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HomeMy WebLinkAboutSP 2025-008 Wrigley Drive Thrift Store decisionCITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, SP 2025-008 ) DECISION AND Wrigley Dr. Thrift Store ) CONDITIONS OF APPROVAL THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on July 9, 2025, the Hearing Examiner having taken evidence hereby submits the following Findings of Fact, Conclusions of Law, Decision and Conditions of Approval as follows: I. FINDINGS OF FACT 1. APPLICANT: Archibald & Company Architects, PS; 660 Symons St.; Richland, WA 99354 2. REQUEST: Special Permit: Goodwill donation -based retail thrift store, warehousing and donations site, employment center, and central Goodwill Corporate offices ftMI-IU101-1►iI�I 3.1. 4 April 2025 Application Submitted 3.2. 12 June 2025 Application Deemed Complete 3.3. 20 June 2025 Notice of Public Hearing for SP2025-008 scheduled for July 9, 2025, was posted on the City of Pasco website, published in the Tri-City Herald Newspaper, and mailed to properties within 300 feet of proposed rezone. 3.4. 02 July 2025 Public Hearing Staff Report Published 4. PROPERTY DESCRIPTION: 4.1. Abbreviated Legal: That parcel of land being a portion of Lot 1 of that certain 2004-06 Binding Site Plan... 4.2. General Location: The southeast corner of Road 76 and Wrigley Drive, 7511 Wrigley Dr. (Parcel #116150071). 4.3. Property Size: Approximately 4.96 acres (215,974.89 square feet) 5. ACCESS: The property has access from both Road 76 and Wrigley Dr. 6. UTILITIES: Water and sewer service are available from both Road 76 and Wrigley Drive, and water service is also available in an existing right-of-way easement along the south property line. 7. LAND USE AND ZONING: The property is zoned C-1 (Retail Business) and is currently vacant. Surrounding properties are zoned and developed as follows: 7.1. North: C-1 Retail Business 7.2. East: C-1 Retail Business 7.3. South: C-1 Retail Business 7.4. West: R-1 Low -Density Residential SP 2025-008 Wrigley Dr. Thrift Store Page 1 of 6 8. COMPREHENSIVE PLAN: The comprehensive plan land use designation for the property is "Commercial." Comprehensive plan land use density table [Pasco Municipal Code (PMC) 25.215.015] states that Commercial is to provide a "Neighborhood, community and regional shopping and specialty centers, business parks, service and office uses." 9. ENVII20NMENTAL DETERMINATION: A SEPA checklist was filed in 2020 for the project as part of the original special permit application. 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 for this project on March 10, 2020 (SEPA2020-010), under WAC 197-11-158. Required mitigations were: a Traffic Impact Analysis (TIA) and an Inadvertent Discovery Protocol (IDP). Both TIA and IDP have since been submitted and are included as part of the packet. 10. Request 10.1. Applicant proposes to operate a thrift store and employment/support services center, along with future corporate offices. 11. Site 11.1. Approximately 41,960 sq. ft. of the 116,553 sq. ft. site will be occupied by the retail store and employment/support services center. Connected to the retail store there is a loading dock with approximately 4 loading bays. Rest of the site consists of parking and landscaping. Off-street parking proposed meets the general retail and office building requirements as provided in the required off-street parking table located in PMC 25.185.170. In the future, there will be the construction of a Goodwill corporate office consisting of approximately 10,500 sq. ft. within the southeast corner of the property. 12. History 12.1. The site was added to the City of Pasco as part of an annexation completed in 1981 (Ord. #2388). The zoning for the property was designated as C-1-D Light Designated Shopping Center as part of said annexation (Res. #1396). In 1995 the zoning was changed to the current zoning of C-1 Retail Business (Ord. #3084). 12.2. In 2020, a special permit was filed for a Goodwill thrift store, warehousing and donations site, employment center, and central Goodwill Corporate offices, along with a SEPA checklist. The special permit was approved by the Hearing Examiner on June 1, 2020. However, condition of approval #17 for the special permit required building permits to be obtained within one year of special permit approval or said special permit will be null and void. Building permits were not filed within the year timeframe and hence the special permit expired. 12.3. In January 2025, a building permit was submitted and flagged due to the expired special permit. On April 14, 2025, a new special permit application was submitted and was deemed complete on June 12, 2025. Staff as part of the review process, deemed the approved MDNS as applicable due to the minimal changes between what was submitted in 2020 and what has been submitted for this application. 