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HomeMy WebLinkAboutHE Determination SP 2023-005 Tri-Cities Prep Expansion CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND CONDITIONS SP 2023-005 ) OF APPROVAL Tri-Cities Prep ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on June 14, 2023, the Hearing Examiner having taken evidence hereby submits the following Findings of Fact, Conclusions of Law, and Decision and Conditions of Approval as follows: L FINDINGS OF FACT 1. Property Description: Lot 1 Binding Site Plan 2011-08. 2. General Location: 9612 St. Thomas Drive (Parcel 115470017),in Pasco,Washington. 3. Property Size: Approximately 1,029,235.28 square feet or 23.63 acres. 4. ACCESS: The site will be accessed from St. Thomas Drive and St. Francis Lane. 5. UTILITIES:Water&irrigation are available in both St. Thomas Drive and Chapel Hill Boulevard. 6. LAND USE AND ZONING: The site is zoned C-1 (Retail Business) and developed with the Tri-Cities Prep private high school. Surrounding properties are zoned and developed as follows: North: C-R Vacant; Commercial East: C-R;R-4 Vacant,High-density Residential South: R-1 SFDUs West: C-1 Vacant; Commercial 7. 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 timeframe for new developments."Capital Facilities Goal CF-6 encourages the City to foster adequate provision for educational facilities throughout the UGA. 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 Mitigated Determination of Non-Significance (MDNS)was issued for this project on May 10, 2023,under WAC 197-11-158. A professional archaeological survey of the project area SP 2023-005 Tri-Cities Prep Page 1 of 6 following National Historic Preservation Act of 1966 (NHPA) Section 106 protocol and a report will be required prior to ground disturbing activities. 9. PROPOSAL: Terence Thornhill, Architect, on behalf of Tri-Cities Prep High school, has submitted a Special Permit application (SP 2023-005) for a 10-year Master Plan to expand the existing 65,715 square-foot main structure of the private school to 83,618 square feet, with 6 classrooms, a gymnasium, a multi-purpose building with chapel, administration areas, a concourse with a concession area, and circulation and support areas. Site development consists of adding 402 parking spaces (163,740 SF), baseball and softball fields with field lighting,three stand-alone offices, and classroom portables (The three double-wide portables are planned to be removed in the future). The height of the tallest proposed building would be 35 feet. Stadium lighting would extend to approximately 60 feet. Stadium lights would use enhanced LED targeting to minimize light pollution. Stadium lighting would be used infrequently. The exterior treatment of buildings would be white horizontally applied metal siding. Grading would include development of recessed (48') football field (source of fill), leveling for the plaza (20,500 SF) & walking path (35,000 SF). Minimum grading for proposed future building expansion would consist of approximately 200,000 square feet of total affected area. About 40% of the site will be covered with impervious surfaces after project construction. 10. The school site is located on a 23-acre parcel (Parcel 115470017) bordered by St. Thomas Drive along the north, St. Francis on the west, and Chapel Hill Boulevard to the south. St. Thomas Drive is classified as a local street, and Chapel Hill Boulevard is an arterial. The design of the Master Plan provides for an access point onto St. Francis Drive, which would feed onto both St. Thomas Drive and Chapel Hill Boulevard, enabling traffic to exit the site and make use of the signalized intersections at Broadmoor Boulevard. St. John Drive was also improved, allowing circulation from St. Thomas to Chapel Hill Boulevard to the east. Adjacent properties include retail,apartments, housing, &vacant lots. 11. Tri-Cities Prep was issued a Special Permit in 1996 allowing school development to begin. The first Tri-Cities Prep facilities were established on site in 1997 with construction of the school building and gymnasium. The school began classes with one secondary grade level with less than 30 students.Additional classes were added along with students. Enrollment for the 2007-2008 school year was around 130 students. Tri-Cities Prep anticipates approximately 240 students & 25 staff in the completed project. In 2007 a Special Permit for a school-wide Master Plan (SP 07-011)was approved.The Tri-Cities Prep Master Plan called for expanding the main school building with additions to the north, south and east. The expansion have added about 150 feet on the east side of the building and about 60 feet to both the north and