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
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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
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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
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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.
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(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.
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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
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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
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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
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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.
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(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.
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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.