HomeMy WebLinkAboutHE Determination SP 2022-004 Landin Daycare CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
DECISION AND CONDITIONS
SP 2022-004 ) OF APPROVAL
Landin Daycare Center )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on June
8, 2022,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: Lots 4-7, Block 1, Holt's Addition to Pasco(Parcel #113391027).
1.2 General Location: 1734 North 5th Avenue.
1.3 Property Size: .57 acres (24,999.07 square feet).
1.4 Applicant: Bertha Landin,403 N 20th Ave., Pasco WA 99301.
2. ACCESS: The site has access from North 5''Avenue.
3. UTILITIES: The site is served by both water and sewer services; water from 5"'Avenue,
and sewer from the alley running along the west of the site.
4. LAND USE AND ZONING: The property is currently zoned C-1 (Retail Business)and is
developed with a church structure. Surrounding properties zoned as follows:
North R-1 Apartments
East G-3 WSDOT Laydown Yard
South R-1 SFDUs
West R-1 SFDUs
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is primarily
intended for Low-density Residential uses. The Plan does not specifically address daycare
centers, but elements of the Plan encourage the promotion of orderly development including
the development of zoning standards for off-street parking and other development. Plan goal
OF-5 suggests provisions should be made for educational facilities throughout the Urban
Growth Area.
6. ENV1iRONMENTAL DETERA'IINATION: The City of Pasco is the lead agency for this
project. Based on the SEPA checklist,the adopted City Comprehensive Plan, City
development regulations, and other information, a threshold determination resulting in a
Determination of Non-Significance(DNS)was issued for this project on April 14,2021,
under WAC 197-11-158.
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7. PROPOSAL: Applicant wishes to operate a daycare facility to be located at 1734 North 5th
Avenue. The facility would be open Monday through Friday, 4:00 am to 6:00 pm, 70 hours
per week. The facility would have up to 15 employees and would serve up to 80 children in
the following age categories:
7.1 Up to 8 Infants (Ages 0-11 months)
7.2 Up to 14 Toddlers (Ages 12-29 months)
7.3 Up to 40 Preschoolers (Ages 30 months- 6 years)
7.4 Up to 18 School-age (Ages 5-12 years)
7.5 Proposed improvements/repairs would include primarily aesthetic Improvements,
Indoor wall divisions, and playgrounds installation. No major structural changes are
anticipated.
8. PROPERTY DESCRIPTION: The site is located at 1734 North 5th Avenue in a residential
neighborhood along North 5"' Avenue between West Pearl and West Agate Streets. The
proposed facility is located within one block of North 4th Avenue, and two blocks north of
West Court Street, both arterial streets, capable of handling significant traffic. A Ben-
Franklin Transit (BFT) Stop is located on West Court Street about .38 miles to the south of
the site near the intersection of North 7"' Avenue. There is a Church structure on site which
comprises approximately 4,650 square feet.
9. HISTORY: The site was annexed into the City in 1949 (Ordinance 649) as part of Holt's
Addition to Pasco.The site was rezoned from R-1 to C-1 (Retail Commercial)zoning in 1966
(Ordinance 1244). In 1992 Frank Blanchard) obtained a Special Permit (SP 1991-008) to
operate a church (Lighthouse United Pentecostal) at this location. The church was sold to
Faith Center International in 2008, and to Casa De Avivamiento Church, which obtained a
new Special Permit (SP 2014-006) and operated the church until it was sold to Applicant in
early 2022 for the proposed daycare use.
10. CODE REQUIREMENTS: Daycare facilities are considered Community Service Facilities,
level one, and as such,require Special Permit review under the provisions of Pasco Municipal
Code (PMC) 25.200.020(4) Unclassified uses. Community service facilities of the level one
category include day-care centers, nursery schools, hospitals, sanitariums, nonprofit
community health clinics, governmental and quasi-governmental activities, and related uses,
which provide similar services for citizens.
11. Educational facilities (schools) and daycares are typically located in or near residential
neighborhoods. While the proposed facility is not a public school, it will operate somewhat
like a school.
12. The City of Pasco population has grown from 59,781 in 2010 to a current estimate of over
81,000. Population growth has created a demand for preschool and daycare facilities.
13. Pasco Municipal Code 25.185.170(3) requires one parking space for each employee and one
space per 6 children (0.17 per child). The proposed facility would accommodate up to 15
employees and 80 children. Based on these numbers, the total parking requirement would be
29 spaces,rounded up, as follows.
13.1 Employees: 1 space per employee, 15 employees= 15 parking spaces;
13.2 Students: .17 space per student, 80 students = 14 parking spaces.
13.3 Total: 29 parking spaces.
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14. Applicant has indicated there are 13 on-site parking places. Additional on-site, off-street
parking is required.
15. According to the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th
edition, daycare centers (code 565) generate approximately 4.38 trips per student, which
translates to around 350.4 trips per weekday with 80 students.