south sides of the building. Additional parking was to be constructed to the east of the building while the main park lot was to be expanded west toward St. Thomas Drive. The softball diamond in the northwest corner of the campus as to be enlarged for baseball and a new softball diamond was to be located near the west property line. A football and soccer field were to be located south of the school building parallel to Chapel Hill Boulevard. Other improvements were to include restroom buildings, storage buildings, stadium lighting, and landscaping. The current Master Plan is similar to the 2007 project. Conditions for the original 10-year Master Plan were as follows: 11.1 The Special Permit is personal to the applicant. It is common planning practice for Special Permits to run with the land, contingent upon current owners abiding by the SP 2023-005 Tri-Cities Prep Page 2 of 6 conditions of the Special Permit. While the City has in times past issued Special Permits to applicants,this is no longer City policy. 11.2 Development on the Tri-Cities Prep Campus shall substantially conform to the campus Master Plan submitted with the Special Permit application; 11.3 The granting of a Special Permit does not give blanket approval to driveway locations and types of driveways. All driveways must be reviewed and approved by the Planning and Engineering Departments prior to construction. 11.4 Storage buildings and sheds indicated on the Master Plan cannot include container storage as defined in PMC 25.12.430; 11.5 The southem 200 feet of the Tri-Cities Prep property is encumbered by a Latecomers Agreement (AF # 1646027) for improvements in Chapel Hill Boulevard. The granting of a Special Permit does not negate the property owner's obligations under the terms of said Latecomers Agreement, 11.6 The Special Permit shall be valid until October 1, 2017. 12. Schools and educational facilities are permitted in most zoning districts within the community. However, they require review through the Special Permit process prior to issuance of a building permit. The original Tri-Cities Prep building was granted a Special Permit in 1996. As the student populations increase, schools and support facilities tend to be modified or enlarged. Each time a major project takes place a separate Special Permit review is required. Because of funding allocations and fluctuations in enrollments school construction projects tend to be multi-year efforts that continue over time. In the recent past Columbia Basin College (CBC) and the Pasco School District have both submitted 10-year Master Plans for various expansion projects. Tri-Cities Prep is also seeking approval of a 10- year Master Plan. Approving a 10-year Master Plan eliminates the need for multiple Special Permit reviews for individual expansion projects. It simplifies the development process and enables schools to quickly move forward on projects as funding becomes available. 13. Per the Institute of Transportation Engineers (ITE) 10th addition, the site would generate approximately 66 trips per day, with peak volumes to occur from 7:30 am to 8:30 am and 3:30 pm to 4:00 pm. Land Use Code (LUC) 534 uses independent variables of either students or employees. Per Tri-Cites Prep, the same number of staff and an additional 15 students would occupy this expansion; based on these numbers, no Traffic Impact Analysis (TIA) is required. 14. Public notice of this hearing was sent to property owners within 300 feet of the property and the Tri-City Herald on May 22, 2023. 15. Schools and educational facilities require review through the Special Permit process prior to issuance of a building permit. 16. Per the Institute of Transportation Engineers (ITE) 10th addition, the site would generate approximately 66 trips per day, with peak volumes to occur from 7:30 am to 8:30 am and 3:30 pm to 4:00 pm. 17. The Hearing Examiner must develop findings of fact(PMC 25.200.080)as to whether or not: 17.1 Will the proposed use be in accordance with the goals,policies,objectives,and text of the Comprehensive Plan? SP 2023-005 Tri-Cities Prep Page 3 of 6 17.1.1 Hearing Examiner Finding: 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 Citv to foster adequate provision for educational facilities throughout the UGA. 17.2 Will the proposed use adversely affect public infrastructure? 17.2.1 Hearing Examiner Finding: Development activities within the City are required to install or improve all necessary public infrastructures concurrent with development. The proposed Master Plan is for development on the existing Tri-Cities Prep Campus. Infrastructure is in place to serve the campus. 