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HomeMy WebLinkAbout09-11-2024 HE PacketAGENDA HEARING EXAMINER MEETING City Hall – 525 North Third Avenue Council Chambers WEDNESDAY, SEPTEMBER 11, 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 • SP2024-012 Vertical Bridge Tower • SP2024-013 St. Thomas Drive Mini Storage III. ADJOURNMENT REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, 11 September 2024 6:00 PM 1 MASTER FILE #: SP 2024-012 APPLICANT: Jessica Pierce, for Vertical Bridge Towers 7525 SE 24th Street Suite 100 Mercer Island, WA 98040 REQUEST: Special Permit: Construction of a 150’ tall freestanding wireless communication facility on residentially zoned land. Timeline: 25 July 2024 Application Submitted 26 July 2024 Application Deemed Complete 28 August 2024 Application Noticed for Public Hearing 4 September 2024 Public Hearing Staff Report Published BACKGROUND 1) PROPERTY DESCRIPTION: Abbreviated Legal: SHORT PLAT 2020-31 PARCEL B General Location: Parcel # 114-330-031, Pasco, WA 99301 Property Size: 158.19 Acres 2) ACCESS: The site’s primary access is from Clark Road, a dirt road to the north. However, dirt roads spanning different private properties extend from Deseret Drive to the west and Burns Road to the south. 3) UTILITIES: Municipal water and sewer are not available to the site, the nearest services are located in Burns Road to the south. 4) LAND USE AND ZONING: The property is zoned R-1 (Low Density Residential) and is currently undeveloped. Surrounding properties are zoned and developed as follows: North: AP-20 Agricultural Production/Undeveloped Farmland East: AP-20 Agricultural Production/Undeveloped Farmland South: R-1 Low Density Residential/Undeveloped Farmland West: R-1 Low Density Residential/Undeveloped Farmland 5) COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as “Low Density Residential”. The Low Density Residential designation allows for the RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning districts and may be developed with a variety of housing at a density of three (3) to six (6) dwelling units per acre. It should be noted that while the underlying land use is a residential the proposed construction 2 of a wireless communication facility may be allowed in any zoning district via Special Permit. 6) ENVIRONMENTAL DETERMINATION: The City of Pasco (City) is the SEPA 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 on August 26th, 2024, for this project under WAC 197-11-355. 7) EXHIBITS: 1) Special Permit Application – Applicant Submittal 2) Compliance Narrative – Applicant Submittal 3) FAA Filing – Applicant Submittal 4) FCC License – Applicant Submittal 5) Justification Letter – Applicant Submittal 6) Lease Agreement – Applicant Submittal 7) Site Plan and Elevations – Applicant Submittal 8) Overview Map – City of Pasco 9) Vicinity Map – City of Pasco 10) Land Use Map – City of Pasco 11) Zoning Map – City of Pasco 12) Comprehensive Plan Map – City of Pasco 13) Site Photos – City of Pasco 14) Public Comment Packet – City of Pasco 15) SEPA Determination – City of Pasco 16) Affidavit of Mailing – City of Pasco BACKGROUND Request Applicant proposes to construct a 150’ tall monopole (Wireless Communication Facility) for the purposes of collocating Verizon Wireless and in the future, up to three additional carriers within a 60’ by 60’ square fenced compound. The proposal involves the construction of the monopole and installation of structures and equipment related to the operation of the facility. All structures are within the 60’ by 60’ compound within the lease area. Site The site has historically been used for agricultural purposes as indicated by the crop circle that currently exists at the location. The specific location that the compound will be located is within the southwestern “triangle” of land that is not utilized for farming purposes. While multiple dirt roads extend to the site from roadways, the site access will be from Clark Road to the north. History The site was annexed into the City of Pasco in 2022 under Ordinance 4574 and subsequently assigned the R- 1 Low Density Residential zoning under Ordinance 4584. The site has historically been used for agricultural purposes including the production and farming of produce. STAFF FINDINGS OF FACT 3 1) An application for the proposal was submitted on July 25, 2024. The application was deemed complete on July 26, 2024. 2) Notice of the public hearing was sent to property owners within 300 feet of the subject property and published in the Tri-City Herald newspaper on August 28, 2024. 3) The proposed site is the southwest corner of Parcel 114-330-031 in Pasco, WA. 4) The site is zoned R-1 Low Density Residential. 5) The site is currently utilized for agricultural purposes and contains a crop circle, the proposed facilities would be located in the southwestern corner of the parcel located outside of the crop circle lands. 6) The surrounding lands carry either Low Density Residential or Agricultural zoning designations and are utilized for agricultural purposes. 7) Per PMC 25.165.080(a): Wireless facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, strategic location, color, stealth technologies, and/or other measures to achieve minimum visibility of the facility when viewed from public rights-of-way and adjoining properties, such that a casual observer cannot identify the wireless communication facility. 