13. Land Use Regulations 13.1. Per PMC 25.165.170(1) thrift shops may operate upon issuance of a special permit within the C-1 Retail Business District. Additionally PMC 25.165.170(3) requires "all business activities of thrift shops in the C-1 (retail business district) ...shall be conducted entirely within an enclosed structure." SP 2025-008 Wrigley Dr. Thrift Store Page 2 of 6 13.2. Per PMC 25.195.020(6) the Hearing Examiner has the authority to make decisions on Land Use Decisions described in PMC 2.50.080, such as special permits. 14. Code Requirements 14.1. According to PMC 25.165.170(1), Thrift shops ... may operate in the C-1 (retail business district ... upon issuance of a special permit, as per the requirements found in Chapter 25.200 PMC; however, no new thrift shop may locate closer than 1,000 feet from an existing consignment store, thrift store, or pawn shop." 14.2. As per Pasco Municipal Code (PMC) 25.15.220, "Thrift shop" means a retail establishment having any portion of its stock -in -trade in secondhand personal property ... which has been donated by the public, and at least 80 percent of its total floor space devoted to retail sales." Goodwill intends to build and operate a donation -based retail thrift shop, warehousing and donations site. As such, they would qualify as a "thrift Shop" as defined in the PMC. 14.3. PMC 25.165.170(3) specifies that "All business activities of thrift shops in the C-1 (retail business district), C-2 (central business district), and C-3 (general business district) zones shall be conducted entirely within an enclosed structure. However, there are business aspects of a thrift shop, such as, donation drop-offs that often take place outside and could constitute conducting business outdoors. That aspect of the code is in reference to the tendency for people to conduct "midnight drop-offs" resulting in the drop-off area to be a visual blight and nuisance. 14.4. Nonetheless, the design of the loading dock/donation drop-off area will help to mitigate said impacts by having 8ft. screening walls located to the north and east as required by PMC 25.175. 1 00(l). Also, the I-182 Corridor Overlay requires "All equipment, material or goods not housed or stored within the primary structure shall be within a 100 percent sight -obscuring fence, wall or structure [PMC 25.130.090(1)]. In addition, there will be features such as lighting and security cameras, along with signs warning against after -hour donations and that the facility is monitored by surveillance cameras to enhance security [ per PMC 25.175.100(5)]. 15. FINDINGS OF FACT 15.1. Special Permit Application (SP 2025-008) for Goodwill retail thrift store site was submitted on April 14, 2025. 15.2. The Application was determined to be complete on June 12, 2025. 15.3. Notice of the public hearing was mailed to property owners within 300 feet of the subject property and published in the Tri-City Herald newspaper on June 20, 2025. 15.4. Applicant proposes to construct a Goodwill donation -based retail thrift store, warehousing and donations site, employment center, and future central Goodwill Corporate offices. 15.5. Approximately 41,960 sq. ft. of the 116,553 square -foot site will be covered by the retail store and employment/support services center. 15.6. Connected to retail store is loading dock with approximately 4 loading bays, along with a donation drop-off area. Loading bays and donation drop-off area are shielded from view by 8ft. screening wall along the north and east. 15.7. Proposed off-street parking meets general retail and office requirements as provided in the table located in PMC 25.185.170. 15.8. In the future there will be construction of a Goodwill corporate office comprising of approximately 10,500 sq. ft. SP 2025-008 Wrigley Dr. Thrift Store Page 3 of 6 15.9. The subject property was added to the City of Pasco as part of an annexation back in 1981 (Ord. #2388). 15.10. The site was assigned the C-1-D Light Designated zoning designation in 1981 when it was annexed (Res. #1396). 15.11. Zoning on the site was changed from C-1-D to the C-1 zoning in 1995 (Ord. #3084). 15.12. Per PMC 25.165.170(1) thrift shops may operate upon issuance of a special permit within the C-1 Retail Business District. Additionally, PMC 25.165.170(3) requires "all business activities of thrift shops in the C-1 (retail business district) ...shall be conducted entirely within an enclosed structure." 15.13. Per PMC 25.195.020(6) the Hearing Examiner has the authority to make decisions on Land Use Decisions described in PMC 2.50.080, such as special permits. 15.14. Special permit was originally filed and approved on June 1, 2020. However, there was a condition of approval (# 17) that required building permits to be filed within a year of special permit approval. This condition was not achieved, and the special permit expired. When the applicant submitted for a building permit, it then triggered the need for a new special permit. 15.15. A Mitigated Determination of Non -Significance (MDNS) for the project was issued on March 10, 2020. With mitigation requirements for a Traffic Impact Analysis (TIA) and Inadvertent Discovery Protocol (IDP) to be completed. Those requirements have since been completed. The MDNS is still applicable due to the minimal changes between the original submission in 2020 and this application. 16. CONCLUSIONS BASED ON FINDINGS OF FACT 16.1. 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: 16.2. (1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; 16.2.1. Economic Development Goal 1: Maintain economic development as an important and ongoing city initiative. 16.2.1.1. Policy ]-A: Promote an environment which supports the development and expansion of business opportunities. 16.2.1.2. Constructing both a retail thrift store and employment/support services center will work to support development and expansion of business opportunities. Thrift store will provide additional commercial activity to the area. Employment/support services center will help employees with training and resources, with employers gaining a bigger workforce pool to drawn from in building their businesses. 16.2.2. Economic Development Goal 2: Assure appropriate location and design of commercial and industrial facilities. 16.2.2.1. Policy 2-B: Encourage development of a wide range ofcommercial 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. SP 2025-008 Wrigley Dr. Thrift Store Page 4 of 6 16.2.2.2. Proposed site of Goodwill retail thrift store/employment/support services center is located approximately .12 miles from Road 68, which is a minor arterial road. Road 68 also has Ben Franklin Transit routes servicing that road. 16.3. (2) The proposal will not adversely affect public infrastructure; 16.3.1. A TIA was completed as part of the requirements for the project and transportation impact fees have been assessed. Road 76 will need to be developed by the applicant to City standards. Proposal will generate little demand for public utilities such as water and sewer. 16.4. (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; 16.4.1. Proposed commercial use is similar to the properties surrounding the site to the north, south, and east. Building design would be required to meet Pasco Municipal Code, including the I-182 Corridor Overlay requirements. 16.5. (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, 16.5.1. The C-1 zoning district allows for building heights of up to 35 feet. The maximum height of the structure is just below 35 feet. 16.6. (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; 16.6.1. The operations of a retail thrift store/employment/support services center will not likely 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. 16.7. (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. 16.7.1. 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. 17. An open record public hearing was held, after legal notice, on July 9, 2025. 18. Appearing and testifying on behalf of the Applicant was Jeffrey Maddison of 815 N Kellog Street, Suite A, Kellog, Washington. Mr. Maddison testified that he was an agent authorized to appear and speak on behalf of the property owner and Applicant. Mr. Maddison stated that he had reviewed the Staff Report, and agreed with the representations set forth therein and the proposed Conditions of Approval. 19. No member of the public testified at the hearing. 20. The following exhibits were admitted into the record: 20.1. Ex. A Staff Report; 20.2. Ex. B Remainder of Planning Staff File. 21. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. SP 2025-008 Wrigley Dr. Thrift Store Page 5 of 6 22. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II. 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. III. DECISION Based on the above Findings of Fact and Conclusions of Law, SP 2025-008 is hereby APPROVED subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL 1. The special permit shall apply to Parcel #116150071, and any subsequent subdivision(s) thereof. 2. The site plan shall be developed in substantial conformity to the site plan and building plans submitted. The ADA ramp crossing the driveway on Wrigley Drive shall meet current City of Pasco/ADA requirements. If the receiving ramp on the east side does not match, it shall be retrofitted as part of the project. 4. The ADA ramp at the corner of Road 76 and Wrigley must be retrofit to meet current City of Pasco/ADA requirements. 5. Road 76 shall be developed to City standards by the applicant. 6. Separated sidewalk consistent with surrounded development will be required on Road 76. 7. Signage warning against after hour deposits shall be posted on the main building and in the donation area. 8. A warning sign indicating the donation area is monitored by surveillance cameras shall be posted. 9. Surveillance cameras shall be installed to deter theft and illegal dumping. 10. No outside storage of equipment or materials shall be allowed. 11. Applicant shall adhere to all Federal, State and City building, fire, and safety codes. Dated this `Z day of July, 2025 CITY OF PASCO HEARING EXAMINER, PRO TEM PF� J Y D. E ESTONE 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). SP 2025-008 Wrigley Dr. Thrift Store Page 6 of 6