17.3 Will the proposed use be constructed,maintained and operated to be in hannony with existing or intended character of the general vicinity? 17.3.1 Hearing Examiner Finding: Schools are typically located in or near residential neighborhoods. Schools and supporting facilities, (parking lots, sports fields, portable classrooms, & storage buildings) are an accepted part of the character of neighborhoods. The proposed school expansion has been designed to complement the neighborhood by providing generous yard setbacks, significant landscaping, and screening of mechanical equipment. 17.4 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? 17.4.1 Hearing Examiner Finding: Permitted uses on surrounding properties have been developed after the development of the existing Tri-Cities Prep buildings. The location and development of school properties on other sites within Pasco have not impaired the value of surrounding properties. An on- line search of the County Assessors property records indicates property values near Pasco schools, including Pasco High School and Chiawana High School,have increased in recent years. 17.5 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? 17.5.1 Hearing Examiner Finding: The operations in connection with the existing school improvements have not been objectionable to nearby properties. The operations of school generally throughout Pasco do not create objectionable conditions for neighboring properties. 17.6 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? 17.6.1 Hearing Examiner Finding: The proposed Master Plan identifies future buildings, parking lots, and sports fields that will be constructed to adopted construction codes that ensure public health and safety are met. School properties in Pasco have not been a source of complaints or the development of nuisance conditions. SP 2023-005 Tri-Cities Prep Page 4 of 6 18. An open record public hearing after due legal notice was held June 14, 2023, with the staff and the public appearing in person, and the Hearing Examiner appearing via Zoom videoconference. 19. Appearing and testifying at the hearing was Terry Thornhill. Mr. Thornhill testified that he was the agent for the property owner and applicant. Mr. Thornhill testified that he was in agreement with the representations set forth in the staff report and with the proposed Conditions of Approval. 20. No member of the public testified at the hearing. 21. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 22. 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. The Hearing Examiner has been granted the authority to render this decision. 2. As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal Code. 3. 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 2023-005 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 115470017, 2. A professional archaeological survey of the project area following National Historic Preservation Act of 1966 (NHPA) Section 106 protocol and a report will be required prior to ground disturbing activities. 3. The School and School site shall be developed in substantial conformity with the site plan and building elevations submitted with the Special Permit application, subject to all City of Pasco Standard Specifications and Pasco Municipal Code. 4. Full frontage improvements along all fronting ROW will be required. All improvements shall be per City of Pasco Codes and Standards. 5. All stormwater must be maintained and treated on site and abide by City of Pasco and Department of Ecology regulations. SP 2023-005 Tri-Cities Prep Page 5 of 6 6. All infrastructure improvements must be designed by a Civil Engineer licensed within the State of Washington. 7. Tri-Cities Prep shall provide the City with a traffic management plan prior to the issuance of a building permit. 8. Tri-Cities Prep shall prepare a dust control mitigation plan to be submitted with the building permit application. 9. All utilities, storm water facilities, and infrastructure improvements shall be designed and constructed to meet the standard specifications of the City Engineer. 10. It is the requirement that the design, construction and improvements of the proposal shall be in conformance with the City of Pasco Standard Specifications, the Washington State Department of Transportation Standard Specifications for Road, Bridges, and Municipal Construction, the International Building Code, and the International Fire Code unless a specific modification has been identified in the conditions of approval/approval conditions in the staff report. Il. The Special Permit shall be valid until July 1, 2033. Dated this_y3 day of June, 2023. CITY OF ASCO HEARING EXAMINER ,//0z0f ,1/, And 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 2023-005 Tri-Cities Prep Page 6 of 6