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HomeMy WebLinkAbout04-10-2024 HE PacketAGENDA HEARING EXAMINER MEETING City Hall – 525 North Third Avenue Council Chambers WEDNESDAY, APRIL 10, 2024 6:00 PM This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.com/psctvlive. Audio equipment available for the hearing impaired; contact staff for assistance. I. CALL TO ORDER II. PUBLIC HEARINGS A. SP 2024-004 Memorial Park Pool Bubble III. ADJOURNMENT REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, 10 April 2024 6:00 PM 1 MASTER FILE #: SP 2024-004 APPLICANT: Ryan Mahaffey, City of Pasco 525 N 3rd Avenue Pasco, WA 99301 REQUEST: Special Permit: Placement of a new pool bubble over an existing pool at Memorial Park Timeline: 8 March 2024 Application Submitted 8 March 2024 Application Deemed Complete 1 April 2024 SEPA Determination of Non-Significance Issued 27 March 2024 Application Noticed for Public Hearing 3 April 2024 Public Hearing Staff Report Published BACKGROUND 1. PROPERTY DESCRIPTION: Legal: HELMS 2ND ADD BLKS 13, 14, 15 & 16. General Location: 1520 W Shoshone Street (Parcel # 112-204-016), in Pasco, Washington. Property Size: 12.25 acres. 2. ACCESS: The property has access on all sides, with the primary area where the pool is located can be accessed from both W Shoshone Street and N 14th Avenue. 3. UTILITIES: Municipal water and sewer services are available from N 14th Avenue. 4. LAND USE AND ZONING: The property is zoned R-1 (Low-Density Residential) and is developed with an existing pool and park with associated amenities. Surrounding properties are zoned and developed as follows: North: R-1 Low Density Residential/Single Family Homes East: R-1/R-2 Low & Medium Density Residential/Single Family Homes and Library South: R-1 Low Density Residential/Single Family Homes West: R-1 Low Density Residential/Single Family Homes 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Open Space Parks. The Open 2 Space Parks designation allows for all zoning districts, development of parks and recreation facilities requires special permit review. Development within this designation is severely restricted to park lands, trails, and critical areas. 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) was issued on April 1, 2024 for this project under WAC 197-11-355. ANALYSIS Request Applicant proposes to install a new fabric structure (“bubble”) above an existing pool at Memorial Park. The bubble will be 38 feet in height. Site The site is addressed 1520 W Shoshone Street (Parcel # 112-204-016) in Pasco, WA. The site forms the entire block between the North/South roads of N 17th Avenue and N 14th Avenue and the between the East/West roads of W Shoshone Street and W Bonneville Street. The park property is approximately 12.25 acres in size, however, the pool facilities where the bubble is proposed is over the existing pool located on the northeast corner of the park site. History In 1889 the land was added to the City of Pasco as a part of Helms Second Addition, at the time the land was platted as four separate blocks with associated right-of-ways. Between today and the platting action the right-of-way was vacated and the land consolidated to form the parcel as it is today. The site was assigned the R-1 Low Density Residential zoning in 1938 as a part of the City’s original Zoning Ordinance (Ordinance 0435) The site is currently developed as a park and contains facilities and structures typical to the use such as a baseball/softball field, basketball court, soccer fields, pool facilities, play structures, gazebo, and landscaped open space. Proposal The project will involve the construction/placement of a new fabric structure, known commonly as a “bubble”, above an existing pool. The bubble would extend the use of the outdoor swimming pool during the fall, winter, and spring so that the community may utilize the pool all year instead of during preferable weather conditions in the summer. The bubble would be 38 feet tall and would be situated over the pool in the northeastern portion of the parcel. STAFF FINDINGS OF FACT 1) Notice of the public hearing was sent to property owners within 300 feet of the subject property and the newspaper on March 27, 2024. 