8) Per Pasco Municipal Code (PMC) 25.165.080 related to “Wireless communication facilities” may be permitted in all zoning districts via Special Permit and shall be located in the City in the order provided in PMC 25.165.080(3)(b): i. Attached to or located on buildings or structures higher than 35 feet; ii. Located on or with(in) a publicly owned facility; iii. Located on a other than those listed in subsections (3)(a) or (3)(b) of this section. 9) The applicant has chosen a location that fits PMC 25.165.080(3)(b)(iii) and has submitted a justification for the location in accordance with PMC 25.165.080(3)(c): c) If an applicant chooses to construct a new freestanding wireless communication facility, the burden of proof shall be on the applicant to show that a wireless communication facility located on a higher order of preference site cannot reasonably be accommodated. The City reserves the right to retain a qualified consultant, at the applicant’s expense, to review the supporting documentation for accuracy. 10) The applicant has obtained and submitted copies of their FAA Filing and FCC License for the tower. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT As per 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 “Low Density Residential.” The Low Density Residential land use designation allows for the RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning districts and may be developed with a variety of housing at a density of 3 to 6 dwelling units per acre. It should be noted that while the sites underlying Future Land Use designation is Low Density Residential the proposed use may be permitted in any zoning district through a Special Permit provided the applicant meets the requirements of PMC 25.165.080 relating to wireless communication facilities. While The Comprehensive Plan does not speak specifically to the use of lands for wireless communication facilities the Plan guides the City in developing and implementing the PMC. The project is required to adhere to all sections and codes contained within the PMC which has specific siting, screening, etc. requirements that the proposal has met and/or will need to meet. Further, the Capital Facilities Policy CF-8-D states “Adopt mitigating measures during the special permit review process to address potential compatibility issues with surrounding uses”. It is believed that the code in combination with mitigations contained in this staff report that the project can be in accordance with the Comprehensive Plan. 4 (2) The proposal will adversely affect public infrastructure; The public road access to the site, Clark Road, is a paved but the compound itself is located approximately 2,500’ to the south of the road. Outside of actual construction operations, regular traffic to the compound is not expected. Utilities are not readily available to the site, however, it is not anticipated that the site will utilize City utilities for its operations. The proposed use will not increase the need for infrastructure improvements and is unlikely to adversely impact the existing infrastructure. (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 primarily used for agricultural purposes, with the nearest residential property being approximately 800’ to the southwest. The proposed structure would be one of the tallest structures within the vicinity, similarly tall structures include Pasco’s water towers, approximately 1.25 miles from the site. The operations of the proposed use should be minimal and not impactful to the surrounding properties. (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; The proposed structure height is considerably taller than the 35’ maximum structure height of the R-1 zoning designation. Considering the unique aspects of the proposal staff is unable to conclude whether or not the proposed structure would discourage development of permitted uses on properties within the general area. (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 proposed communication facility may have flashing lights at the top of the monopole which would be visible from great distances in the evenings and nights. Otherwise, the proposal does not seem to be more objectionable by reason of noise, fumes, vibrations, dust, or traffic compared to other uses permitted within the R-1 zoning designation. (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 is required to adhere to PMC including provisions such as the outdoor lighting and noise ordinances. If there were to be violations to these codes then code cases and remediating steps will be issued and undertaken. Additionally, the use will be subject to periodic reviews for compliance with conditions imposed under the special permit, PMC, and code violation history at which point the special permit for the use may be revoked. APPROVAL CONDITIONS 1) The special permit shall apply to Parcel # 114-330-031, and any subsequent subdivision(s) thereof. 2) The property shall be developed in substantial conformity with the elevations and site plan submitted with the application except as conditioned herein. 3) The cellular antennae shall not exceed 150 feet in height as measured from grade. 4) The entire cellular antennae tower shall be treated with to conform with PMC 25.165.080(3)(a). 5) The chain-link fence with barbed wire indicated on the site plan included within the September 11, 2024 Hearing Packet shall be modified to a solid screen and shall not include any barbed or razor wire. 6) The proposed gravel access drive indicated on the site plan included within the September 11, 2024 Hearing Packet shall be modified to be paved with a hard surface. 