HomeMy WebLinkAboutHE Determination SP 2023-007 BreakThrough CSF II CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
DECISION AND CONDITIONS
SP 2023-007 ) OF APPROVAL
BreakThrough,Inc. )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on July
12, 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:
I. FINDINGS OF FACT
1. Property Description: Lot 11,West Pasco Terrace Phase 2.
2. General Location: 6304 Bulldog Lane,Pasco 99301;A parcel of land located along Bulldog
Lane near Leopard Lane adjacent Road 60(Parcel 116180062).
3. Property Size: Approximately .19 acres 8483.43 square feet).
4. ACCESS: The site has access from Bulldog Lane.
5. UTILITIES:Water and sewer service are available from Bulldog Lane.
6. LAND USE AND ZONING: The site is currently zoned R-1 (Low-Density Residential)and
has a residential home developed on site. Surrounding properties are zoned and developed as
follows:
NORTH: R-1 SFDUs
EAST: R-1 SFDUs
SOUTH: R-1 SFDUs
WEST: R-1 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-1-D Policy: Land uses should be
permitted subject to adopted standards designed to mitigate land use impacts on adjacent,less
intensive uses,while preserving constitutionally protected forms of expression. LU-2-A
Policy: Maintain sufficient land designated to accommodate residential,commercial,
industrial,educational,public facility, and open-space uses proximate to appropriate
transportation and utility infrastructure. H-1-C Policy supports the availability of special
needs housing throughout the community.
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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 June 26,2023,under
WAC 197-11-158.
9. PROPOSAL: The Applicant, Christopher Patterson, c/o BreakThrough Inc., 3613 Bulldog
Lane, Pasco WA 99301, has proposed to locate a BreakThrough Inc. Community Service
Facility, level H, at 6304 Bulldog Lane. The site was annexed into the City in 2006
(Ordinance 3788) and assigned the R-S-1 (Low-Density Residential) zoning designation
(Ordinance 3789). The site was rezoned R-1 (Low Density Residential) in 2010 (Ordinance
3954)with a concomitant agreement setting the minimum lot size at 8,500 square feet.
10. The proposed facility site is located at the west side of Bulldog Lane near Leopard Lane to
the north,and adjacent Road 60 to the west, and contains approximately .19 acres. The site is
developed with a 1,524-square-foot single-family home. City water and sewer utilities are
available in Bulldog Lane.
11. Per the Department of Children, Youth, and Families (DCYF) Children's Agency License
submitted with the Business license application, the facility would qualify as a Staffed
Residential Home (SRH), licensed under the provisions of Chapter 74.15 Revised Code of
Washington(RCW).
12. Per Washington Administrative Code (WAC) 110-145-1305 "Staffed residential home"
means a licensed facility that provides 24-hour care to six or fewer children who require more
supervision than can be provided in a foster home.
13. Per WAC 110-145-1355, SRH operators are responsible for obtaining a certificate of
occupancy and for following all local and state regulations such as zoning regulations,
community covenants, local building codes and fire codes. The department may require
applicants to provide proof of compliance with local regulations.
14. Per WAC 110-145-2190(5) the department may license a staffed residential home for up to
three children with mental or physical disabilities that are severe enough to require nursing
care if[they] meet the following conditions:
14.1 [They] provide staff that are qualified by training and experience to provide proper
care,including necessary medical procedures; and
14.2 The children's treatment is under the supervision of a physician.
15. Per WAC 110-145-2195,the required ratios of staff to children under care in an SRH are as
follows:
15.1 [they] must have at least one direct care staff for every six children during waking
hours for the children placed in [the] home.
15.2 During sleeping hours at least one staff person must be awake when:
15.2.1 There is a written supervision agreement or a contract with the department
specifying an awake staff is needed for either the program or a specific child;
or
15.2.2 A youth's behavior poses a safety risk to self and/or others;or
15.2.3 A child's medical condition requires constant monitoring.
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15.3 The need for overnight supervision must be documented in each child's treatment
plan if awake supervision is necessary.
15.4 When only one direct care staff is on duty, a second person must be on-call and
available to respond within thirty minutes.
15.5 [The facility] must have relief staff so that all staff can have the equivalent of two
days off a week. This is not required for family members if the staffed residential
home is a family residence.
