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Home My WebLink AboutHE Determination SP 2022-008 Chiawana Portables CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND CONDITIONS SP 2022-008 ) OF APPROVAL Chiawana Portable Classrooms ) 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 A portion of the Southwest quarter of Section 16,Township 9,North Range 29, east lying southerly of the FCID Irrigation Canal (Parcel 117590010). 1.2 General Location: 8125 W Argent Rd(Chiawana High School). 1.3 Property Size: Approximately 3,453,206 square feet or 79.3 acres. 2. ACCESS: The site has access from West Argent Road&Road 84. 3. UTILITIES: Chiawana High School is connected to municipal utilities. 4. LAND USE AND ZONING: The site is zoned RP (Residential Park). Chiawana High School is on the site. Surrounding properties are zoned as follows: North RP Pathfinder Mobile Home Park East RS-20 SFDUs South RS-1 SFDUs West RS-20 SFDUs. 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for Public/Quasi-Public uses. Land Use Policy LU-2-C seeks to ensure that adequate public services are provided in a reasonable time frame for new developments."Capital Facilities Goal CF-6 encourages the City to foster adequate provision for educational facilities throughout the UGA,while Capital Facilities Policy CF-6-A counsels the City to Work with the school district to coordinate facility plans with this comprehensive plan and encourage appropriate location and design of schools throughout the community. 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 Determination of Non-Significance (DNS)was issued for this project on August 22, 2022, under WAC 197-11-158. This DNS was not appealed. SP 2022-08 Chiawana Portable Classrooms Page 1 of 4 7. PROPOSAL: The Applicant, Paul Knutzen, of Knutzen Engineering, acting on behalf of Pasco School District 41 is requesting a Special Permit to relocate 6 portable classrooms ("portables") and related infrastructure from surrounding schools to the south half of the northwest parking lot at Chiawana High School. 8. PROPERTY DESCRIPTION: The proposed portables would be on the 77.5-acre Chiawana High School campus located in the parking area at the northeast corner of West Argent Road and Road 84.The parking lot contains close to 600 parking spaces. 9. HISTORY: Pasco's population has more than doubled from 34,630 to over 80,000 today, over the last 20 years. This population growth has also caused the Pasco School District enrollment to similarly increase over the same time period. The District received Special Permit approval to construct Chiawana High School in 2006, which was completed in 2009. By 2016 the Pasco School District was compelled to apply for another Special Permit (SP 2016-014) to place up to 8 portables on the site, which was granted in 2017 (Council Resolution 3756). 10. The Pasco School District serves over 18,000 students across 17 elementary schools, four middle schools, and four high schools. To accommodate continued increases in student enrollment the School District is proposing to relocate 6 new portable classrooms from McLoughlin Elementary (2803 N. Road 88), McGee (4601 Horizon Drive), Emerson (1616 W. Octave Street), and Whittier (616 N. Wehe Avenue), to the northeast parking lot at Chiawana High School. 11. The impact on the parking lot will be minimal due to the fact this lot is used mainly by students and only about 60 percent of the stalls are used during school days. On most school days about 200 parking spaces remain vacant. 12. If loss of the parking spaces becomes a problem in the future, there is enough additional land on the Chiawana site that another parking lot could be built. There are more than three acres of land east of the tennis courts and north of the existing student parking lot that could be converted to additional parking if needed. 13. Most of the schools in Pasco including the Pasco High School and Chiawana High School are located in residential zoning districts. The addition of portable classrooms to school properties has had little impact of the surrounding neighborhoods. Portable classrooms are a common and accepted feature of schools in Pasco and elsewhere. 14. Public notice of this hearing was sent to property owners within 300 feet of the property and the Tri-City Herald on August 22,2022. 15. Applicant wishes to relocate 6 portables from other District schools to the northwest parking lot at Chiawana High School. 16. The addition of portable classrooms to school properties has had little impact of the surrounding neighborhoods. 17. 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. SP 2022-08 Chiawana Portable Classrooms Page 2 of 4 18. Appearing and testifying on behalf of the property owner was Paul Knutzen. Mr. Knutzen indicated that he 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. 19. No member of the public testified at the hearing. 20. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 21. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. U. 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 intended for Public/Quasi-Public uses. Land Use Policy LU-2-C seeks to ensure that adequate public services are provided in a reasonable time frame for new developments. Capital Facilities Goal CF-6 encourages the City to foster adequate provision for educational facilities throughout the UGA, while Capital Facilities Policy CF-6-A counsels the City to Work with the school district to coordinate facility plans with this comprehensive plan and encourage appropriate location and design of schools throughout the community. 2. Will the proposed use adversely affect public infrastructure? 2.1 Public streets and utilities are in place to serve the property. Utilities surrounding the school site have been sized to accommodate moderate growth in the student population at Chiawana High School. 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 Chiawana High School is a major part of the general character of the neighborhood. Six additional portable classrooms will not likely alter the existing character of the neighborhood. The intended character of the neighborhood as identified in the Comprehensive Plan includes public uses (Schools) on the 77-acre Chiawana High School site. 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 new portable classrooms are significantly shorter and smaller than the existing high school. Past experience has shown the location of portable classrooms on school sites within residential neighborhoods has had no negative impact on surrounding residential values. The community has a long history of accepting portable classrooms on school properties. 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 Experience has shown that schools within Pasco generate few complaints from neighbors. The operation of the high school will not change as the result of the additional classrooms. SP 2022-08 Chiawana Portable Classrooms Page 3 of 4 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 The new portables will be built and installed to meet all fire and safety codes and state regulations pertaining to school construction. 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 2022-08, 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 117590010. 2. The property shall be developed in substantial conformity with the site plan submitted with the special permit application. 3. Development shall conform to all applicable Federal, State, and local regulations. 4. The Special Permit shall be null and void if a Building Permit has not been obtained within 2 years of Special Permit approval. Dated this of September, 2022. CITY,017 PASCO HEARING EXAMINER `tel rew 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 2022-08 Chiawana Portable Classrooms Page 4 of 4