HomeMy WebLinkAboutHE Determination SP 2022-026 Elisas Garden AFH Expansion CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW AND
DECISION
SP 2022-026 )
Elisa's Garden AFH )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
March 8, 2023, the Hearing Examiner having taken evidence hereby submits the following Findings
of Fact, Conclusions of Law, and Decision as follows:
I. FINDINGS OF FACT
1. Property Description: SPARTAS 1 ST ADD LOT 5,BLOCK 1.
2. General Location: 3613 West Octave Street, Pasco 99301;A parcel of land located on the
north side of W. Octave Street between Road 36 and Road 37 (Parcel 4119494227)..
3. Property Size:Approximately .21 acres.
4. ACCESS: The site has access from West Octave Street.
5. UTILITIES: Water and sewer service are available from West Octave Street.
6. LAND USE AND ZONING: The site is currently zoned R-S-12 (Suburban District) and has
a residential home developed on site. Surrounding properties are zoned and developed as
follows:
NORTH: R-S-12 SFDUs
EAST: R-S-12 SFDUs
SOUTH: R-S-12 SFDUs
WEST: R-S-12 SFDUs
7. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is primarily
intended for low-density residential uses. The Plan does not specifically address adult home
facilities,but elements of The Plan encourage the promotion of orderly development
including an increase in residential housing density. LU-5-A Policy encourages a variety of
residential densities throughout the UGA Plan. H-1-C Policy supports the availability of
special needs housing throughout the community.
8. 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 January 4, 2023,
under WAC 197-11-158. This DNS was not appealed.
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9. PROPOSAL: The Applicant, Elisa's Garden AFH, 3613 West Octave Street, Pasco WA
99301, has submitted a special permit application proposed to increase the occupancy of
Elisa's Garden, adult family home, from 6 residents to 8. The site was annexed into the City
in 1994 (Ordinance 2971) and assigned the R-S-12 (Suburban District) zoning designation.
The proposed project site is located at the north side of W. Octave Street between Road 36
and Road 37 and is approximately .21 acres. The site is developed with a 2,700-square-foot
assisted living home. City water and sewer utilities are available in West Octave Street. The
building's use will remain the same. However, the proposed occupancy will increase from 6
residents to 8.
10. Per PMC 25.185.170 (2)the required off street parking would be a minimum of four parlsng
stalls. Three for the eights beds and one for every two employees, assuming two or less
employees.
11. There is not enough space on the lot for four parking stalls.
12. Before recommending approval or denial of the proposed plat the Hearing Examiner must
develop findings of fact from which to draw its conclusion (PMC 25.200.080 and
25.200.100)therefrom as to whether or not.-
12.1
ot:12.1 Will the proposed use be in accordance with the goals,policies, objectives, and text
of the Comprehensive Plan?
12.1.2 Hearing Examiner Finding: The Plan stresses the importance of siting
necessary facilities in appropriate locations and the protection of life and
property. The site is located within a developed portion of the community
near a major arterial (West Court Street), which provides excellent access to
the surrounding neighborhoods.
12.2 Will the proposed use adversely affect public infrastructure?
12.2.1 Hearing Examiner Finding: The proposal will generate little demand for
public utilities such as water and sewer. Traffic generation of the proposal
would minimal and easily accommodated by the existing road system. The
utility demands of the proposed facility are appropriate for a R-S-12 Zone.
12.3 Will the proposed use be constructed, maintained and operated to be in harmony with
existing or intended character of the general vicinity?
12.3.1 Hearing Examiner Finding: The proposal would maintain the current exterior
of the building which coincides with the surrounding residential SFDU
structures. The proposal increases occupancy from 6 to 8 residents but there
are no indications of a building addition. However, because the Applicant
cannot meet the off street parking requirements, the Hearing Examiner finds
that the proposal would not be in harmony with the character of the general
vicinity.
12.4 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?
12.4.1 Hearing Examiner Finding: There is no design change or development plan
for this site. However, because the Applicant cannot meet the off street
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parking requirements, the Hearing Examiner finds this proposal may impair
the value of property in the general vicinity.
12.5 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?
12.5.1 Hearing Examiner Finding: No uses are proposed for the project (either in
the building or at outside areas)that would 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 use within the land use
designation. People and vehicles visiting the proposed site are anticipated to
be similar to other uses that would be permitted for this property. The
proposed operations for the project are to be conducted primarily within the
building with some outdoor open/spaces to be used for outside sitting and
gathering areas. However, because the Applicant cannot meet the off street
parking requirements,the Hearing Examiner finds that the proposal would be
objectionable to nearby properties.
12.6 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?
12.6.1 Hearing Examiner Finding: It is expected that the proposed facility would not
cause harm to public health and safety and that the associated activity would
not become a nuisance to permitted uses in the vicinity. The proposed
increase in occupancy may be permitted as conditional use in the R-S-12
zoning district. The adult family home use is compatible with and
complementary to surrounding residential uses.
13. Public notice of this hearing was sent to property owners within 300 feet of the property and
the Tri-City Herald on February 14, 2023.
14. An open record public hearing after due legal notice was held March 8, 2023, with the staff
and the public appearing in person, and the Hearing Examiner appearing via Zoom
videoconference.
15. Appearing and testifying at the hearing was Misty Pelham. Ms. Pelham stated that their
current residents do not drive and are "end of life" residents. She stated that the owner also
owns a nearby lot. However, no proposal was submitted to utilize this property as additional
onsite parking.
16. No members of the public testified at the hearing.
17. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
18. 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. This project is not consistent with the Pasco Comprehensive Plan and Pasco Municipal Code.
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2. 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 DENIES
Application SP 2022-026 as the property does not allow for the minimum number of onsite parking
spaces required.
Dated this 16th day of March, 2023.
CITY O PASC0 HEARING EXAMINER
An ew L. Kott amp
Absent a timely appeal,this Decision is finals
t 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).
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