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HomeMy WebLinkAboutHE Determinaion SP 2024-005 Sundance Residential CareCITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, SP 2024-005 ) DECISION AND Sundance Residential Care ) CONDITIONS OF APPROVAL THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on August 14, 2024, 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 proposes to construct an approx. 9,000 sq. ft. single -story Enhanced Service Facility (ESF) equipped with 16 live-in resident beds as defined by WAC 388-107. Project will also include amenities such as a residential style kitchen, and several gathering areas for activities. Exterior improvements to include hard scape (parking lot, sidewalks), landscaping and stormwater retention. Due to the residential nature of the area the structure will have a residential appearance including asphalt shingled roofing with a combination of lap siding and board/baton siding to match existing development patterns. The facility would have 12 — 18 staff members spread among 3 — 4 shifts. 2. Per WAC 388-107-0010 relating to the scope and purpose of an ESF facility: "An enhanced services facility will provide treatment and services to a maximum of sixteen residents for whom acute inpatient treatment is not medically necessary and who have been determined by the department (Department of Social and Health Services) to be inappropriate for placement in other licensed facilities due to the complex needs that result in behavioral and security issues". 3. Timeline: 3.1. 28 March 2024 Application Submitted 3.2. 1 April 2024 Determination of Incomplete Application 3.3. 6 June 2024 Site Plan and Elevations Submitted 3.4. 11 June 2024 Application Deemed Complete 3.5. 1 July 2024 SEPA Determination of Non -Significance Issued 3.6. 28 July 2024 Application Noticed for Public Hearing 3.7. 7 August 2024 Public Hearing Staff Report Published 4. Abbreviated Legal: SHORT PLAT 8 1- 10 LOT 1 EXCEPT 30' FOR FUTURE ROAD EASEMENT 5. General Location: 1620 Road 44 (Parcel # 119-121-156) in Pasco, Washington. 6. Property Size: 0.92 acres. 7. ACCESS: The property has access from Road 44. 8. UTILITIES: Municipal water and sewer services are available in Road 44. SP 2024-005 Sundance Residential Care Page 1 of 5 9. LAND USE AND ZONING: The property is zoned O (Office) and is partially developed with an approx. 7,185 sq. ft. multi -tenant office building on the easteni side of the lot. Surrounding properties are zoned/developed as follows: 9.1. North: RS-20 Suburban Zone/Single Family Homes 9.2. East: RS-12 Residential Suburban/Single Family Homes 9.3. South: O Office/Health Center 9.4. West: RS-20 Suburban Zone/Single Family Homes 10. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Low Density Residential. The Low Density Residential land use designation allows for RS-20, RS-12, RS-1, R-1, R-1-A, and R- 1-A2 zoning districts and a variety of residential housing at a density of three (3) to six (6) dwelling units per acre. The proposed use is considered an "Unclassified Use" and permissible in all the zoning districts within the Low Density Residential land use, and the Office zoning district. 11. 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 Determination of Non - Significance (DNS) was issued on July 1st, 2024, for this project under WAC 197-11-355. 12. The site carries a primary address of 1620 Road 44 and contains an existing multi -tenant office building, however, the western half of the site is undeveloped and is where the proposed facility would be constructed. The site has primary access from Road 44 to the east. 13. The site was annexed into the City of Pasco in 1989 under Ordinance No. 2740 and assigned the O Office zoning designation under Ordinance No. 2742 and has retained this zoning since. It should be noted that Ordinance No. 2742 was passed correcting an error in the legal descriptions in Ordinance No. 2740 the same year. Per Franklin County Assessor records the existing building on the eastern half of the site was constructed in 1991 and is 7,185 sq. ft. in size. The site has been subject to one code case, Pasco Case Number CEB2016-0526, for a business failing to renew its license. The subject business is not related to the proposal or area of the site where the proposed facility would be constructed. 14. Notice of the public hearing was sent to property owners within 300 feet of the subject property and the Tri-City Herald newspaper on July 28, 2024. 15. The Applicant proposes to construct a new building approx. 9,000 sq. ft. in size to be used for a Community Service Level Two (CSII) Facility which can be described as a ESF under WAC 388-107. 16. The new building will be constructed with a residential appearance in consideration of the residential nature of the neighborhood. 17. The facility would include 16 live-in resident beds and amenities such as a residential kitchen and several gathering areas for activities. Exterior improvements include hard scape (parking lot, sidewalks), landscaping and stormwater retention. 18. The facility would have 12 — 18 staff members on 3 — 4 shifts. 19. The existing building was constructed on or around 1991 on the eastern portion of the lot. 20. The proposed building would be constructed on the undeveloped western portion of the lot. 21. CSII facilities are considered an Unclassified Use under Pasco Municipal Code (PMC) 25.200.020. SP 2024-005 Sundance Residential Care Page 2 of 5 22. Unclassified Uses are permitted via Special Permit in most zoning districts, including all zoning districts permitted within the Comprehensive Plan's Low Density Residential Land Use designation. 