HomeMy WebLinkAboutHE Determination PP 2021-005 Caryl's Addition Preliminary Plat CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
DECISION AND CONDITIONS
PP 2021-005 ) OF APPROVAL
Caryl's Addition (20 Single-Family Lots) )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on July
14 and August 11, 2021, the Hearing Examiner having taken evidence hereby submits the following
Findings of Fact, Conclusions of Law, and Decision and Conditions of Approval as follows:
I. FINDINGS OF FACT
1. PROPERTY DESCRIPTION:
1.1 Legal: That portion of the Southeast quarter of the Northwest quarter of Section 17,
Township 9 North,Range 29 East, W.M., Franklin County, Washington, described as
follows:
Commencing at the Southwest corner of said Southeast quarter of Northwest quarter;
thence South 88°24'03"East along the center line of said Section 17, a distance of
73.90 feet;thence North 02°26'28" East a distance of 296.58 feet to the True Point of
Beginning; thence continuing North 02°26'28"East a distance of 595.64 feet to a
point on a line 100.0 feet Southwesterly and parallel to the center line of the Franklin
County Irrigation District No. 1 Canal,which point lies 75.0 feet East of the West
line of said Southeast quarter; thence 100.0 feet Southerly and parallel to said canal
by the following courses and distances: South 65°21' East 213.84 feet; South 73°49'
East 281.37 feet; South 48°59'30"East 213.57 feet;thence South 72°11 '30" East
10.24 feet;thence South 02°44' West a distance of 302.58 feet;thence North
88°24'03" West parallel to the center line of said Section 17, a distance of 646.68 feet
to the True Point of Beginning(Parcel#118 080 014).
1.2 General Location: at 4011 Road 96,Pasco,WA 99301.
1.3 Property Size: The site contains approximately 6.6 acres(285,435.03 sq. ft.).0
1.4 Applicant: Tim Story/Story Family Five,LLC,PO BOX 2289,Richland, WA 99352-
0100.
2. ACCESS: The parcel has access from Road 96 and Balfour Drive.
3. UTILITIES: Municipal water is available in Road 96 and sewer extends to the intersection
of Balfour Drive and Road 96.
4. LAND USE AND ZONING: The lot was recently rezoned from RS-20 (Suburban
Residential) to R-1 (Low-density Residential; Ordinance 4513)and is developed with an
earth-sheltered single family dwelling unit, a garage, a pole building, and a horse shelter/lean-
to shed. Surrounding properties are zoned and developed as follows:
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NORTH: R-1 - Single Family Dwellings/FCID Canal R-O-W
EAST: RS-20 Single Family Dwellings
SOUTH: RS-20 Single Family Dwellings/pasture
WEST: RS-12 Single Family Dwellings
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for low-
density residential development.According to the Comprehensive Plan, low-density
residential development means 2 to 5 dwelling units per acre. The criteria for allocation under
the future land use section of Volume H of the Comprehensive Plan(Vol.11, page 17)
encourages development of lands designated for low-density residential uses when or where
sewer is available,the location is suitable for home sites, and there is a market demand for
new home sites. Policy H-1-E encourages the advancement of home ownership, and Goal H-2
suggests the City strive to maintain a variety of housing options for residents of the
community. Goal LU-2 encourages the maintenance of established neighborhoods and the
creation of new neighborhoods that are safe and enjoyable places to live.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the SEPA checklist(SEPA 2020-063),the adopted City Comprehensive
Plan, City development regulations,and other information, a Mitigated Determination of
Non-Significance(MDNS)was issued for this project on June 29, 2021 (WAC 197-11-355).
Mitigation included the following:
6.1 An inadvertent discovery protocol must be established for the potential discovery of
cultural or historical artifacts before or during improvements/construction
7. LOT LAYOUT: The proposed preliminary plat contains 20 single-family lots, all but three
(proposed lots 11, 14& 15)of which would have access from dedicated internal streets, via a
single access/egress point at Road 96 and Balfour Drive. As the distance from the proposed
Balflour right-of-way and the northern property line is approximately 300' a looped road
would create an island of undesirable double-frontage lots; eliminating the non-frontage lots
(proposed lots 11, 14, and 15) would reduce the density from 20 lots to 17, and thus defeating
the purpose of the recent rezone. The provisions of Pasco Municipal code 21.20.060
concerning lots without street frontage would apply in this case.
7.1 The lots range from 8,644 square feet to 18,699 square feet,the average lot size being
12,423 square feet. The area was recently rezoned from RS-20 (Suburban) to R-1
(Low-density Residential) zoning. The proposal would be consistent with the
development standards of the R-1 zoning district per PMC 25.45.050.
8. RIGHTS-OF-WAY: All lots but three (proposed lots 11, 14 & 15) will have frontage on
streets either existing (Road 96) or to be dedicated(the extension of Balflour Lane)as part of
the plat. All roads will be fully improved and completed with this subdivision. Lots without
street frontage would be serviced via 24'-wide paved access and utility easements. The
provisions of Pasco Municipal code 21.20.060 dealing with lots without street frontage would
apply in this case.
9. UTILITIES: Municipal water is available via an 8' line in Road 96. Sewer service is
available from Balflour Lane.
10. IRRIGATION: This parcel is within Franklin County Irrigation District service area,
currently served and assessed by FCID. Owner shall be required to build a system within the
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plat to deliver irrigation water to each of the new lots with proper irrigation easements for all
new lines installed. Prior to building of this system an engineered drawing shall be submitted
to FCID for review and comments. Development shall comply with RCW 58.17.310.
11. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval
per Pasco Municipal Code Section 21.05.120(1) and Section 3.35.160. If no water rights are
available to transfer to the City the property, owner/developer must pay a water right fee in
lieu thereof.
12. State law (RCW 58.17.110) and Pasco Municipal Code require the Hearing Examiner to
develop Findings of Fact as to how this proposed subdivision will protect and enhance the
health, safety, and general welfare of the community. The following are the Hearing
Examiner's Findings of Fact:
12.1 Prevent Overcrowding: Density requirements of the R-1 zone are designed to address
overcrowding concerns. The Comprehensive Plan suggests the property in question
be developed with 2 to 5 dwelling units per acre. The proposed plat has a density of
approximately 2.9 units per acre. No more than 40 percent of each lot is permitted to
be covered with structures per the R-1 standards.
12.2 Parks Open Space/Schools: City of Pasco Liberty Park and Tri-Cities Prep Private
Catholic School are both within '/z mile of the site. Chiawana High, McLaughlin
Middle School, and Three Rivers Elementary are all within 3/4 mile of the site. Delta
STEM High School and Chiawana Park are within 1 mile of the site. The FCID canal
is in the process of being undergrounded and the FCID has been slated for a future
linear park in the City of Pasco Comprehensive Plan.
12.3 The Hearing Examiner is required by RCW 58.17.110 to make a finding that
adequate provisions are being made to mitigate the impacts of the proposed
subdivision on the School District. At the request of the School District, the City
enacted a school impact fee in 2012. The imposition of this impact fee addresses the
requirement to ensure there are adequate provisions for schools. A school impact fee
in the amount of$4,700 will be charged for each new single-family dwelling unit at
the time of building permit issuance.
12.4 Effective Land Use/Orderly Development: The plat is designed for single-family
development as identified in the Comprehensive Plan. The maximum density
permitted under the Comprehensive Plan is 5 dwelling units per acre. The developer
is proposing a density of 2.9 units per acre.
12.5 Safe Travel & Walkina Conditions: The proposed plat includes adequate streets and
sidewalks. Curb, gutter, and sidewalk shall be installed and constructed to current
City standards and to the standards of the American's with Disabilities Act (ADA).
All lots but three (proposed lots 11, 14 & 15) will have frontage on streets either
existing (Road 96) or to be dedicated as part of the plat. All roads will be fully
improved and completed with this subdivision. Lots without street frontage would be
serviced via 24'-wide paved access and utility easements. Additionally, the Hearing
Examiner has set as a Condition of Approval that a comprehensive traffic impact
analysis be prepared and that the Applicant comply with all recommendations
contained in the report, as well as all additional requirements of the Pasco Public
Works Department.
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12.6 _Adequate Provision of Municipal Services: All lots within the plat will be provided
with water, sewer, and other utilities.
12.7 Provision of Housing for State Residents: The proposed plat contains 20 single-
family lots providing the opportunity for the construction of 20 new dwelling units in
Pasco.
12.8 Adequate Air and Light: The maximum lot coverage limitations, building height
restrictions, and building setbacks will assure that adequate movement of air and light
is available to each lot.
12.9 Proper Access & Travel: The plat will be developed to City standards to assure
proper access is maintained to each lot. A connection will be made to the Road
96/Balflour Drive access/egress point. All lots but three (proposed lots 11, 14 & 15)
will have frontage on streets either existing (Road 96) or to be dedicated (the
extension of Balflour Lane) as part of the plat. Lots without street frontage would be
serviced via 24'-wide paved access and utility easements. The provisions of Pasco
Municipal code 21.20.060 concerning lots without street frontage would apply in this
case.
12.10 Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the plat
site for low-density residential development. Policies of the Comprehensive Plan
encourage the advancement of home ownership and suggest the City strive to
maintain a variety of housing for residents.
12.11 Housing Goals and Policies of the Comprehensive Plan that pertain to this
development include: H-1: Encourage housing for all economic segments of the
city's population; H-2: Strive to maintain a variety of housing consistent with the
local and regional market; Policy H-2-A: Allow for a full range of residential
environments including single family homes, townhomes, condominiums, apartments
and manufactured housing.
12.12 The applicant is proposing to construct 20 single-family lots at a density of 2.9
dwelling units per acre to meet the intent of the Comprehensive Plan.
13. The Public Notice was mailed out and published in the Tri-City Herald on 25 June 2021.
14. The site is within the Pasco Urban Growth Boundary.
15. The State Growth Management Act requires urban growth and urban densities to occur within
the Urban Growth Boundaries.
16. The site is developed with an earth-sheltered single family dwelling unit, a garage, a pole
building,and a horse shelter/lean-to shed.
17. The site is not considered a critical area, a mineral resource area or a wetland.
18. The site's Comprehensive Plan designation is for Low Density Residential development,
which specifies residential development of 2 to 5 dwelling units per acre.
19. The site is zoned R-1 (Low-density Residential).
20. A rezone from RS-20 (Suburban)to R-1 (Low Density Residential)was approved in 2020.
21. The proposed subdivision is in conformance with the R-1 zoning requirements of the site.
22. The minimum lot area in the R-1 zone for single-family dwellings is 7,200 square feet.
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23. The developer is proposing 2.9 dwelling units per acre.
24. The Housing Element of the Comprehensive Plan encourages the advancement of programs
that promote home ownership and development of a variety of residential densities and
housing types.
25. The Transportation Element of the Comprehensive Plan encourages the interconnection of
neighborhood streets to provide for the disbursement of traffic.
26. The interconnection of neighborhood streets is necessary for utility connections(looping)and
the provision of emergency services.
27. All but three lots will have frontage on either existing or future streets as part of the plat.
28. Lots without street frontage would be serviced via 24'-wide paved access and utility
easements.
29. Per the ITE Trip Generation Manual 9th Edition, the proposed subdivision, when fully
developed,will generate approximately 9.52 trip/unit*20 units= 190.4 trips per day.
30. The current park impact fee is $1,679 per dwelling unit.
31. RCW 58.17.110 requires the City to make a finding that adequate provisions have been made
for schools before any preliminary plat is approved.
32. The City of Pasco has adopted a school impact fee ordinance compelling new housing
developments to provide the School District with mitigation fees. The fee was effective April
16, 2012.
33. Past correspondence from the Pasco School District indicates impact fees address the
requirement to ensure adequate provisions are made for schools.
34. Plat improvements within the City of Pasco are required to comply with the 2020 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. Handicapped-accessible pedestrian ramps are to be completed with the street and
curb improvements prior to final plat approval. Sidewalks are installed at the time permits are
issued for new houses, except sidewalks along major streets, which are installed with the
street improvements.
35. The assignment of water rights is a requirement for subdivision approval per Pasco Municipal
Code Section 21.05.120(1)and Section 3.35.160.
36. If no water rights are available to transfer to the City the property, owner/developer must pay
a water right fee in lieu thereof.
37. The developer is responsible for all costs associated with construction, inspection, and plan
review service expenses incurred by the City Engineering Office.
38. The City has nuisance regulations (PMC 9.60) that require property owners (including
developers) to maintain their properties in a manner that does not injure, annoy, or endanger
the comfort and repose of other property owners. This includes controlling dust, weeds and
litter during times of construction for both subdivisions and buildings including houses.
39. An open record public hearing after due legal notice was held on July 14 and August 11,
2021 via Zoom videoconference. On July 14, 2021,the Hearing Examiner called the meeting
to order and took some public testimony. There was a problem with the Applicant's
representative logging into the hearing. Ultimately, the Hearing Examiner continued this
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hearing until August 11, 2021 at 6:00 p.m., during the Hearing Examiner's regularly
scheduled hearing.
40. Appearing and testifying on behalf of the Applicant at the August 11, 2021 hearing was
Caleb Stromstad. Mr. Stromstad indicated that he was agent authorized to appear and speak
on behalf of the Applicant and property owner. Mr. Stromstad indicated that he agreed with
all the representations set forth within the staff report and that all of the proposed Conditions
of Approval were acceptable. During the rebuttal portion of his testimony, Mr. Stromstad
asked that the traffic impact analysis be limited in its scope.
41. Testifying from the public at the July 14, 2021 were the following individuals:
41.1 Jeffrey Johnson. Mr. Johnson testified primarily about the prior rezone of the subject
property.
41.2 Loly Martinez. Mr. Martinez testified regarding traffic issues that currently exist,
particularly those on Balfour Drive.
41.3 Dawn Griffitts. Ms. Griffitts also testified regarding traffic concerns primarily related
to Balfour Drive.
41.4 Jeff Tucksen. Mr. Tucksen testified regarding the density and his belief is that there
were too many homes being proposed on this parcel of property.
41.5 The Hearing Examiner also watched the video of a traffic accident that was submitted
prior to the July 14, 2021 hearing.
42. Testifying from the public at the August 11,2021 hearing was the following individual:
42.1 Loly Martinez. Mr. Martinez again testified regarding the traffic impacts on Balfour
Drive and that Balfour Drive is simply not designed to handle the capacity of traffic
that now goes through Balfour Drive, and that may likely go through Balfour Drive
after this project is completed.
43. At the conclusion of the hearing, the Hearing Examiner left the record open until 5:00 p.m.
Friday, August 13, 2021, for additional written comments to be submitted. No additional
comments were submitted.
44. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
45. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II. CONCLUSIONS OF LAW
Before recommending approval or denial of the proposed Plat the Hearing Examiner must develop
findings of fact from which to draw its conclusion(PMC 21.25.060)therefrom as to whether or not:
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.
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1.1 The proposed plat will be required to develop under the standards of the Pasco
Municipal Code and the standard specifications of the City Engineering Division.
These standards for streets, sidewalks, and other infrastructure improvements were
designed to ensure the public health, safety, and general welfare of the community.
These standards include provisions for streets, drainage, water and sewer service and
the provision for dedication of right-of-way. The preliminary plat was forwarded to
the PUD, the Pasco School District, Cascade Gas, Charter Cable, Franklin County
Irrigation District, and Ben-Franklin Transit Authority for review and comment.
1.2 Based on the School District's Capital Facilities Plan the City collects school
mitigation fees for each new dwelling unit. The fee is paid at the time of building
permit issuance. The school impact fee addresses the requirements of RCW
58.17.110. All new developments participate in establishing parks through the
payment of park fees at the time of permitting.
2. The proposed subdivision contributes to the orderly development and land use patterns in the
area.The proposed Plat makes efficient use of vacant land.
2.1 The proposed subdivision will provide street improvements within the plat as per
City standards; a connection will be made to Road 96/Balflour Drive to the west.
3. The proposed subdivision conforms to the policies, maps, and narrative text of the
Comprehensive Plan;
3.1 The Comprehensive Plan land use map designates the site and all surrounding
properties for Low Density Residential development and may be developed with
modified factory-assembled homes and single-family dwelling units.
3.2 Low Density Residential specifies development at a density of 2 to 5 dwelling units
per acre. Policies of the Comprehensive Plan encourage the advancement of home
ownership and suggest the City strive to maintain a variety of housing for residents.
3.3 The plat indicates a density of 2.9 dwelling units per acre, which meets the density
range established by the Comprehensive Plan.
3.4 The Housing Element of the Plan encourages the promotion of a variety of residential
densities and suggests the community should support the advancement of programs
encouraging home ownership. The Plan also encourages the interconnection of local
streets for inter-neighborhood travel for public safety as well as providing for traffic
disbursement.
4. The proposed subdivision conforms to the general purposes of any applicable policies or
plans which have been adopted by the City Council.
4.1 Development plans and policies have been adopted by the City Council in the form
of the Comprehensive Plan. The proposed subdivision conforms to the policies,
maps, and narrative text of the Plan as noted in number three above.
5. The proposed subdivision conforms to the general purposes of the subdivision regulations.
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5.1 The general purposes of the subdivision regulations have been enumerated and
discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the
subdivision is in conformance with the general purposes of the subdivision
regulations provided certain mitigation measures(i.e., school impact fees are paid).
6. The public use and interest will be served by approval of the proposed subdivision.
6.1 The proposed plat, if approved, will be developed in accordance with all City
standards designed to ensure the health, safety and general welfare of the community
are met. The Comprehensive Plan will be implemented through development of this
plat. These factors will ensure the public use and interest are served.
7. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III. DECISION
Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner APPROVES
Application PP21-005 Caryl's Addition, subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. A comprehensive traffic impact analysis for this project shall be completed and City approval
shall be obtained prior to the City Engineering Departments' review of any civil plans. The
Applicant shall complete all recommendations set forth within the traffic impact analysis, as
well as all requirements of the Pasco Public Works Department, prior to final plat approval.
3. 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.
4. 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.
5. 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."
6. 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.
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7. Only City and other utilities with franchise agreements are allowed in the public right of way.
8. Overhead utilities are required to be re-routed below ground.
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. All fee payments for bonding of ROW improvements and Water Rights must be paid at the
time of Final Plat being submitted for signatures.
Dated this 17th day of August, 2021.
CITY O ASCO HEARING EXANHNER
4jidrew L.Kottkamp
Absent a timely appeal,this Decision is final'
See Ch. 36.70C RCW(establishing a 21 day appeal period to superior court,and setting forth necessary
review contents, along with filing and service requirements).
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