7) The proposed facility shall comply with all FCC regulations regarding radio frequency emissions. 5 8) An airspace study by the FAA is currently underway, this study must be completed and the facility must comply with the results of the study prior to any permits being issued related to the proposal. RECOMMENDATION Staff recommends approval of a Special Permit for the construction of a new wireless communication facility located on Parcel # 114-330-301 with conditions as herein proposed. REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, 11 September 2024 6:00 PM 1 MASTER FILE #: SP 2024-013 APPLICANT: Shane O’Neill, Clover Planning & Zoning LLC 6904 Rogue Drive Pasco, WA 99301 REQUEST: Special Permit: Construction of a mini-storage facility, retail center, and a residential unit. Timeline: 9 August 2024 Application Submitted 13 August 2024 Application Deemed Complete 28 August 2024 Application Noticed for Public Hearing 4 September 2024 Public Hearing Staff Report Published BACKGROUND 1) PROPERTY DESCRIPTION: Abbreviated Legal: Parcel 115-480-096: BINDING SITE PLAN 2022-01 LOT 1 Parcel 115-480-097: BINDING SITE PLAN 2022-01 LOT 2 Parcel 115-480-098: BINDING SITE PLAN 2022-01 LOT 3 General Location: Parcel #’s 115-480-096, 115-480-097, and 115-480-098 on the northern side of St Thomas Drive in Pasco, WA 99301 Property Size: Parcel 115-480-096: 1.07 Acres Parcel 115-480-097: 1.07 Acres Parcel 115-480-098: 1.07 Acres 2) ACCESS: The site has access from St Thomas Drive to the south. 3) UTILITIES: Municipal water and sewer are available in St Thomas Drive. 4) LAND USE AND ZONING: The property is zoned C-R (Regional Commercial) and is currently undeveloped. Surrounding properties are zoned and developed as follows: North: Intestate 182 East: C-R Regional Commercial/Car Dealership (under construction) South: C-1 Retail Business/Tri-Cities Prep Catholic School West: C-R Regional Commercial/Undeveloped 2 5) COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as “Office”. The subject site is indicated within Pasco’s Future Land Use Map as being a part of the Broadmoor Planning Area that was not modified under Ordinance 4659AA relating to the adoption of the Broadmoor Master Plan. This land use designation and location within the Planning Area allows for professional office and personal services, resource centers and is designated for O-Office zoning. 6) ENVIRONMENTAL DETERMINATION: The City of Pasco (City) is the SEPA 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 on September 4th, 2024, for this project under WAC 197-11-355. 7) EXHIBITS: 1) Special Permit Application – Applicant Submittal 2) Narrative – Applicant Submittal 3) Site Plan – Applicant Submittal 4) Applicant Maps – Applicant Submittal 5) NRCS Soil Map – Applicant Submittal 6) Overview Map – City of Pasco 7) Vicinity Map – City of Pasco 8) Land Use Map – City of Pasco 9) Zoning Map – City of Pasco 10) Comprehensive Plan Map – City of Pasco 11) Site Photos – City of Pasco 12) Determination of Completeness – City of Pasco 13) SEPA Determination – City of Pasco 14) Affidavit of Mailing – City of Pasco 15) Affidavit of Publishing – City of Pasco BACKGROUND Request Applicant proposes to construct approximately 49 mini storage units and a retail building approximately 7,500 sq. ft. in size, the retail building would also contain a residential unit above one of the tenant spaces. Site The site is largely undeveloped and is adjacent to Washington State Department of Transportation (WSDOT) Right-of-Way (ROW). The site contains native vegetation that has recently been burned, improvements adjacent to the site include curb, sidewalk is not present on the St Thomas Drive frontage. History The site was annexed into the City of Pasco in 1981 under Ordinance 2388 and assigned the RMH-2 (Mobile Home Park, retired zoning) zoning under Resolution 1396. The site was further rezoned from RMH-2 to a split of C-1 (Retail Business) and BP (Business Park) in 1994 under Ordinance 3002. The site was subsequently rezoned to CR (Regional Commercial) under Ordinance 3381 and remained CR since. STAFF FINDINGS OF FACT 3 1) An application for the proposal was submitted on August 9, 2024. The application was deemed complete on August 13, 2024. 2) Notice of the public hearing was sent to property owners within 300 feet of the subject property and published in the Tri-City Herald newspaper on August 28, 2024. 3) The proposed site located on Parcel #’s 115-480-096, 115-480-097, and 115-480-098 on the north side of St Thomas Drive in Pasco, WA. 4) The site is zoned CR Regional Commercial. 5) The site is currently undeveloped and contains native vegetation, some of which has recently been burned. 6) The site is bounded by other commercial zonings and Interstate 182, while the C-1 zoned parcel to the south is a commercial designation the site is utilized with a private school. 7) Mini storage facilities and residential units are Conditional Uses and require a Special Permit for their use in the CR zoning district. 8) Residential units may be permitted via Special Permit in Commercial zoning provided the units are within the principal building, are all above the ground floor of the building, and the ground floor of said building is designed and intended to be used for a use permitted in PMC 25.85.010. 9) The proposed residential unit would be located within the principal building, would be located above the ground floor of the building, and the ground floor should be required to be a use permitted in PMC 25.85.010. 