16. Per Pasco Municipal Code (PMC) 25.185.170(2) parking requirements for a Community
Service Facility is one space for each three beds plus one space for each two employees The
facility would have a total of 2 clients, and a total of 8-10 staff, which could require up to 6
parking spaces. There is not room on-site for 6 parking spaces. However, as staff do not all
work at the same time, parking requirements would be calculated using the number of beds
and maximum number of employees which would be on-site at any given time.
17. Due to the associated risk of a Community Service Facility, an architect registered in the
State of Washington is required to prepare plans and documentation supporting that the
proposed facility provides a reasonable level of safety, public health, and general welfare
through structural strength,means of egress facilities, stability, sanitation, adequate light and
ventilation, energy conservation,and safety to life and property from fire, explosion and other
hazards, and to provide a reasonable level of safety to fire fighters and emergency responders
during emergency operations.
18. Public notice of this hearing was sent to property owners within 300 feet of the property and
the Tri-City Herald on June 21,2023.
19. The Hearing Examiner must develop findings of fact(PMC 26.24.070)as to whether or not:
19.1 Will the proposed use be in accordance with the goals,policies,objectives,and text
of the Comprehensive Plan?
19.1.1 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 principal arterial (Burns Road)and a collector(Road 60).
19.2 Will the proposed use adversely affect public infrastructure?
19.2.1 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-1 Zone.
19.3 Will the proposed use be constructed,maintained and operated to be in harmony with
existing or intended character of the general vicinity?
19.3.1 Hearing Examiner Finding: The proposal would maintain the current exterior
of the building which coincides with the surrounding residential SFDU
structures. The proposal would increase parking from two on-site spaces to
up to 6. However, parking requirements will be calculated using the number
of beds and the maximum number of employees which would be onsite at
any given time.
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19.4 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?
19.4.1 Hearing Examiner Finding: There is no design change or development plan
for this site.
19.5 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?
19.5.1 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 or slightly more than other uses that would be permitted for this
property. The proposed operations for the project are to be conducted
primarily within the building. Some outdoor open/spaces may be used for
outside sitting and gathering areas.
19.6 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?
19.6.1 Per the Department of Children, Youth, and Families (DCYF) Children's
Agency License submitted with the Business license application,the facility
would qualify as a Staffed Residential Home (SRH), licensed under the
provisions of Chapter 74.15 Revised Code of Washington(RCW).
19.6.2 Per Washington Administrative Code (WAC) 110-145-1305 "Staffed
residential home" means a licensed facility that provides 24-hour care to six
or fewer children who require more supervision than can be provided in a
foster home.
19.6.3 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.
19.6.4 Per WAC 110-145-1390(1) DCYF may modify, deny, suspend or revoke the
Children's Agency license if applicant or employees Have committed,
permitted, or assisted in an illegal act on the premises of a facility providing
care to children; Are unable to manage the property or financial
responsibilities thereunto; cannot provide for the safety, health and well-
being of the child(ren)in the care of the facility,among other things.
19.6.5 The City of Pasco will revoke the Special Permit if Applicant does
not/cannot maintain the DCYF License.
20. An open record public hearing after due legal notice was held July 12, 2023, with the staff
and the public appearing in person, and the Hearing Examiner appearing via Zoom
videoconference.
21. Appearing and testifying at the hearing was Nathan Cooper. Mr. Cooper testified that he was
the agent for the property owner and applicant. Mr. Cooper testified that he was the Chief
Operating Officer of BreakThrough,Inc.He indicated that client family visits could increase
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the parking requirements. However, family visits are infrequent and generally a short
duration. He indicated that the garage is used by staff for two parking spaces and there are
two additional parking spaces in the driveway. He stated that their juvenile clients do not
drive.
22. No member of the public testified at the hearing.
23. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
24. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
I1. 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.
111. DECISION
Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner APPROVES
Application SP 2023-007 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 tax Parcel 116180062 and any subsequent subdivisions thereof.
2. The applicant must provide adequate onsite parking stalls for the staffed residential home.
Parking requirements shall be calculated using the number of beds plus the maximum number of
employees which will be on-site at any given time.
3. The Special Permit shall become null and void if one or more of the following occur on the
premise:
a) The site becomes a chronic nuisance, as defined in per PMC 9.95.030.
b) Nuisance activities,as defined in per PMC 9.95.030 persist at the site.
c) Applicant does not/cannot maintain a DCYF License for the site.
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Dated this 1f day of July, 2023.
CITY OF SCO HEARING EXAMINER
And(W'.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).
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