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HomeMy WebLinkAboutSP 2023-022 Col Basin Truck Driving Final Decision 1 16 24CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, CONDITIONS OF APPROVAL AND DECISION SP 2023-022 ) Columbia Basin Truck Driving School ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on January 10, 2024, the Hearing Examiner having taken evidence hereby submits the following Findings of Fact, Conclusions of Law, and Decision as follows: L FINDINGS OF FACT 1. Applicant Columbia Basin Truck Driving School proposes to use an existing building and site facilities as a commercial truck driving school. 2. Legal: W2NW4NE4; SW4NE4; W2NE4SE4 LY 18-9-30 W OF NPRR R/W & W2SE4 & SW4 & NW4 LESS RDS (285377). 3. General Location: 3605 Stearman Avenue (Parcel 113290029) located on the northeast corner of Stearman Avenue and Boeing Street, in Pasco, Washington. 4. Property Size: Parcel 113290029 is a large property owned by the Port of Pasco, containing approximately 394.07 acres of land. The Applicant would lease a portion of the land, approximately 1 acre, for the proposal. 5. ACCESS: The property has access from Stearman Avenue and Boeing Street. 6. UTILITIES: Municipal water and sewer services are available from Stearman Avenue and Boeing Street. 7. LAND USE AND ZONING: The property is zoned I -I (Light Industrial) and is developed with an existing building and some site improvements including gravel, asphalt, and fencing. Surrounding properties are zoned and developed as follows: North: I-1 INDUSTRIAL/VACANT BUILDING East: I-1 INDUSTRIAL/VACANT STORAGE YARD South: I-1 INDUSTRIAL/AUTO PARTS STORE West: I-1 INDUSTRIAL/PUMP SUPPLIER 8. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Industrial. The Industrial designation allows for I-1, I-2, and I-3 zoning; development may be manufacturing, food processing, storage and wholesale distribution of equipment and products, hazardous material storage, and transportation related facilities. Per Land Use Policy LU-1-B the City is to enhance the physical appearance of development within the community through land use regulations, design guidelines, and performance and maintenance standards including SP 2023-022 Columbia Basin Truck Driving School Page 1 of 4 landscaping, screening, building facades, color, signs, and parking lot design and appearance. Per Land Use Policy LU-2-A the City shall maintain sufficient land designated to accommodate residential, commercial, industrial, educational, public facility, and open -space uses proximate to appropriate transportation and utility infrastructure. Per Land Use Policy LU-2-C the City shall ensure that adequate public services are provided in a reasonable time frame for new developments. Per Capital Facilities Goal CF-6, the City shall foster adequate provision for educational facilities throughout the UGA. 9. ENVIRONMENTAL DETERIVIINATION: The City of Pasco is the 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 December 20'b, 2024 for this project under WAC 197-11-355. 10. The site is located on Port of Pasco property, to the northeast of the intersection of North Stearman Avenue and Boeing Street (Parcel 113-290-029), in Pasco, Washington. Parcel 113290029 is a large property owned by the Port of Pasco, containing approximately 394.07 acres of land. The proposal would lease a portion of the land, approximately 1 acre, for the proposal. There are no parks or transit stops in the vicinity of the proposed site. 11. The site was annexed into the City of Pasco in 1953 (Ordinance 0759) and was subsequently zoned I-1 Light Industrial. The site was previously developed with a 2,512 sq. ft. industrial/light manufacturing building around 1942. It is unknown when the placement of asphalt, gravel, and fencing occurred. 12. The project will involve the operation of a commercial truck driving school on a site with some site improvements and an existing building. Students of the school are taught at a 3:1 student to teacher ratio, students will complete classroom and range instruction at the subject site. The current site would have two employees, increasing to three or four after two to three years. Classroom instruction is limited to one week out of a month -long course, the remainder of the course is spent on range and on driving instruction. As a part of the lease agreement with the Port of Pasco (Land owner) the driving portion of the training will not occur on Port of Pasco Streets, i.e., the roads surrounding the property. The driving instruction will occur on current training routes that do not include the Port property. Trucks and trailers for training will be stored on site (the areas bounded by fencing) with employee and trainee parking occurring in the designated parking lot and adjacent to the property on the street. The school will operate Monday through Thursday from 7:00 AM to 5:00 PM, occasionally instruction may occur on Fridays and Saturdays. 