HomeMy WebLinkAboutHE Determination PP 2021-004 Wernett Ridge Preliminary Plat CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION
Wernett Ridge Preliminary Plat, PP 2021-004
June 23, 2021
1. FINDINGS OF FACT
1.1 Proposal. 56-lot single-family plat on a vacant 13.7 acre site with no critical
areas.
1.2 Applicant. J&J Kelly Construction, 1802 Road 76, Pasco, WA 99301.
1.3 Location. Two parcels near the northwest corner of Burns Road and Broadmoor
Boulevard. Lots 3 and 4, Short Plat 2020-22.
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 4.09 dwellings per acre, the plat is consistent. Surrounding zoning and land uses are:
North: RS-20, single-family residences
East: RS-20 (County), single-family residences
South: RS-20 (County), single-family residences, vacant land, floodplain
West: R-1; RS-20 (County), single-family residences, vacant land
1.5 Evidence Reviewed. The Examiner admitted the Community and Economic
Development Department's ("Department") Staff Report, preliminary plat application, public
notice documents, MDNS, plat, maps of the site and surrounding area (overview, vicinity, use,
zoning, and plan), photographs, and comments (from the public, Applicant, and Department
counsel). Following the hearing, the Examiner raised a question on plat configuration with
respect to R-1 zoning requirements, which the Department addressed. The Applicant's counsel
also submitted a brief e-mail requesting decision issuance. Except as this Decision revises it, the
Staff Report is incorporated into these findings.
1.6 SEPA (State Environmental Policy Act, Ch. 43.21C RCW). The Department
issued a Mitigated Determination of Non-Significance, including these conditions:
1. An inadvertent discovery protocol must be established for the potential
discovery of cultural or historical artifacts before or during
improvements/construction.
2. A traffic impact analysis to determine the impacts of additional vehicle trips
and the need for traffic mitigation measures shall be prepared in accordance
City of Pasco Hearing Examiner Page 1 of 8
Decision, Preliminary Plat,PP 2021-004
with the City of Pasco's most recent Design and Construction Standards and
Specifications.
No appeal was filed. SEPA review is complete.
1.7 Hearing. An open record public hearing was held May 12, 2021. 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. At the hearing, the Department, through Mr. Adams, summarized the
project, and Mr. Briggs addressed certain legal issues, and noted the project's consistency with
planning for the area. The Applicant, through its counsel, Mr. Fickes, further described the
proposal and addressed proposed conditions. Mr. Kelly had a clarification question on the water
condition as the Applicant has irrigation water. In response to public comment, Mr. Fickes stated
the road system is concurrent and with the project, level of service will not drop below the City's
adopted standard. Public comment is addressed below. In case any citizens who wished to
comment had difficulty calling in, and to allow for Department/Application coordination on
conditions, the record was initially kept open through May 19, but at Applicant request, the
Examiner kept the record open to the next hearing date, June 9.
1.8 Public Comments. Written comments were received from Mr. LaRiviere,
objecting to the higher densities, as homes in the area are mostly on 1/2 to one acre lots, and also
from Mr. Roe, with a similar concern, noting issues with traffic and disruption to quality of life.
At the hearing, Ms. Willingham, who lives at Road 52 and Argent, raised questions on traffic
routing and pedestrian safety, and noted the power line sizing is not standard.
1.9 Applicant Comments. The Applicant submitted a letter from legal counsel, with
attachments, including power line photos, and objecting to several conditions. After the hearing,
the Department and Applicant attorneys submitted additional e-mails on the disputed conditions.
1.10 Notice. Hearing notice was mailed to nearby property owners and published in
the Tri-City Herald on April 28, 2021.1 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 agency objections to approval provided requirements
are met. PMC notice requirements were met.2
1.11 Lots. The plat contains 56 single-family lots ranging from over 5,000 to 10,013
square feet. The R-1 zone requires 7,200 square foot minimum lot sizes, but allows for lot size
averaging.3 With averaging, the combined the average size of all lots must be 7,200 square feet,
and no lot may be less than 5,400 square feet.4 With averaging, the plat can be developed so all
residences comply with size, height, lot coverage, landscaping, and other development standards
' Staff Report,p.3.
2 PMC 21.25.050.
s PMC 21.20.070.
4 PMC 21.20.070(1)and(1)(c).
City of Pasco Hearing Examiner Page 2 of 8
Decision, Preliminary Plat,PP 2021-004
applicable to the R-1 zone.5 Several "variations" were identified in an attachment to the
application. Most are allowable.
• Reduce setback for Lot 8 on Road 54 to 15' minimum except for the garage and set
the south side for the rear yard setback. This is allowable as long as the garage has a
20-foot setback from the street. "Where two contiguous corner lots form the entire
frontage between two parallel streets, the front yard along the common flanking street
shall be reduced to 15 feet. This reduction shall not apply to garages that are accessed
from the flanking street."6
• Allow a length to width ratio of greater than 2.5:1 for cul-de-sac lots if that ratio is
based on the longest length to width at the frontage. This is applicable to lots 19-22,
and lot 30. If the City uses the width at the setback line rather than along the
frontage, then the length to width ratio is within the standard. The plat definition
section does not specify how to make this calculation.7 A liberal interpretation would
allow for lot width to be determined by the average width (frontage width + widest point
parallel to frontage, the sum of which being divided by two), while a more stringent view
would only allow the frontage width measured against the longest length as a basis for
the ratio. Through either a code interpretation process, or legislation, the intended
interpretation can be clarified or provided. As the Applicant's proposed calculation is a
reasoned approach, it will be allowable in this specific instance. Due to the limited
analysis presented, this finding should not carry any precedential value.
• Lot 31 is a flag lot with a frontage width of 25.101, putting in a knuckle on the 901
turn would reduce the depth for the adjacent lots (Lot 30 and Lot 32). The 25.10'
width for the driveway access is larger than the 12' required by PMC 21.20.060. This
describes a lot without public street frontage, per PMC 21.20.060. With final plat
submittal, the Applicant will need to verify compliance with this code provision.
• Lot 30 has a frontage width of 33.17' (35' minimum for a cul-de-sac per
21.20.040.2a), which is 1.83' shorter than the code. The narrower width is to allow
room for a 25' wide access for lot 31, the flag lot. Without a code basis for the
deviation, the final plat requires adjustment.
While preferable for these measurement issues to be fully resolved with the preliminary plat,
it is not unusual for a plat to require adjustments between the preliminary and final plat stages. A
condition should be added to ensure the final plat complies with the above code sections,
including lot averaging requirements.
1.12 Transportation and Access. When developed, the subdivision will generate
approximately 1,961 vehicle trips per day.8 The plat will be developed to City standards to assure
proper access is maintained to each lot. Connections to the community and surrounding
5 PMC 25.45.050.
6 PMC 25.175.020(2)(d).
7PMC 21.10.020(plat definitions).
8 Staff Report,p.4.
City of Pasco Hearing Examiner Page 3 of 8
Decision, Preliminary Plat,PP 2021-004
development will be made via West Wernett Road and Road 52 with a stub for future westward
connection to Road 56.9 All lots will have frontage on streets to be dedicated with the plat.
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.10
Traffic impact fees will be paid consistent with code."
1.13 Schools. Mark Twain Elementary is approximately 1-1/2 miles from the site.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
1.14 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.
1.15 Utilities. Municipal water is available in Road 56 and Wernett Road. The
Applicant is working with City engineers to bring sewer service to the site. Capacity is not an
issue,but a lift station must be constructed. Timing and cost details are not finalized.
The City Engineer will determine the specific placement of fire hydrants and streetlights
when construction plans are submitted.
The parcel is within Franklin County Irrigation District service area. The owner must
build a District approved system within the plat to deliver irrigation water to each lot. The
assignment of water rights is a requirement for subdivision approval.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. The Applicant stated at the hearing that it has water; if correct, the fee would not apply.
1.16 Stormwater. Stormwater infrastructure will be constructed consistent with
Standard Drawings and Specifications as approved by the City Engineer.
1.17 Parks/Open Space. Pasco School District Soccer Fields is about one-half mile
away. 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.14
1.18 Landscaping. The plat will be landscaped consistent with City requirements,
which require front yard landscaping and right-of-way planting strips.15
1.19 Infrastructure. Plat improvements shall comply with the City's Standard
Drawings and Specification as approved by the City Engineer. These improvements include but
9 Interconnectivity is necessary to adhere to the Comprehensive Plan,address utility interconnection,and provide for
emergency services.
10 Ch.21.15 PMC.
11 Ch. 3.40 PMC.
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.
"PMC 21.05.120;PMC 3.35.160.
14 RCW 58.17.110;PMC 21.25.060(1);Ch. 3.50 PMC.
15 Ch.25.180 PMC,PMC 25.180.050(4),Ch. 12.12 PMC.
City of Pasco Hearing Examiner Page 4 of 8
Decision, Preliminary Plat,PP 2021-004
are not limited to water, sewer and irrigation lines, streets, streetlights, and storm water facilities.
The handicapped-accessible pedestrian ramps are to be completed with the street and curb
improvements before final plat approval.
1.20 Conditions. To ensure project development consistent with City requirements and
findings, the Department's proposed conditions in the Staff Report should be imposed, but with
several revisions. The Department and Applicant resolved some disputes over the proposed
conditions. Reasonable solutions are available to resolve the remaining issues.