2) Applicant proposes to construct a pool bubble over an existing pool at Memorial Park. 3) The addition of the pool bubble to the existing facilities will allow use of the pool during times it has historically been closed such as months in the fall, winter, and spring seasons. 4) The site is located at 1520 W Shoshone Street (Parcel 112-204-016), specifically at the existing pool facilities on the northeast section of the parcel. 3 5) The site is zoned R-1 (Low-Density Residential). 6) The site is developed with structures for uses typical to parks including a baseball/softball field, basketball court, soccer fields, pool facilities, play structures, gazebo, and landscaped open space 7) Benton-Franklin Transit Route 65 runs adjacent to the eastern property line of Memorial Park. 8) The site was added to the City as a part of Helms Second Addition in 1889. 9) The site was assigned R-1 (Low Density Residential) designation under Pasco’s original Zoning Ordinance (Ordinance 0435). 10) Construction will occur from 7:00 AM – 7:00 PM on dates when the pool is closed for the season. 11) The structure will be 38 feet in height. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT As per Pasco Municipal Code (PMC) 25.200.080, Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from the record and conclusions thereof as to whether or not: (1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; Per The Comprehensive Plan designates this site as “Open Space Parks.” The Open Space Parks designation allows for all zoning districts as development of parks and recreation facilities requires Special Permit review. This designation is set for land where development will be severely restricted such as park lands, trails, and critical areas. • Land Use Policy LU-3-A: Design major streets, schools, parks, and other public facilities that will encourage the individual identities of neighborhoods. The proposed pool bubble will be the first within the City of Pasco and will add a unique characteristic to the neighborhood and provide easy access to residents to a pool facility throughout the year and in inclement weather. • Land Use Policy LU-3-B: Support existing and design future recreational, educational, and cultural facilities and services through the Capital Facilities Plan; dedication of land through the concurrency management process; and coordination with service providers. The proposed pool bubble is a project listed in the City’s Capital Improvement Plan (CIP). The proposal will enhance an existing public facility and allow residents access to the pool throughout the year. • Economic Development Policy ED-1-D: Promote tourism and recreational opportunities. The proposed pool bubble provides access to a recreational facility all year and during inclement weather and may bring in persons that reside outside of Pasco for events and similar activities. (2) The proposal will adversely affect public infrastructure; Accesses to the site are established and include items such as curb, gutter, sidewalk, and street lighting. Utilities are available to the site and have been designed and constructed to accommodate current uses. The addition of a pool bubble to the site will not impact existing utilities in the area. (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; The properties in the general vicinity are residential and public uses, the addition of the pool bubble will not negatively impact the character of the neighborhood. (4) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof; 4 While the proposed peak height of the