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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. SP 2022-013 High School 43 Page 1 of 4 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 SP 2022-013 High School 43 Page 2 of 4 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. SP 2022-013 High School 93 Page 3 of 4 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). SP 2022-013 High School#3 Page 4 of 4