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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. City of Pasco Hearing Examiner Page 1 of 6 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. City of Pasco Hearing Examiner Page 2 of 6 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. City of Pasco Hearing Examiner Page 3 of 6 Decision, Preliminary Plat,PP 2020-004 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. City of Pasco Hearing Examiner Page 4 of 6 Decision, Preliminary Plat,PP 2020-004 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. City of Pasco Hearing Examiner Page 5 of 6 Decision, Preliminary Plat,PP 2020-004 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). City of Pasco Hearing Examiner Page 6 of 6 Decision, Preliminary Plat,PP 2020-004