structure exceeds the maximum height of dwelling units allowed on the subject site and surrounding parcels the height will not discourage development of the site. The proposal would encourage higher use of an existing facility designed to serve nearby and city-wide residents. All but one parcel surrounding the site are currently developed with residential homes, the construction of the proposed pool bubble will not discourage or impair development or further development of the properties. (5) The operations in connection with the proposal will 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; The proposal will have an air handling unit to keep the bubble inflated and to provide air exchange. The unit will be required to be kept behind solid screening to mitigate impacts of noise and vibrations. (6) The proposal will 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. The proposal seeks to extend a use that has operated without issue in the area into seasons of the year that that the site is typically closed during. The proposal will not endanger public health or become a nuisance to uses within the area. APPROVAL CONDITIONS 1) The special permit shall apply to 1520 W Shoshone Street (Parcel 112-204-016), and any subsequent subdivision(s) thereof. 2) The applicant shall obtain any required approval for applicable City development review. 3) The pool bubble shall be constructed with substantial conformance to the site plan and elevations submitted with this Special Permit Application. 4) Any mechanical equipment constructed outside of the pool bubble shall be fully screened from public view by solid screening. Future additions to mechanical facilities serving the pool bubble shall not require new review through the Special Permitting process, applications for new mechanical equipment shall be submitted to the Planning Department for review of screening (if required) and compliance with the City of Pasco’s noise Ordinance (Pasco Municipal Code Chapter 9.130). 5) The Special Permit shall be null and void if the above conditions are not met. RECOMMENDATION Staff recommends approval of a Special Permit for the construction of a pool bubble over an existing pool at Memorial Park, 1520 W Shoshone Street, (Parcel 112-204-016) with conditions as herein proposed. The picture can't be displayed. Looking North The picture can't be displayed. Looking Northeast The picture can't be displayed. Looking East The picture can't be displayed. Looking Southeast The picture can't be displayed. Looking South The picture can't be displayed. Looking Southwest The picture can't be displayed. Looking West The picture can't be displayed. Looking Northwest Affidavit of Mailing In regards to MF# SP2024-004 I, Carmen Patrick, hereby confirm that notification was sent by mail March 26 , 2024 to the owners of the parcels within 300 feet of the proposed site. The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification . Given under my hand and official signature this 26 th day, March of 2024 . Representative's Signature f iii Cityof 11• Pasco Community Development Depa rtment PO Bo x 293 , 525 N 3rd Ave , Pasco , WA 99301 P: 509 .545 .3441 / F: 509 .545 .3499 PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor Ila me al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509 -545-3441. A Public Hearing with the Hearing Examiner will be held on April 10, 2024, at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco Washington . Proposal: Ryan Mahaffey of City of Pasco has submitted a Special Permit Application (SP 2024-004) to install a new fabric structure ("bubble") above an existing pool at Memorial Park, the bubble will be 38 ' tall. The proposal is located at 1520 W Sylvester Street (Parcel # 112 -204-016) in Pasco , WA 99301 . The proposal is subject to regulations contained in the Pasco Municipal Code . Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on April 10, 2024, to be included in the Hearing Examiner packet . Comments submitted after will be distributed to the Hearing Examiner the day of the public hearing .. If you have questions on the proposal, contact the Planning Division at (509) 905 -2604 or via e-mail to: hatto ria@pasco -wa .gov . If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco -wa .gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Preliminary Plat within ten (10) business days of the public hearing. Prepared 26 March 2024 by : Andrew Hattori, Planner II, PO Box 293 Pasco , WA 99301 (509) 545-3441 The City of Pasco welcomes full participation in public meetings by all citizens . No qualified individual with a disability shall be excluded or denied the benefit of participating in such meet ings . If you wish to use auxiliary aids or require assistance to comment at this public meeting , please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs . Vicinity Map Item: Memorial Park Pool Bubble Applicant(s): Ryan Mahaffey, City of Pasco File#: SP 2024-004/SEPA 2024-012 N A NAME ADDRESS CITY STATE ZIP RAFAEL AGUILAR 1504 W YAKIMA ST PASCO WA 99301 THEODORE & J J JOHNSON 1508 W YAKIMA ST PASCO WA 99301 RAMON VERA (ETU X) 2003 ROAD 80 PASCO WA 99301 MARTIN SALAS 5309 OVERTON RD PASCO WA 99301 VA NESA CRUZ-MONTANO (ETVIR ) 1520 W YAKIMA ST PASCO WA 99301 TIM DENNING (ETAL ) 1524 W YAKIMA ST PASCO WA 99301 FELICIANO B & IRENE S DELGADO 1532 W YAKIMA ST PASCO WA 99301 MICHAEL E TWISS 1503 W SHOSHONE ST PASCO WA 99301 SUSANA CABANAS 1511 W SHOSHONE ST PASCO WA 99301 RAMON A SANCHEZ 1515 W SHOSHONE ST PASCO WA 99301 CARLOS & SANDRA RAMOS 1519 W SHOSHONE ST PASCO WA 99301 BENJAMIN D CLARK (ETU X) 1527 W SHOSHONE ST PASCO WA 99301 NIKI LYN DELAHUNT 3232 W 7TH AVE KENNEWICK WA 99336 REFUGIO ALBERTO SERRANO 1615WYAKIMAST PASCO WA 9930 1 MARTIN CRUZ (ETAL ) 1823 N 12TH AVE PASCO WA 9930 1 LORENZO & MARIA CHAVEZ 1612 W YAK IMA ST PASCO WA 99301 MOISES DOMINGUEZ (ETU X) 1616 W YAKIMA ST PASCO WA 99301 JUAN L FLORES PO BO X 5193 PASCO WA 99302 JOSH & HEATHER HOERSCH 23i29 LOWER DORRE DON WA) MAPLE VA LLEY WA 98038 BRENDA J TRAVI S (ETAL) 1628 W YAKIMA ST PASCO WA 99301 SAMUEL P RABIDEAU 1632 W YAKIMA ST PASCO WA 99301 DALIA ISIDRO 504 N 15TH AVE PASCO WA 99301 MIGUEL SANDOVA L 1607 W SHOSHONE ST PASCO WA 99301 LINDA K ROSANE 1615 W SHOSHONE ST PASCO WA 99301 MITZI L VENG 1619 W SHOSHONE ST PASCO WA 99301 ELIZABETH RODRIGUEZ MORENO 1623 W SHOSHONE ST PASCO WA 99301 ANTHONY L SCHOUVILLER 30 13 W ELLA ST PASCO WA 99301 LUIS A SANCHEZ DIAZ 503 N 17TH AVE PASCO WA 99301 KHA L BUI (ETVIR-ETAL) 4515 MURIS LN PASCO WA 99301 SUSAN M CLINE PO BOX 5531 PASCO WA 99302 DAN E & GLENDA J WALSH 1712 W YAK IMA ST PASCO WA 99301 ARTURO & LUISA CHAVEZ 1703 W SHOSHONE ST PASCO WA 99301 KENNETH & LINDA TOWLE 1707 W SHOSHONE ST PASCO WA 99301 PATRICIO DIAZ 1711 W SHOSHONE ST PASCO WA 99301 SERGIO & CANDELARIA LEON 1715 W SHOSHONE ST PASCO WA 99301 CITY OF PASCO PO BOX 293 PASCO WA 99301 JOSE A CHAVALLO (ETU X) 5927 W QUINAULT AVE KENNEWICK WA 99336 GILBERTO ALCARAZ (ETUX) 1708 W SHOSHONE ST PASCO WA 99301 EUGENE A & JEANETTE M (TRUST) 1703 W HOPKINS ST PASCO WA 99301 ELI JOHNSTON 1707 W HOPKINS ST PASCO WA 99301 RAMIRO A & HILDA ROMERO MATA 1711 W HOPKINS ST PASCO WA 99301 ELIAS S NAVA (ETUX) 1715 W HOPKINS ST PASCO WA 99301 VIANE Y A AGUIRRE COSSIO (ETVIR 1719 W HOPKINS ST PASCO WA 99301 JAIME (ETAL ) ALCARAZ 1720 W SHOSHONE ST PASCO WA 99301 MIGUEL SANDOVAL (JR) 1704 W HOPKINS ST PASCO WA 99301 PEDRO D HERNANDEZ 1708 W HOPKINS ST PASCO WA 99301 CARLOS H & JOHANNA V SANCHEZ 1712 W HOPKINS ST PASCO WA 99301 EMERENCIANA O MENDEZ 1716 W HOPKINS ST PASCO WA 99301 EVANGELISTA PEREZ 1720 W HOPKINS ST PASCO WA 99301 PEDRO B LABRA 1703 W BONNEVI LLE ST PASCO WA 99301 KA THY ELDHARDT 1707 W BONNEVILLE ST PASCO WA 99301 RICHARD DANIEL ROWETT 1711 W BONNEVI LLE ST PASCO WA 99301 JOSE DE JESUS RODRIGUEZ MARTIN 1715 W BONNEVILLE ST PASCO WA 99301 FRANCISCO MOLINA ROBLES 314 W GLENCOE ST COMPTON CA 90220 JULIA TORRES 1504 W BONNEVILLE ST PASCO WA 99301 SEVERO(ETUX)DELGADO 3605 W OPAL PL PASCO WA 99301 SANTOS ECHEVERRIA 1516 W BONNEVILLE ST PASCO WA 99301 LUIS BECERRA 1520 W BONNEVILLE ST PASCO WA 99301 APOLONIO & NARDA MEJIA 1524 W BONNEVI LLE ST PASCO WA 99301 ADRIAN DE MARTINO MONES 1528 W BONNEVI LLE ST PASCO WA 99301 JOSE & JULIA GUTIERREZ 1532 W BONNEVILLE ST PASCO WA 99301 HERIBERTO CARRAZCO TORRES (ETU 1503 W CLARK ST PASCO WA 99301 HERMINIO & MARIA CHAVEZ 1507 W CLARK ST PASCO WA 99301 HUMBERTO ORTIZ 1511 WCLARKST PASCO WA 99301 FELIPE A SANDOVA L 7916 CHEHALIS DR PASCO WA 99301 ANGELICA & TOMAS VEJAR 1519 W CLARK ST PASCO WA 99301 JUAN & RAQUEL (ETAL ) CAMARGO 1523 W CLARK ST PASCO WA 99301 JUAN & LILIA PACHECO 1527 W CLARK ST PASCO WA 99301 TOMAS CABRERA MONTIEL (ETUX) 1531 W CLARK ST PASCO WA 99301 RICHARD C BAUMGARTNER 1604 W BONNEVILLE ST PASCO WA 99301 JUANITA F DE FRANCISCO 1608 W BONNEVILLE ST PASCO WA 99301 C RYSTAL TORRES 1612 W BONNEVILLE ST PASCO WA 99301 GONZALO & CONCEPCION SANCHEZ 1616 W BONNEVI LLE ST PASCO WA 99301 JAIME & GRACIELA GARCIA 1620 W BONNEVI LLE ST PASCO WA 99301 MOISES & LORENA COBIAN 1624 W BONNEVI LLE ST PASCO WA 99301 DANIELA BARBOZA 1628 W BONNEVILLE ST PASCO WA 99301 ROBERT NOONAN 1632 W BONNEVILLE ST PASCO WA 99301 WILKINSON ESTATES LLC 669 LYNCH LN Yakima Wa 98903 GEORGE LEE LE WANDOWSKI PO BO X 2127 PAS CO WA 99302 ALEJO GONZALEZ 1619 W CLARK ST PASCO WA 99301 GABRIEL V VERDUZCO 1623 W CLARK ST PAS CO WA 99301 JUANA ALVAREZ 1627 W CLARK ST PASCO WA 99301 ENRIQUE CERVANTES 1601 E 3RD AVE KENN EWICK WA 99337 KOHL YAN INVESTMENTS LL C 5426 N ROAD 68 STE D1 97 PASCO WA 99301 KAREN P TABOADA VALL E 1714 W BONNEVILLE ST PAS CO WA 99301 FRANCISCO & NOELIA MENDOZA 204 N 17TH AVE PASCO WA 99301 RHONDA M RAMBO 1715 W CLARK ST PASCO WA 99301 WI LKINSON ESTATE LLC 669 LYNCH LN Yakima Wa 98903 JACINTO C & GLORIA V GO 1324 W YAKIMA ST PASCO WA 99301 RUVINE JIMENEZ 1330 W YAKIMA ST PASCO WA 99301 DANIRA DOMINGUEZ GALVEZ 1315 W SHOSHONE ST PASCO WA 99301 MARIA D. MORALES 1319 W SHOSHONE ST UNIT 2 PAS CO WA 99301 DAVID & CECILIA D GARZA PO BOX 963 RICHLAND WA 99352 DAVID & CECILLA D GARZA PO BOX 963 RICHLAND WA 99352 SERGIO MARISCAL 1316 W SHOSHONE ST PASCO WA 99301 LEONARDO & MARIA CUEVAS 4212 ARTESIA DR PASCO WA 99301 JORGE & SOLEDAD PADILLA (SR) 1326 W SHOSHONE ST PAS CO WA 99301 VICTOR PIO (ETUX) SOTO 1332 W SHOSHONE ST PASCO WA 99301 FRANCISCO R ARREDONDO 6008 KLICKITAT LN PASCO WA 99301 JUAN & DEBORAH BERMUDEZ 31304 S 2054 PR SE KENNEWICK WA 99337 DANIEL SANCHEZ PO BOX 4603 PASCO WA 99301 CLAUDIA H LARA-ESTRADA PO BO X 5215 PASCO WA 99302 FRANKLIN COUNTY PUD #1 PO BOX 2407 PASCO WA 99302 CITY OF PASCO PO BOX 293 PASCO WA 99302 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 14026 535779 Print Legal Ad-IPL01661710 - IPL0166171 SP-2024 Memorial Park $179.02 1 62 L Debra BarhamAttention: CITY OF PASCO/LEGALS PO BOX 293 PASCO, WA 99301 accountspayable@pasco-wa.gov COUNTY OF BENTON) SS STATE OF WASHINGTON) Mary Castro, being duly sworn, deposes and says, I am the Legals Clerk of The Tri-City Herald, a daily newspaper. That said newspaper is a local newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publications hereinafter referred to, published continually as a daily newspaper in Benton County, Washington. That the attached is a true copy as it was printed in the regular and entire issue of the Tri- City Herald and not in a supplement thereof, ran 1 time (s) commencing on 03/27/2024, and ending on 03/27/2024 and that said newspaper was regularly distributed to its subscribers during all of this period. 1 insertion(s) published on: 03/27/24 (Signature of Legals Clerk) Sworn to and subscribed before me this 27th day of March in the year of 2024 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy!