HomeMy WebLinkAboutSP 2024-018 Advanced Learning Institute decision (DENIED)CITY OF PASCO
LAND USE HEARING EXAMINER
FINDINGS OF FACT,
IN THE MATTER OF ) CONCLUSIONS OF LAW, AND
} DECISION
SP 2024-018 )
Advanced Learning Institute, LLC }
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on March 12,
2025, the Hearing Examiner having taken evidence hereby submits the following Findings of Fact,
Conclusions of Law, and Decision as follows:
I. FINDINGS OF FACT
1. The applicant is Advanced Learning Institute, LLC; C/O Marisa Valdez•, 6033 W 30'h Ave; Kennewick,
WA 99338.
2. The applicant is requesting to convert 5 rooms in an existing church building to a Daycare
Center/Nursery School.
3. TIMELINE
3.1. December 27, 2024 Special Permit Application, SP2024-018 submitted
3.2. February 6, 2025 Application Deemed Complete
3.3. February 20, 2025 NOPH mailed to owners of properties within 300 feet of subject property
and emailed to Parties of Record
3.4. February 23, 2025 NOPH published in Tri-City Herald Newspaper
4. PROPERTY DESCRIPTION:
4.1. Legal: BINDING SITE PLAN 2011-05 LOT 5
4.2. General Location: 3315 W Court St, Pasco, WA 99301 (Parcel #119271020).
4.3. Property Size: 4.55 acres (198,286 square feet).
5. ACCESS: The site has access from West Court Street.
6. UTILITIES: The site is served by sewer and water services located in West Agate Street.
7. LAND USE AND ZONING: The property is zoned C-R (Regional Commercial District) and is
currently developed with a commercial building occupied by Cornerstone Church Tri-Cities and retail
tenants. Surrounding properties are zoned and developed as follows:
7.1. North: R-S-12; Single-Family/Duplexes
7.2. East: C-R/C-1/R-2; Vacant land/Retail Business/Single-Family
7.3. South: C-3; Cannabis retail facility/Mini-storage facility
7.4. West: C-R/C-1; Retail Business
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8. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Commercial. This
designation supports a variety of uses, including Office, Business Park, Retail Business, Central
Business, General Business, and Regional Commercial, which may accommodate neighborhood,
community, and regional shopping centers, business parks, service providers, and office uses. It is
important to note that Daycare Centers and Nursery Schools are considered unclassified uses under
PMC 25.200.020(4) and may be permitted in any zoning district where they are not explicitly
prohibited.
9. ENVIRONMENTAL DETERMINATION: The City of Pasco has determined this proposal to be
exempt under Washington Administrative Code 197-11-800 (6) Land use decisions. (b) Other land use
decisions not qualified for exemption under subsection (a) (such as a home occupation or change of
use) are exempt provided: (i) The authorized activities will be conducted within an existing building or
facility qualifying for exemption under WAC 197-11-800 (1) and (2); and (ii) The activities will not
change the character of the building or facility in a way that would remove it from an exempt class. (2)
Other minor new construction. (f) Additions or modifications to or replacement of any building or
facility exempted by subsections (1) and (2) of this section when such addition, modification or
replacement would not change the character of the building or facility in a way that would remove it
from an exempt class.
10. The applicant proposes to convert five rooms within an existing church building into a daycare center
and preschool at 3315 W Court St (Parcel #119271020) in Pasco, WA.
11. The site is currently utilized as a church with retail business district tenants. Under this proposal, five
rooms within the church will be converted into a daycare center and preschool.
12. The site was annexed into the City of Pasco in 1979 through Ordinance No. 2066 and was initially
zoned C-1 through that same Ordinance. In 2003, the zoning classification was changed from C-1 to
C-R through an approved rezone (Ordinance no. 3620), which remains in effect today. A special permit
for the church use was granted in 2013 under Resolution No. 3473.
13. The applicant proposes to utilize five rooms within an existing church building for a daycare center and
preschool within the C-R zoning district.
14. According to PMC 25.200.010 Unclassified uses may be permitted within any district where not
otherwise prohibited.
15. Per PMC 25.200.020 Unclassified uses (4) Community service facilities, levels one and two, as defined
in PMC 25.15.050.
16. As defined in PMC 25.15.050 "Community service facilities" of the level one category include, but are
not limited to, day-care centers, nursery schools, hospitals, sanitariums, nonprofit community health
clinics, governmental and quasi -governmental activities, and related uses which provide similar
services for citizens; except any such use which limits the activity solely to organizational or
administrative office functions, whereby the actual community service is provided elsewhere, shall be
excluded from this definition.
17. Per PMC 25.10.025 Cannabis retail facilities (2) a cannabis retail facility may not be located within
1,000 feet of the perimeter of the grounds of any of the following entities/uses: (d) childcare center.
18. On March 19, 2024, an interior tenant improvement project was completed under Building Permit
#B23-2658, approving a change of use to a cannabis retail facility at 3221 W Court St.
19. Per WAC 314-55-010 (36) "Perimeter" means a property line that encloses an area.
20. The cannabis rental facility lawfully existed prior to this daycare application being submitted
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21. The property lines between 3315 W Court St and 3221 W Court St are separated by approximately 24
feet.
22. The rezone from 2003 (Ordinance no. 3620) was approved with a concomitant zoning agreement
however the proposed use was not listed as prohibited.
23. The structure was built in 1980.
24. CODE CRITERIA FINDINGS:
24.1. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative
text of the Comprehensive Plan;
24.1.1. The Comprehensive Plan designates this site as Commercial. This designation supports a
variety of uses, including Office, Business Park, Retail Business, Central Business, General
Business, and Regional Commercial, which may accommodate neighborhood, community,
and regional shopping centers, business parks, service providers, and office uses.
24.1.2. It is important to note that Daycare Centers and Nursery Schools are considered
unclassified uses under PMC 25.200.020(4) and may be permitted in any zoning district
where they are not explicitly prohibited. However, per PMC 25.10.025, approving the
proposed use would create a nonconformity due to the presence of a lawfully established
cannabis retail facility within 1,000 feet.
24.1.3. Goals and Policies ED-1. Goal: MAINTAIN ECONOMIC DEVELOPMENT AS AN
IMPORTANT AND ONGOING CITY INITIATIVE.
24.1.3.1. ED-1-A Policy: Promote an environment which supports the development and
expansion of business opportunities.
24.2. The proposal will adversely affect public infrastructure;
24.2.1. 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 proposed use will not increase the need for infrastructure
improvements and is unlikely to adversely impact the existing infrastructure.
24.3. The proposal will be constructed, maintained and operated to be in harmony with the
existing or intended character of the general vicinity;
24.3.1. The surrounding area consists of a mix of residential and commercial uses. Converting five
rooms within an existing church building into a daycare center and preschool will align with
the established character of the vicinity. The proposed use is anticipated to be compatible with
and function harmoniously within the existing neighborhood.
24.4. 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;
24.4.1. The proposed use will be located within an existing building and tenant space that has
historically functioned as a church. Converting the space into a daycare center and preschool
is unlikely to impede the development of other permitted uses in the area or adversely affect
nearby property values, assuming the cannabis retail facility were not present.
24.5. 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;
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24.5.1.1. Operations associated with the proposed daycare center may result in increased
noise and a slight uptick in traffic compared to the church's current use. However, the
district's permitted uses generally produce higher levels of noise and traffic.
Considering that a special permit was previously granted for the church, the proposed
daycare is not expected to be more disruptive to nearby properties than other allowed
uses in the district, assuming the cannabis retail facility were not present.
24.6. 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.
24.6.1. The proposal is unlikely to pose a risk to public health or safety due to the state and local
childcare regulations in place. In fact, it will be safeguarded with mitigating measures to
ensure compliance and protect the well-being of employees and children, assuming the
cannabis retail facility were not present. However its location next to a lawful cannabis retail
facility may have a negative effect on the children attending the daycare.
25. An open record public hearing was held, after legal notice, on March 12, 2025.
26. Appearing and testifying on behalf of the Applicant was Isaac Jones. Mr. Jones testified that he was an
agent authorized to appear and speak on behalf of the Applicant and that he is the co-owner of the
children's center. He recognized that a local jurisdiction can reduce the distance between a cannabis
retail store and a daycare and asked that the Hearing Examiner do so. The Hearing Examiner advised
Mr. Jones that the Hearing Examiner does not have the authority to unilaterally change the Pasco
Municipal Code and that he would have to go through procedures set by the City of Pasco to change
City Code provisions.
27. No member of the public testified at the hearing.
28. The following exhibits were admitted into the record:
28.1. Ex. 1 Staff Report;
28.2. Ex. 2 Remainder of Staff File.
29. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
30. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference-
H. CONCLUSIONS OF LAW
1. The Hearing Examiner has been granted the authority to render this decision.
2. This project is not 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.
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III. DECISION
Based on the above Findings of Fact and Conclusions of Law, SP 2024-018 is hereby DENIED
Dated this day of March, 2025
CITY OF PASCO HEARING EXAMINER
Andrew 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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Advanced Learning Institute
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