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HomeMy WebLinkAboutHE Determination SP 2022-015 H&R Elite Trucking Academy CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND CONDITIONS SP 2022-015 ) OF APPROVAL Rojas/H&R Elite Trucking Academy ) 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 Lot 13,Binding Site Plan 2011-03 (Parcel 113510115). 1.2 General Location: 2020 Garland Street. 1.3 Property Size: Approximately 319,287.19 square feet or 7.33 acres. 1.4 Request: Special Permit: Location of a Truck Driving School at 2020 Garland Street (Parcel 113 510115). 2. ACCESS: Access to the site is available from Garland Street. 3. UTILITIES: The site is connected to municipal utilities. 4. LAND USE AND ZONING: The site is zoned I-1 (Light Industrial). The site is developed with two commercial structures. Surrounding properties zoned as follows: North: I-1 Commercial Structures East: I-1 Farming South: I-1 Commercial Structures;Basin Disposal Inc.;vacant land West: 1-1 Commercial Structures 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for industrial uses". 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) is anticipated to be issued for this project by September 13,2022,under WAC 197-11-158. TPROPOSAL: The Applicant, Juan Rojas, on behalf of H&R Elite Trucking Academy, submitted a Special Permit application (SP 2022-015)to locate a Trucking School, on Lot 13, Binding Site Plan 2011-03 at 2020 Garland Street(Franklin County Tax Parcel 113510115), in Pasco, WA. SP 2022-15 H&R Elite Trucking Academy Page 1 of 4 &PROPERTY DESCRIPTION: The proposed truck driving school would be located on the west portion of the 7.33-acre site along the south side of Garland Street. The site is in an industrial area with easy access to Interstate I-182, and State highways SR-395 and SR-12. 9.HISTORY: The site was annexed into the City of Pasco in 1979 (Ordinance 2016) and assigned RMH-2 (Mobile Home) zoning per Resolution 1202. The site was rezoned in 1994 (Ordinance 3058) to I-1 (Light Industrial). The area has been gradually converted from farming into agricultural processing uses. Several trucking companies, truck stops, washing stations, and truck repair shops have located nearby to accommodate the growing agricultural processing economy in Pasco. In 2012 an 8,000-square-foot trucking company office building was developed on the east side of the proposed truck driving school site; a 5,000-square-foot diesel repair and servicing structure was attached to the east side of the building in 2017. In 2016 an 1,800-square-foot modular structure was placed on the west side of the lot in 2016. The trucking school would be utilizing this west building and the west side of the lot for student truck driver training. 10. The City of Pasco population has grown to over 80,000, according to the most recent Office of Financial Management estimate. Population and local agricultural processing facilities growth have created a demand for truck driving school facilities. 11. Trade schools require Special Permit review under the provisions of Pasco Municipal Code (PMC)25.200.020(4): "Unclassified uses.". 12. Pasco Municipal Code 25.185.170(3) requires one parking space for each 300 square feet of floor area. With a 5,000 square-foot office building, the total parking requirement would be 17 spaces, rounded up(5,000/300= 16.66). There are 11 on-site parking spaces associated with the structure on the west side of the lot. The lot contains sufficient room for more parking spaces. 13. Public notice of this hearing was sent to property owners within 300 feet of the property and the Tri-City Herald on September 20,2022. 14. Several trucking related uses are located nearby. 15. In 2012 a 8,000-square-foot trucking company office was developed on the east side of the lot. 16. A 5,000-square-foot diesel truck servicing structure was added to the west in 2017. 17. The trucking school would be utilizing the west building and west lot for student truck driver training. 18. Per PMC 25.200.020(4) Unclassified uses, including trade schools, require Special Permit review. 19. Per OFM estimates, Pasco's population has grown to over 80,000. 20. Population and agricultural processing growth have created a demand for truck driving schools. 21. PMC 25.185.170(3) requires one parking space for each 300 square feet of floor area for technical school facilities. 22. The total parking requirement would be 17 spaces, rounded up, for a 5,000 square-foot technical school facility. 23. There are 11 on-site parking spaces associated with the structure on the west side of the lot. 24. The lot contains sufficient room for more parking spaces. SP 2022-15 H&R Elite Trucking Academy Page 2 of 4 25. 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. 26. Appearing and testifying for the Applicant was Juan Rojas. Mr.Rojas 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. 27. No member of the public testified at the hearing. 28. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 29. 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 Industrial uses. Capital Facilities Goal CF-6 encourages the City to foster adequate provision for educational facilities throughout the UGA 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 designed and constructed to accommodate industrial uses. 3. Will the proposed use be constructed, maintained, and operated to be in harmony with the existing or intended character of the general vicinity? 3.1 The existing/intended character of the general vicinity is Industrial. Applicant is proposing to use an existing structure for the trucking school. Special Permit conditions may include a requirement to maintain the facility and grounds in a professional manner. 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 Applicant is proposing to use an existing structure for the trucking school. The existing/intended character of the general vicinity is Industrial. Location of a trucking school at the site will not discourage the further development of permitted industrial uses on property in the general vicinity or impair the value thereof. 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 Truck driving instruction will create similar levels of noise, fumes, vibrations, dust, traffic, or flashing lights as the operation of any other permitted uses within the 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? SP 2022-15 H&R Elite Trucking Academy Page 3 of 4 6.1 Truck driving instruction will create similar levels of public health and/or safety risk and/or nuisance conditions as the operation of any other permitted uses within the district. 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 2022-15, 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 Parcel 113510115. 3. The applicant shall obtain any required approval for applicable City development review. 4. Parking requirements shall be met as per PMC 25.185.170(3). 5. The building and grounds of the truck driving school shall be maintained in a professional manner. 6. The applicant or assigns shall maintain all necessary Washington State and City of Pasco licenses. 7. The special permit shall be null and void if the above conditions are not met. Dated this 17'h day of October, 2022. CITY F,IPASCO HEARING EXAM[NER rew 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). SP 2022-15 H&R Elite Trucking Academy Page 4 of 4