13. Notice of the public hearing was sent to property owners within 300 feet of the subject property and the newspaper on December 24, 2023. 14. 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: 14.1 Will the proposed use be in accordance with the goals, policies, objectives, and text of the Comprehensive Plan? 14.1.1 Hearing Examiner Finding: The Comprehensive Plan designates this site as "Industrial." The Industrial designation allows for I-1, I-2, and I-3 zoning; development may be manufacturing, food processing, storage and wholesale SP 2023-022 Columbia Basin Truck Driving School Page 2 of 4 distribution of equipment and products, hazardous material storage, and transportation related facilities. Land Use Policy LU-1-13 directs the City to [e]nhance the physical appearance of development within the community through land use regulations, design guidelines, and performance and maintenance standards including landscaping, screening, building facades, color, signs, and parking lot design and appearance." Land Use Policy LU-2- A tasks the City to "[m]aintain sufficient land designated to accommodate residential, commercial, industrial, educational, public facility, and open - space uses proximate to appropriate transportation and utility infrastructure." Land Use Policy LU-2-C requires the City to "[e]nsure that adequate public services are provided in a reasonable time frame for new developments. 14.2 Will the proposed use adversely affect public infrastructure? 14.2.1 Hearing Examiner Finding: The primary access to the site is through private streets which further connect to public streets, these are in place to serve the proposed site. Utilities are available to the site and have been designed and constructed to accommodate industrial uses. 14.3 Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? 14.3.1 Hearing Examiner Finding: The properties in the general vicinity are uses permitted in the I-1 Light Industrial zoning district, and is nearby an access point to Interstate 182. The proposal involves trucking uses that are similar to those permitted within this zoning district. 14.4 Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? 14.4.1 Hearing Examiner Finding: The proposal does not involve any new construction of structures and intends on using the existing structure on site. 14.5 Will the operations in connection with the proposal 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? 14.5.1 Hearing Examiner Finding: The proposal will create similar levels of noise, fumes, vibrations, dust, traffic, or flashing lights as the operation of many of the uses permitted in the I-1 Light Industrial district. Instruction will occur during normal business hours and training related to operating trucks will not occur on Port of Pasco Roads adjacent to the property. 14.6 Will the proposed use 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? 14.6.1 The proposal will create similar levels of public health and/or safety risk and/or nuisance conditions as the operation of any other permitted uses within the I-1 Light Industrial district. 15. An open record public hearing after due legal notice was held January 10, 2024, with the staff and the public appearing in person, and the Hearing Examiner appearing via Zoom videoconference. SP 2023-022 Columbia Basin Truck Driving School Page 3 of 4 16. Appearing and testifying at the hearing was Katie Rios. Ms. Rios testified that she was an agent of the Applicant and property owner and was authorized to appear and speak on their behalf. Ms. Rios stated that she agreed with all representations in the staff report and had no objection to any of the proposed Conditions of Approval. 17. No members of the public testified at the hearing. 18. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 19. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. U. CONCLUSIONS OF LAW 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. 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, the Hearing Examiner APPROVES SP 2023-022 subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL All conditions imposed by this decision shall be binding on the applicant, which includes the owner or owners of the properties, heirs, assigns, and successors. 1. The special permit shall apply to the leased land addressed 3605 Stearman Avenue on Port of Pasco Parcel 113290029, and any subsequent subdivision(s) thereof. 2. The applicant shall obtain any required approval for applicable City development review 3. Parking requirements shall be maintained as per PMC 25.185.170 (3). 4. The applicant or assigns shall maintain all necessary Washington State and City of Pasco licenses. The Special Permit shall be null and void if the above conditions are not met. Dated this 16th day of January, 2024. CITY PAS O ARING EXAMINER r rew L. Ko kamp Absent a timely appeal, this Decision is final' i 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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