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Home My WebLink AboutHE Determination SP 2022-012 BCC Upper Floor Dwelling CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND CONDITIONS SP 2022-012 ) OF APPROVAL Broadmoor Commercial Center ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on October 12, 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 Leal: Lots 4 & 5,Binding Site Plan 2005-08 (Franklin County Tax Parcels 115442013 & 115442014). 1.2 General Location: Along Road 92 approximately 300'north of the Road 92/Sandifer Parkway intersection. 1.3 Property Size: Approximately 1.15 acres (50,023.33 square feet). 2. ACCESS: The site has access along Road 92. 3. UTILITIES: The site is served by both water and sewer services from Road 92. 4. LAND USE AND ZONING: The property is zoned C-1 (Retail Business). The site is vacant. Surrounding properties zoned as follows: North C-1 Vacant East R-4 Vacant/Under development South C-1 Vacant/Under Development West C-1 Mini-Storage 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses.Land Use Policy LU-4-C seeks to"Encourage the development of walkable communities by increasing mixed-use(commercial/residential) developments that provide households with neighborhood and commercial shopping opportunities."Land Use Policy LU-4-F similarly suggests the City"Support mixed use, smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy 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 SP 2022-12 BCC Upper Floor Dwelling Unit Page 1 of 4 Determination of Non-Significance (DNS)was issued for this project on September 16, 2022, under WAC 197-11 -158. 7. PROPOSAL: The Applicant, Broadmoor Commercial Center LLC, c/o Kees Koster, PO Box 4770, Pasco, WA 99302, submitted a Special Permit Application to build a mixed-use suite, with an office suite on the main floor and a dwelling unit on the upper floor, on two parcels along Road 92. 8. PROPERTY DESCRIPTION: The proposed facility would be on a 1.15-acre site consisting of two parcels (to be combined into one parcel). The facility would be located along Road 92 approximately 300'north of the Sandifur Parkway intersection. 9. HISTORY: The site was annexed into the City of Pasco in 1982 and zoned Cl-D (Designated Shopping Center; Ordinance 2388), as per City of Pasco 1981 Resolution 1396. The site was rezoned to C-1 in 1997 (Ordinance 3251). Two parcels to the east of Road 92 were rezoned from C-1 to R-4 (Ordinances 4544 and 4554; Master File #s Z 2021-008 & Z 2021-012, respectively) in 2021. A similar rezone for three lots on the west side of the block along Midland Lane was also approved in 2021 (Ordinance 4543; Master File# Z 2021-007). Townhouse development is being pursued for one of the lots to the northeast of the site. 10. According to Applicant,there will be one building with 6 commercial suites on each lot, . . . this [being] the only dwelling unit [they] are planning at this stage . . .." While this unit does not qualify as a `caretaker's residence,' it does fall under the permitted conditional use category, as the dwelling unit is not on the main floor. 11. Applicant owns the property, and intends on managing it, using the office space and a garage at the bottom level, and an apartment on the upper floor, to act as a security feature for the business complex. 12. As mentioned above, several commercial C-1-zoned lots on Road 92 were recently re-zoned to medium density residential use. Applicant cites the lack of available residential lots in the area as the main reason for the Special Permit application. Building plans for the suite with the dwelling unit above have been attached as part of the report. 13. Applicant also operates Broadmoor Storage Solutions next door, and has an on-site manager's apartment there, which, is claimed to be a great security feature. Applicant received approval for a special use permit for both the storage business and the apartment (Master File# SP 05-24) in 2005,when that facility was originally planned. 14. The proposed structure must be constructed in conformance with the I-182 Design Standards. Requiring the development on the site to conform to the 1-182 Design Standards will ensure harmony with the intended character of the area. 15. Two parking spaces per dwelling unit are required in residential zoning districts. The proposal shows a 2-car garage as part of the proposal. 16. An open record public hearing after due legal notice was held October 12, 2022, with the staff and the public appearing in person, and the Hearing Examiner appearing via Zoom videoconference. SP 2022-12 BCC Upper Floor Dwelling Unit Page 2 of 4 17. Appearing and testifying for the Applicant was Kees Koster. Mr. Koster stated he was an agent of the Applicant and property owner and was authorized to appear and speak on their behalf. He stated he was in agreement with the representations set forth in the staff report and with the proposed Conditions of Approval. Mr. Kees stated the dwelling unit would not be used as a short term vacation rental. 18. No member of the public testified at the hearing. 19. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 20. 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 intended for Mixed Residential/Commercial uses. Land Use Policy LU-4-C seeks to"Encourage the development of walkable communities by increasing mixed-use (commercial/residential) developments that provide households with neighborhood and commercial shopping opportunities."Land Use Policy LU-4-F similarly suggests the City"Support mixed use, smart growth, infill,and compact developments with transit and pedestrian amenities that promote a healthy community." 2. Will the proposed use adversely affect public infrastructure? 2.1 The proposal will create less of an impact on utilities than more intense land uses such as restaurants or similar uses. 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 proposal must be constructed in conformance with the I-182 Design 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 proposal must be constructed in conformance with the 1-182 Design Standards. Based on the submitted plan set the proposed use would not exceed the height of permitted uses on the site. 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 Developing the site in conformance with the I-182 Design Standards with attractive buildings, pavement, and landscaping to control dust, shielded lighting and operational restriction will address any concerns related to the operations of the proposal. Traffic is not a significant factor in the operation of an apartment in a C-1 zoning district. Two parking spaces per dwelling unit are required in residential zoning districts. The proposal shows a 2-car garage as part of the proposal. 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? SP 2022-12 BCC Upper Floor Dwelling Unit Page 3 of 4 6.1 A residential unit above an office as proposed can be considered a less intense commercial land use when compared to other uses permitted in the C-1 zone. The design and layout of the proposed facility will eliminate the possibility of nuisances developing from more intense uses. 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 2022-12, 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 Applicant shall comply with all regulations set forth in the Pasco Municipal Code. 2. The special permit shall apply to Parcels 115442013 & 115442014,and any subsequent parcels thereof. 3. The structure shall be constructed in substantial conformance to the submitted plan set. 4. The special permit shall be null and void if the proposed improvements are not made within two years from the date of approval. Dated this 17`h day of October, 2022. CITY O ASCO HEARING EXAMINER /"� ixlz—� A w L. Kottkam 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). SP 2022-12 BCC Upper Floor Dwelling Unit Page 4 of 4