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HomeMy WebLinkAboutHE Determination SP 2023-013 C&CA Orion High SchoolCITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) ) ) ) ) FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND CONDITIONS OF APPROVAL SP 2023-013 Pasco School District THIS MA TIER having come on for hearing in front of the City of Pasco Hearing Examiner on February 14, 2024, the Hearing Examiner having taken evidence hereby submits the following Findings of Fact, Conclusions of Law, and Decision and Conditions of Approval as follows: I.FINDINGS OF FACT 1.TIMELINE: 21 Aug 2023 Application Submitted 21 Aug 2023 Trip Generation Letter Submitted 21 Aug 2023 Draft Cultural Resources Study Report Submitted 6 Sep 2023 Final Cultural Resources Survey Report received 16 Oct 2023 Public Notice of Hearing sent; published 8 Nov 2023 Public Hearing Continued 4 Jan 2024 Traffic Impact Analysis Approved 10 Jan 2024 SEPA Mitigated Determination of Non-Significance Issued 2.PROPERTY DESCRIPTION: 3. 4. 4. 5. Legal: Lots 13 through 24 inclusive of Block 36, all of Blocks 20, 21, 37, and 38 of Frey's Addition to Pasco, according to plat thereofrecorded in Volume B of Plats, Page 16, Records of Franklin County Washington, together with vacated alleys by Ordinance Number 2601, recorded under Assessor's File Number 445760 and together with 10 feet of vacated Superior Street, vacated Nevada Street, vacated Pueblo Street, vacated Wyoming Street, 10 feet of vacated Utah Street, all by Ordinance Number 4042 under Assessor's File Number 1779101 and Ordinance Number 3761 Assessor's File Number 1679542 (Parcel 113474050). General Location: Located northeast of the intersection of North Utah Avenue and East Salt Lake Street (Parcel 113474050), in Pasco, Washington. Property Size: Approximately 9.49 acres (413,384.40 square feet). ACCESS: The property has access from East Superior Street, North Utah A venue, and East Salt Lake Street. UTILITIES: Municipal water and sewer services are available from East Superior Street, North Utah Avenue, and East Salt Lake Street. SP 2023-013 PSD #1 CCA Page 1 of 13 6.LAND USE AND ZONING: The property is zoned C-3 (General Commercial) and is vacant. Surrounding properties are zoned and developed as follows: North C-3 East R-1 South C-3 West C-3 CommercialN acant SFDUs Vacant CommercialN acant 7.COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Commercial. The Commercial designation allows for Office, BP, C-1, C-2, C-3, and CR zoning; development may be neighborhood, community and regional shopping and specialty centers, business parks, service and office uses. 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 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 Land Use Policy LU-3-A the City will design major streets, schools, parks, and other public facilities that will encourage the individual identities of neighborhoods. Per Capital Facilities Goal CF-6, the City shall foster adequate provision for educational facilities throughout the UGA. Per Capital Facilities Policy CF-6-A the City is to work with the school district to coordinate facility plans with this comprehensive plan and encourage appropriate location and design of schools throughout the community. 8.ENVIRONMENTAL DETERMINATION: 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 Mitigated Detennination of Non-Significance (MDNS) was issued on 10 January 2024 for this project under WAC 197-11-158. The following mitigations were included in the MDNS: 8.1 Applicant shall prepare and submit an assessment of site access and the surrounding vicinity with regards to the implementation of neighborhood traffic calming measures and strategies, pursuant to Pasco Municipal Code (PMC) Chapter 12.15. This evaluation should encompass a thorough examination of factors such as road layout, traffic flow, pedestrian safety, and existing infrastructure to determine suitable measures and strategies for mitigating traffic-related issues within the neighborhood. 8.2 Applicant shall construct the missing sidewalk on the North side of Salt Lake Street to the West of Utah A venue. 9.PROPOSAL: The Applicant proposes to construct a career and technical education-focused facility. The Career & College Academy program is designed to allow every student to graduate with a credential or industry certification and hands-on experience, which could help students move into either a career or an educational path beyond high school. 10.The site is located on Lots 13 through 24 of Block 36, all of Blocks 20, 21, 37, and 38 of the 1888 Frey's Addition to Pasco plat, to the northeast of the intersection of North Utah Avenue and East Salt Lake Street (Parcel 113474050), in Pasco, Washington. SP 2023-013 PSD#l CCA Page 2 of 13 11.The site comprises approximately 9.49 acres (413,384.40 square feet), is zoned C-3 (Commercial) and is vacant. An archaeological survey (DAHP Project #2023-08-04951) has been finalized and no cultural resources were observed. 12.Ochoa Middle school is approximately .07 miles (373 feet) northeast of the site along Salt Lake Street; Whittier Elementary School and Marie Curie STEM Elementary are both within ¼ mile to the south of the site via North Wehe Avenue. Highland Park is located approximately 0.35 miles from the project site, Kurtzman Park is 0.8 miles away, and Volunteer Park is 0.9 miles away via North Wehe Avenue. 13.The closest approximate distance to the nearest Benton-Franklin transit stop is 400 ft East along East Shepperd Street on the Intersection with North Beech Avenue (Bus Stop ID: PA470). Ben Franklin Transit provides fixed-route services on route 65 that serve East Pasco and specifically stop on Sheppard Street and Wehe Street at the southeast comer of the proposed high school property every half hour throughout the day in each direction of travel. 14.History: The site is part of the 1888 Frey's Addition to Pasco plat. Frey's Addition was platted as a residential subdivision, but it appears that no homes were ever built in the plat. The site was annexed into the City of Pasco in 1963 (Ordinance 1078) and assigned R-1 zoning sometime in the interim between 1963 and 1993. The site was rezoned from R-1 to C- 3 in 1993 (Ordinance 2924). Nevada, Pueblo, and Wyoming Streets and associated alleys which were part of the original Frey's Addition plat were incrementally vacated in 1986, 2006, and 2012 by Ordinances 2601, 3761, and 4042, respectively. Pasco's population has more than doubled from 32,066 at the 2000 Census to 77,108 at the 2020 Census. The 2023 Office of Financial Management (OFM) population estimate was 81,280. This population growth has also caused the Pasco School District enrollment to similarly increase over the same period and has placed tremendous demands on District facility resources. Per the PSD website, "Pasco School District (PSD) is located in Pasco, Washington, and serves over 19,000 students across 17 elementary schools, four middle schools, four high schools, and four digital learning platforms" (see: https://www.psd1 .org/domain/4). The Pasco School District received Special Permit approval to construct Chiawana High School in 2006, which was completed in 2009. By 2016 the Pasco School District was compelled to apply for another Special Permit (SP 2016-014) to place up to 8 portables on the site, which was granted in 2017 (Council Resolution 3756), and 6 more portable units in 2022 (Special Permit #SP 2022-008). In March of 2023 a special permit application for another high school north of Burns Road (Harvest High School-SP 2022-013) was approved. Construction of this facility is currently underway. 15.The project will involve site preparation and construction of a new 75,000 square foot, two­ story high school building with two outbuildings, parking lots, driveways, walkways, landscaping, and some recreational space. The site will also accommodate a future building expansion up to 30 feet off the eastern building wing. No future portables are planned on this site. The school will not be a typical high school as it will not include an auditorium, gymnasium or any sporting fields or events. This will be an academic high school similar to Delta High School, except that it will only serve the Pasco School District. The school will be open for classes from 8:00 AM to 3:00 PM, slightly later than the other high schools in the district. It is expected that students will be primarily bussed from other high schools in the district to this location. Some students participating in on-the-job training programs will drive to the site for check-in at staggered hours during the day. SP 2023-013 PSD #1 CCA Page 3 of 13 16.The building will house up to 600 students, grades 9-12. The future expansion will house approximately 100 additional students. 17.One-hundred thirty-five parking stalls are required for the phase one build-out, and 158 spaces for phase 2. The Plan will include 222 parking stalls, which is over the required number, to accommodate 60 staff and 600 students at Phase 1, and 700 students and approximately 70 staff for Phase 2, as follows: 214 standard, 5 accessible, and 3 van­ accessible parking spaces. The proposed development will have 119 student, 63 staff, and 40 visitor parking stalls with a separated bus lane and student drop off lane as well. Eight bus stalls shall also be provided. Two full-movement site entrances from Superior Street will access the student parking, while one full movement entrance from Utah A venue will serve staff parking. The bus lane will access Superior Street. Visitor and drop off parking will be served by two full-movement accesses to Salt Lake Street. Phase One Counts Count Use 600 Student 60 Staff 0 Visitor 660 TOTAL Ph 1 Required Parking Spaces Use 75 Student 60 Staff 0 Visitor 135 TOTAL Parking Type Phase Two Counts Count Use 700 Student 70 Staff 0 Visitor 770 TOTAL Ph 2 Required Parking Spaces 87.5 70 0 157.5 Parking Areas Use Student Staff Visitor TOTAL SP 2023-013 PSD#l CCA Page 4 of 13 Spaces Use Spaces Use 214 Standard 119 Student 5 Accessible 63 Staff Van- 3 accessible 40 Visitor 222 TOTAL 222 TOTAL 18.The school district understands that it will construct sidewalks along all the frontage of the property. These sidewalks will connect to existing sidewalks on Sheppard Street to the east and Utah A venue to the North. The sidewalk connection to Sheppard Street will give pedestrian access to the neighborhoods to the east and south. There are also existing sidewalks in the neighborhood to the west where properties are developed. A small section of Salt Lake Street on the north side, approximately 150' is missing sidewalk. Otherwise, sidewalks from the site will connect to Oregon A venue which has sidewalks that connect to the rest of the City to the west. There are no designated bike paths or bike lanes in East Pasco other than East "A" Street, which is located over one mile to the south. 