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Home My WebLink AboutHE Determination SP 2022-007 Step by Step Daycare CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND CONDITIONS SP 2022-007 ) OF APPROVAL Step-by-Step Daycare ) 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 The South 84 feet of the Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 26,Township 9 North,Range 29 East,WM,Records of Franklin County, Except Roads(Franklin County Tax Parcel#119502057). 1.2 General Location: 1305 Road 44. 1.3 Property Size:A building and surrounding grounds located on .21 acres(8,949.37 square feet). 2. ACCESS: The site has access from Road 44. 3. UTILITIES: The site is served by both water and sewer services from the vacant alley to the south. 4. LAND USE AND ZONING: The property is currently zoned RS-12 (Suburban) and is developed with a SFDU and two outbuildings. Surrounding properties zoned and developed as follows: North RS-12 SFDUs East RS-12 SFDUs South RS-12 SFDUs West RS-12 SFDUs. 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 SP 2022-07 Step-by-Step Daycare Page 1 of 5 development regulations,and other information,a threshold determination resulting in a Determination of Non-Significance(DNS)was issued for this project on 21 July 2022,under WAC 197-11-158. This determination was not appealed. 7. PROPOSAL: The Applicant, Leticia Valdez, wishes to operate a childcare facility to be located at 1305 Road 44. The Applicant has stated that the school would have six employees and a maximum of 28 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 1305 Road 44, in a low-density residential neighborhood about 580 feet south of the intersection of Road 44 and West Court Street.West Court Street is an arterial street. 9. HISTORY: The site was annexed into the City of Pasco in 1996 (Ordinance 3144); and assigned RS-12 zoning in conjunction with the annexation (Ordinance 3145). The site is developed with a 1,456 square-foot SFDU and two outbuildings.The home was built in 1948. 10. Childcare facilities require Special Permit review under the provisions of Pasco Municipal Code (PMC)25.200.020(4) Unclassified uses. Commercial daycare facilities qualify as Community service facilities, level one,as defined in PMC 25.15.050. 11. 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. 12. 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 between 4 and 6 employees and from 15 to 28 children. Based on the maximum range of these numbers,the total parking requirement would be 11 spaces,rounded up,as follows*: Total Proposed Number Spaces per Required Employees 6 1.00 6 Students 28 0.17 5* Total 11 13. Applicant has not submitted a parking plan. 14. 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 122.64 trips per weekday with 28 students. 15. Daycare facilities are required to meet WSP Fire Protection Bureau Fire and Life Safety Inspection requirements; Office of State Fire Marshal(OSFM). SP 2022-07 Step-by-Step Daycare Page 2 of 5 16. Public notice of this hearing was sent to property owners within 300 feet of the property and in the Tri-City Herald on August 15, 2022. The Applicant was provided written notice of the date,place and time of the hearing. 17. A Ben-Franklin Transit (BFT) bus stop is located about 1,200 feet away on West Court Street. 18. Community service facilities, level one require Special Permit review under the provisions of Pasco Municipal Code(PMC)25.200.020(4)Unclassified uses. 19. Written comments were received from David Hurley (August 24, 2022) and Kathy Wold (August 30, 2022). 20. An open record public hearing after due legal notice was held September 14, 2022, with the staff and the public appearing in person, and the Hearing Examiner appearing via Zoom videoconference.The Applicant did not appear. 21. Testifying from the public were the following individuals: 21.1 David Hurley. Mr. Hurley wrote the comment dated August 24, 2022. He testified consistent with this letter. He had concerns regarding persons parking and blocking his shop driveway.He also indicated that the sewer stinks. 21.2 Jesus Acevedo. Mr. Acevedo indicated he was speaking on behalf of his wife who is the Applicant. He stated they would try to keep parking away from their neighbor's driveway to his shop. 21.3 Mary Lee Hurley. Ms. Hurley testified that this is a commercial use in a residential area and should not be allowed. She also had concerns regarding its proximity to Road 44 and the traffic that would be created. 22. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 23. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. H.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 may increase water usage slightly. The building has access to both City water and sewer services from Road 44. 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 Any construction will be required to meet PMC building code standards. SP 2022-07 Step-by-Step Daycare Page 3 of 5 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. Any construction will be required to meet PMC building code standards. 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 will likely create more traffic and noise than typical residential uses as employees and children arrive at and leave the facility. Children playing outdoors will likely create more noise than typical residential uses. 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 facilities typically do not endanger public health. 7. As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal Code. 8. 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 2022-07, 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 119502057. 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).Parking shall be onsite. 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. SP 2022-07 Step-by-Step Daycare Page 4 of 5 Dated this 14'day of September, 2022. CITY 9FYASCO HEARING EXAMINER /V z� 1 //0� drew L.Kottkamp Absent a timely appeal,this Decision is finals i 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 2022-07 Step-by-Step Daycare Page 5 of 5