23. Staff discussed with other jurisdictions with similar facilities that have already been approved and are operating. The proposed use did not garner any noticeable difference in complaints or code violations than uses surrounding the associated sites. 24. The site is zoned Office. 25. 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: 25.1. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; 25.1.1. 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 designations. However, the application is for an "Unclassified Use" under PMC 25.200.020. While the current zoning of the site is O (Office), Unclassified Uses may be permitted in both the O zoning district and all zoning districts within the "Low Density Residential" designation. 25.1.1.1. Land Use Policy LU-4-B: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. The proposed project would be classified as an infill development as it is located on a property that, while having been developed in 1991, has had half remaining as undeveloped/underutilized for a considerable amount of time. The site is located less than 500 feet away from W Court Street, which is classified as an arterial road, and a bus stop is located on the northwest corner of W Court Street and Road 44. 25.1.1.2. Economic Development Policy ED-3-A: Enhance compatibility of commercial and industrial development with residential and mixed -use neighborhoods with appropriate landscaping, screening, building and design standards. The proposed facility would be required to install solid screening and landscaping, if not already present, to meet compliance with the PMC. Further, while not required, the applicants would utilize construction materials such that the building would appear residential in nature. 25.1.1.3. Utilities Policy UT-3-A: Require adequate provision of storm water facilities with all new land development. The proposed facility would be required to maintain all storm water on -site. The proposal includes the construction of stormwater management facilities. 25.2. The proposal will adversely affect public infrastructure; 25.2.1. 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 existing infrastructure. 25.3. The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; 25.3.1. The properties in the general vicinity include residential, commercial, and office uses. The proposal is subject to the City's outdoor lighting and noise Ordinances. While there may be an increase in traffic to the site it is not anticipated to adversely impact infrastructure or SP 2024-005 Sundance Residential Care Page 3 of 5 surrounding uses and should be similar to the site's current use as a multi -tenant office building. 25.4. 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; 25.4.1. The proposed structure will be less than 25' in height and is proposed to be constructed out of materials similar to those used in residential dwelling construction. The intent of the building design is to match the residential nature of surrounding development. 25.5. 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; 25.5.1. The proposal was analyzed under the State Environmental Policy Act (SEPA) and impacts related to noise, fumes, vibrations, dust, traffic, or flashing lights were analyzed as a part of the review. Based on the information provided, requirements of PMC and Pasco Design & Construction Standards should mitigate impacts to the built and natural environment. It is not anticipated that the proposal would be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights. 25.6. 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. 25.6.1. The proposal is required to adhere to PMC, including, but not limited to provisions such as the outdoor lighting and noise ordinances. The use, CSII, is subject to periodic reviews for compliance with conditions of approval imposed under the special permit and PMC. If the proposed facility violates the special permit conditions of approval or the PMC code cases would be opened and violation remediating steps will be issued and undertaken. Additionally, at the special permit for the use may be revoked. 26. An open record public hearing was held, after legal notice, on August 14, 2024. 27. The Applicant did not appear at the hearing. The Applicant was sent notice of the date, place and time for the hearing. 28. No member of the public testified at the hearing. 29. The entire Planning Staff file was admitted into the record. 30. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 31. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II. CONCLUSIONS OF LAW The Hearing Examiner has been granted the authority to render this decision. As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal Code. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. SP 2024-005 Sundance Residential Care Page 4 of 5 M. DECISION Based on the above Findings of Fact and Conclusions of Law, SP2024-010 is hereby APPROVED subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL 1. The special permit shall apply to the property addressed Road 44 (Parcel # 119-121-156), and any subsequent subdivision(s) thereof. 2. The applicant shall adhere to all Federal, State and City building, fire and life safety codes. 3. The site shall be reviewed annually for noise, nuisance, and safety concerns. 4. The special permit shall become null and void if one or more of the following occur on the premise: 4.1. The site becomes a public nuisance, as defined in PMC 9.90. 4.2. Nuisance activities, as defined in PMC 9.90 persist at the site. Dated this day of August, 2024 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). SP 2024-005 Sundance Residential Care Page 5 of 5