The URL can be used to link to this page

Home My WebLink AboutHE Determination SP 2022-009 Rodriguez Daycare CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND CONDITIONS SP 2022-009 ) OF APPROVAL Rodriguez Childcare Center ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on September 14, 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 Lots 19 through 22, Block 10, Gerry's Addition to Pasco(Franklin County Tax Parcels 112054465 & 112054474). 1.2 General Location: 621 West Clark Street 1.3 Property Size: A building and surrounding grounds located on 0.32 acres(13,999.47 square feet). 2. ACCESS: The site has access from West Clark Street. 3. UTILITIES: The site is served by water service in West Clark Street and sewer services from the alley to the north. 4. LAND USE AND ZONING: The property is currently zoned C-1 (Retail Business) and is developed with an office structure. Surrounding properties zoned as follows: North R-1 SFDUs East C-1 Office South R-2 Multi-Family; Church West R-1 SFDU 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is primarily intended for low-density residential uses. The Plan does not specifically address childcare facilities,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. ENVIRONMENTAL DETERMINATION: 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 SP 2022-09 Rodriguez Daycare Page 1 of 4 Determination of Non-Significance(DNS)was issued for this project on 21 July 2022,under WAC 197-11-158. This DNS was not appealed. 7. PROPOSAL: The Applicant, Olga Rodriguez, wishes to operate a childcare facility to be located at 621 West Clark Street. Applicant has stated that the daycare would have five employees and a maximum of 25 children. The facility would operate from around 6:00 am to 6:00 pm,Monday through Friday. 8. PROPERTY DESCRIPTION: The proposed Childcare facility is located at 621 West Clark Street, in a mixed commercial/residential neighborhood one block north of West Lewis Street,which is an arterial street.A Ben-Franklin Transit(BFT)bus stop is located about a 5- minute walk from the center on West Lewis Street. 9. HISTORY: The site was part of the 1907 Gerry's Addition to Pasco and was zoned R-2 (Residential District)under the original 1938 zoning ordinance (Ordinance 435). In 1948 the site was rezoned to C-1 (Ordinance 642). The site is developed with a 1,360 square-foot office building. The office building was built in 1978. The proposed childcare facility would operate out of the on-site office building. 10. Commercial daycare facilities qualify as Community service facilities, level one, as defined in PMC 25.15.050. Community service facilities, level one require Special Permit review under the provisions of Pasco Municipal Code (PMC) 25.200.020(4) Unclassified uses. The City of Pasco population has grown from 59,781 to over 80,000 in the last 10 years, according to the most recent Office of Financial Management estimate. Population growth has created a demand for childcare facilities. Pasco Municipal Code 25.185.170(3) requires one parking space for each employee and one space per 6 children(0.17 space per child).The proposed facility would accommodate up to 5 employees and 25 children. Based on these numbers, the total parking requirement would be 10 spaces,rounded up,as follows*: Total Proposed Number Spaces per Required Employees 5 1.00 5 Students 25 0.17 5* Total 10* 11. Applicant has indicated there are 12 on-site parking places. 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 109.5 trips per weekday with 24 students. Daycare facilities are required to meet WSP Fire Protection Bureau Fire and Life Safety Inspection requirements. 12. Public notice of this hearing was sent to property owners within 300 feet of the property and in the Tri-City Herald on August 22, 2022. SP 2022-09 Rodriguez Daycare Page 2 of 4 13. An open record public hearing after due legal notice was held September 14, 2022, with the Applicant, staff and public appearing in person, and the Hearing Examiner appearing via Zoom videoconference. 14. Appearing and testifying on behalf of the property owner were Olga and Victor Rodriguez. Mrs. Rodriguez indicated that she had reviewed the staff report, agreed with all the representations set forth within the staff report and had no objection to any of the proposed Conditions of Approval. Mr. Rodriguez testified that they own the vacant lot that is adjacent to the proposed daycare. 15. No member of the public testified at the hearing. 16. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 17. 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 childcare facilities, 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 childcare facility use of the property might increase water usage 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 The proposed interior remodel will be required to meet PMC building code standards. 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 Childcare facility would be located in an existing structure. Only aesthetic and interior remodeling is contemplated for the daycare. 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 proposed use may create less traffic and noise typical of other permitted uses in this zoning district. 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? 6.1 Childcare facility uses typically do not endangered public health. SP 2022-09 Rodriguez Daycare Page 3 of 4 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 SP 2022-09, 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 Parcels 112054465 & 112054474. 2. The applicant shall obtain any required approval for applicable City development review. 3. Parking requirements shall be met as per PMC 25.185.170(3). 4. The building and grounds of the childcare facility shall be maintained in a professional manner at all times. 5. The applicant shall maintain all necessary Washington State and City of Pasco licenses. 6. The special permit shall be null and void if the above conditions are not met. Dated this 1�day of September,2022. CITY OF SCO HEARING EXAMINER d 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). SP 2022-09 Rodriguez Daycare Page 4 of 4