10) The site is located within the I-182 Corridor Overlay, as described in PMC 25.130.020 and would be required to develop in accordance with the applicable design standards. 11) The Special Permit application is specifically for the mini storage units and residential unit, the retail facility tenant spaces are permitted uses within the zoning code. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT As per 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 “Office.” The subject site is indicated within Pasco’s Future Land Use Map as being a part of the Broadmoor Planning Area that was not modified under Ordinance 4659AA relating to the adoption of the Broadmoor Master Plan. This land use designation and location within the Planning Area allows for professional office and personal services, resource centers and is designated for the O-Office zoning designation. • Land Use Policy LU-6-C: Ensure attractive hubs for activity by maintaining and applying design standards and guidelines that will enhance the built environment of each community. The proposed facility would include a variety of uses, including retail, adjacent to a school and office/auto related uses. The facilities would also be required to adhere to the I-182 Corridor Overlay design standards to ensure the creation of aesthetically attractive buildings and commercial development. • Economic Development Policy ED-2-B: Encourage development of a wide range of commercial and industrial uses strategically located near major transportation corridors or facilities and in close proximity to existing or proposed utility infrastructure while supporting local and regional needs. The proposed facility would offer a variety of different commercial uses in addition to the mini storage. The facility would also be located near Road 100, a principal arterial, and approximately 0.4 miles (drive length) from the I-182/Road 100 interchange. Water and Sewer infrastructure is already present adjacent to the site. 4 (2) The proposal will adversely affect public infrastructure; The proposed facility would construct sidewalk on an area of land that has historically been missing safe walking space. Further, the proposal is required to provide a Traffic Statement for City review and consideration of impacts to the surrounding area, the mini storage use is not anticipated to generate significant traffic based on data from the 11th Edition of the Institute of Transportation Engineers (ITE) Manual. Municipal services are already present and accessible to the site within St Thomas Drive. (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 primarily utilized as office, banking, and auto related uses. A private school is present to the south within C-1 Retail Business zoning. The storage facilities are proposed to the rear of the site, adjacent to I-182, and will be required to develop to the design standards of the I-182 Corridor Overlay District to provide aesthetically attractive buildings and commercial development. It is not anticipated that the facility would be in conflict with the existing or intended character of the general vicinity. (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; No structure on-site, including the retail facility, will exceed 30’ in height will be up to two stories tall. The maximum height of permitted structures within the CR Zoning District is 45’. Uses in the general facility are of similar height and it is not anticipated that the structures or site design will be in conflict with existing or future development of the area. (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 proposed mini storage facility is not anticipated to generate significant traffic to the site, and is likely to not generate noise, fumes, vibrations, dust, or flashing lights beyond the construction period. Uses typically permitted within the CR zoning district are primarily automobile related. It is not anticipated that the proposal would be more objectionable to nearby properties than the operation of the uses permitted within the CR zoning district. (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 is required to adhere to PMC including provisions such as the outdoor lighting and noise ordinances. If there were to be violations to these codes then code cases and remediating steps will be issued and undertaken. Additionally, the use will be subject to periodic reviews for compliance with conditions imposed under the special permit, PMC, and code violation history at which point the special permit for the use may be revoked. APPROVAL CONDITIONS 1) The special permit shall apply to Parcel #’s 115-480-096, 115-480-097, and 115-480-098, and any subsequent subdivision(s) and consolidation(s) thereof. 2) The facility shall be developed in substantial conformity with the elevations and site plan submitted with the application except as conditioned herein. 3) All security lighting shall be shielded and designed to prevent the encroachment of light onto adjacent properties and highway. 4) At the time of construction the applicant shall adhere to all Federal, State, and City building, fire, and life safety codes. 5 5) The Special Permit shall be null and void if the required improvements are not completed within two years of approval of this Special Permit. RECOMMENDATION Staff recommends approval of a Special Permit for the construction of a new mini storage facility and one (1) residential unit located on Parcel #’s 115-480-096, 115-480-097, and 115-480-098 with conditions as herein proposed.