16. Daycare facilities are required to meet WSP Fire Protection Bureau Fire and Life Safety
Inspection requirements; Office of State Fire Marshal(OSFM).
17. Proposed improvements/repairs would include primarily aesthetic improvements, indoor wall
divisions, and playgrounds installation.
18. No major structural changes are anticipated.
19. The site is located at 1734 North 5th Avenue, Pasco, Washington.
20. The site is in a residential neighborhood
21. The site is situated along North 5th Avenue between West Pearl and West Agate Streets.
22. The proposed facility is located within one block of North 4th Avenue, and two blocks north
of West Court Street, both arterial streets, capable of handling significant traffic.
23. A Ben-Franklin Transit(BFT)Stop is located about.38 miles to the south.
24. There is a church structure on site which comprises approximately 4,650 square feet.
25. The site was annexed into the City in 1949.
26. The site was rezoned from R-1 to C-1 zoning in 1966.
27. A Special Permit was obtained for a church in 1992
28. Daycare facilities are considered Community Service Facilities, level one.
29. Community service facilities, level one include day-care centers, and nursery schools.
30. Community Service Facilities, level one require Special Permit review
31. Public notice of this hearing was sent to property owners within 300 feet of the property and
in the Tri-City Herald on 24 May 2022.
32. An open record public hearing after due legal notice was held June 8, 2022, with the
Applicant, staff and public appearing in person, and the Hearing Examiner appearing via
Zoom videoconference.
33. Appearing and testifying on behalf of the applicant was Bertha Landin. Ms. Landin is the
property owner and Applicant. Ms. Landin agreed with the representations set forth in the
staff report and had no objection to any of the proposed Conditions of Approval.
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34. No member of the public testified.
35. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
36. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II. CONCLUSIONS OF LAW
1. Will the proposed use be in accordance with the goals, policies, objectives and text of the
Comprehensive Plan?
1.1 The Comprehensive Plan indicates the site is primarily intended for Low-density
Residential uses. The Plan does not specifically address daycare centers, but elements
of the Plan encourage the promotion of orderly development including the
development of zoning standards for off-street parking and other development.
Comprehensive Plan goal OF-5 encourages educational facilities to be located
throughout the Urban Growth Area.
2. Will the proposed use adversely affect public infrastructure?
2.1 The proposed facility is located within one block of North 41' Avenue, and two
blocks north of West Court Street, both arterial streets, capable of handling
significant traffic. The daycare use of the property will increase water usage at the
site slightly. The building is served by both City water and sewer services.
3. Will the proposed use be constructed, maintained and operated to be in harmony with existing
or intended character of the general vicinity?
3.1 Proposed improvements/repairs would include primarily aesthetic Improvements,
Indoor wall divisions, and playgrounds installation. No major structural changes are
anticipated. The proposed interior remodel will be required to meet PMC residential
building code standards. Surrounding properties are already fully developed.
4. Will the location and height of proposed structures and the site design discourage the
development of permitted uses on property in the general vicinity or impair the value thereof`?
4.1 The proposed daycare facility is an existing two-story structure and is compatible
with surrounding structures. Two-story structures are allowed in all the proximal
zoning districts. Surrounding properties are fully developed with residential single-
family units, and various commercial and industrial structures.
5. Will the operations in connection with the proposal be more objectionable to nearby
properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be
the operation of any permitted uses within the district?
5.1 The facility would be open Monday through Friday, 4:00 am to 6:00 pm, 70 hours
per week. The proposed use will create increased traffic and noise very early in the
mornings. However, the WSDOT property to the east likely creates more noise,
fumes, vibrations, dust,traffic, and flashing lights than the proposed facility.
6. Will the proposed use endanger the public health or safety if located and developed where
proposed, or in any way will become a nuisance to uses permitted in the district?
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6.1 Daycare uses typically do not endangered public health; children playing outside may
create a minor nuisance.
7. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
M. DECISION
Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner APPROVES
Application SP 2022-004, subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
All conditions imposed by this decision shall be binding on the applicant,which includes the owner
or owners of the properties, heirs, assigns, and successors.
1. The special permit shall apply to Parcel 4113391027.
2. The applicant shall obtain approval from the applicable City development review process.
3. Parking shall be provided as per PMC 25.185.170.
4. The building and grounds of the daycare/preschool shall be maintained in a professional
manner at all times.
5. The applicant shall maintain all necessary Washington State Department of Children,Youth
and Families(DCYF) licenses.
6. The special permit shall be null and void if a City of Pasco building permit is not issued
within two calendar years of City Special Permit approval.
7. The special permit shall be null and void if the above conditions are not met.
Dated this 14th day of June, 2022.
CITY P SCO HEARING EXAMINER
drew L. Kottkamp
Absent a timely appeal,this Decision is finals
' 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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