Undergrounding of High Voltage 115 kV Power Lines. The City typically requires
power line undergrounding. The power lines at issue are not standard, but high voltage 115kV
lines. Franklin PUD does not support undergrounding. The PUD stated it would "easily" take up
16 feet of right-of-way in an area which cannot be shared with other utility infrastructure,
requires special expertise, is costly to repair, and cost prohibitive to install.16 In this specific
instance, given the utility's opposition, and difficulties with undergrounding these facilities, it
should not be required.
Stub-Road/Road 54 Extension. The Applicant and Department initially disputed
whether a stub road should be provided. City policies and code provides for an interconnected
street grid, while the Applicant was concerned over cost (improvements and losing a lot). A
compromise was reached between the Department and Applicant in which the area is made
available for connection, but infrastructure not installed by the developer. This is a reasonable
solution which addresses the parties' concerns and is also consistent with City requirements.
Traffic Impact Analysis. The MDNS required a traffic impact analysis. The developer
objected to including the condition. The Examiner has no jurisdiction over the MDNS as this was
not appealed. The TIA is a project requirement. While not necessary to repeat the requirement,
some clarification on submittal timing is reasonable, and given the late stage of TIA preparation,
the parties will need to proceed in good faith in addressing the issue. In future, the Applicant
may elect to submit the TIA with the application, and the City may wish to require same.
Tract A. A 15-foot rectangle along the plat's southeast boundary is within the proposed
plat area but is not needed for the plat and is not intended to function as a part of the plat. It
would be a substandard lot so cannot be demarcated as a lot. The tract contains a gravel roadway
and underground utilities. The Applicant requested that it be labeled as a tract rather than an
easement to ease its conveyance to the property owners to the south served by the roadway and
utilities. The Applicant prefers to avoid a formal plat amendment process. Resolving this issue
should be simple. If labeled as a tract, a boundary line adjustment could be secured before final
plat approval (or following, but this would require plat amendment). It is simplest to demarcate
the area as a tract and provide for a boundary line adjustment before final plat approval.
Sewer Availability. The Examiner has found sewer capacity is available to serve the
plat. However, a lift station is required and the final plat cannot be approved unless this
infrastructure is available. The Examiner lacks authority to require the City to reach an
agreement on construction details or set a completion date. However, it is the Examiner's
16 This information was submitted in a draft letter from Franklin PUD. The signed version is en route to the City.
City of Pasco Hearing Examiner Page 5 of 8
Decision, Preliminary Plat,PP 2021-004
understanding that an agreement is being negotiated and the parties will proceed in good faith to
resolve outstanding issues and provide sewer to the plat.
With these revisions, the proposed conditions should otherwise apply. The preliminary
plat is subject to all PMC requirements, including code time limits for submitting the final plat
and completing required improvements. Except as revised, the Staff Report is incorporated.
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.17
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:
"PMC 21.25.060.
City of Pasco Hearing Examiner Page 6 of 8
Decision, Preliminary Plat,PP 2021-004
1. The traffic impact analysis the MDNS required shall be completed and City approval
obtained before the City's Engineering Department review of any civil plans.
2. 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 International
Fire Code. If there are any conflicting regulations in any of these documents, the more
stringent regulation shall apply.
3. 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."
4. 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."
5. 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.
6. Only City and other utilities with franchise agreements are allowed in the public right of way.
Excepting the high voltage 115 kV transmission lines, any overhead utilities shall be placed
underground.
7. 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.
8. The Final Plat shall not be approved until sewer utilities are available. The parties shall
proceed in good faith and with reasonable diligence in resolving final issues.
9. All fee payments for bonding of ROW improvements and Water Rights must be paid at the
time of Final Plat being submitted for signatures.
City of Pasco Hearing Examiner Page 7 of 8
Decision, Preliminary Plat,PP 2021-004
10. Tract A is not a necessary plat component. As it is substandard in size it may not be built on.
Either: (1) before final plat approval, a boundary line adjustment may be approved
consolidating it with the property to the south and the final plat map revised accordingly; or
(2) the final plat may be amended at a later date to excise Tract A and consolidate it through
a boundary line adjustment with the property to the south.
11. The south stub for extended Road 54 need not be built, but the right-of-way shall be
dedicated for future roadway use on the plat with limited or no permanent improvements.
12. The Applicant shall submit a final plat which complies with code, including R l zoning
requirements, and the code sections identified at Finding 1.11, subject to Department
confirmation of same. That this approval is for 56-lots does not mean that the lot number
may require reduction to achieve code compliance.
The final plat must be submitted within code time limits,1 s and while the Examiner may
issue a clarification or minor correction,absent a timely appeal,this Decision is final.19
DECISION entered June 23,2021.
City of Pasco Hearing Examiner
Susan Elizabeth Drummond
is See PMC 21.30.0 10(five years to submit final plat).
19 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 S of 8
Decision,Preliminary Plat,PP 2021-004