavera Drive must be complete
as a condition of final plat approval.
5. An inadvertent discovery protocol must be established for the potential discovery
of cultural or historical artifacts before or during improvements/construction.
6. The developer must contribute to the cost of the SR 12 / E. "A" Street turn
restriction improvements as directed by the Washington State Department of Transportation.
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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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,9 and absent a timely appeal, this
Decision is final.10
DECISION entered June 1, 2020.
City of Pasco H trig tx iner
Susan Elizabeth Drummond
9 See PMC 21.30.010(five years to submit final plat).
io 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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