19.The project will be designed to meet all City requirements, including required buffers and solid screen requirements adjacent to the residential properties. Light and glare produced by the new school will be similar to or less than that produced by the typical Pasco high school campuses. 20.The building will have both internal (light emitted through glass windows) and external lighting at entries and selected areas. Yard lighting will be along the driveways, sidewalks and parking areas. New external lighting would be designed to reduce the horizontal dispersion of light to adjacent off-site properties. Site lighting should be minimized during non-use hours to that which is required for security so as to minimized impacts to off-site residential properties. Exterior and interior lighting will be turned off during non-use hours with occupancy sensors and energy management systems. 21.Full frontage improvements will be constructed along East Salt Lake Street, North Utah A venue, and East Superior Street including road widening, curb, gutter, and sidewalk. In addition to frontage improvements along streets abutting the project, the applicant will be required to construct the missing sidewalk on the North side of Salt Lake Street to the West of Utah Avenue. 22.Per the ITE 11th Edition Trip Generation Manual Land Use Code 525 "High School," the project is anticipated to generate 1,513 vehicle trips during a typical weekday, including 385 during the AM peak hour (262 in, 123 out), 84 during the PM peak hour (40 in, 44 out) and 234 during the afternoon peak hour (75 in, 159 out). However, due to the proposed bussing from other schools in the district, this number will likely be lower than the ITE estimate. SP 2023-013 PSD #1 CCA Page 5 of 13 Truck trips will be small and only occasionally occur during typical maintenance and delivery operations. The site has been designed to accommodate 8 buses and 2 SPED buses. 23.Given that this school will serve the entire school district boundary, it is anticipated that the majority of trips will enter the study area from Oregon Avenue to the north, accessing 1- 182/US 12, with the following trip distribution percentages: 23.1 5% to/from the southeast 23 .2 10% to/from the southwest on Oregon A venue 23.3 85% to/from the north on Oregon Avenue 24.The School District will pay traffic impact fees as determined by the City of Pasco. A traffic impact analysis was submitted to and approved by the City; as a SEPA mitigation Applicant was required to prepare and submit an assessment of site access and the surrounding vicinity with regards to the implementation of neighborhood traffic calming measures and strategies, pursuant to Pasco Municipal Code (PMC) Chapter 12.15, encompassing a thorough examination of factors such as road layout, traffic flow, pedestrian safety, and existing infrastructure to determine suitable measures and strategies for mitigating traffic-related issues within the neighborhood. This requirement has been satisfied through the Traffic Impact Analysis (TIA) submitted to and approved by the City. 25.As well, Applicant will be required to construct the missing sidewalk on the North side of Salt Lake Street to the West of Utah Avenue. Also, adequate space for drop-off and pick-up of students on-site will be included in the site plan to minimize impacts to the surrounding neighborhoods. 26.Notice of the public hearing was sent to property owners within 300 feet of the subject property and the newspaper on 16 October 2023, and again on 26 January 2024. 27.Applicant proposes to construct a career and technical education-focused facility. 28.The Career & College Academy program is designed to allow every student to graduate with a credential or industry certification and hands-on experience. 29.The site is located on Lots 13 through 24 of Block 36, all of Blocks 20, 21, 37, and 38 of Frey's Addition. 30.The site is located northeast of the intersection of North Utah Avenue and East Salt Lake Street. 31.The site comprises approximately 9.49 acres (413,384.40 square feet). 32.The site is zoned C-3 (Commercial). 33.The site is vacant. 34.An archaeological survey found no cultural resources on site (DAHP Project #2023-08- 04951 ). 35.Ochoa Middle school is approximately .07 miles (373 feet) northeast of the site along Salt Lake Street; SP 2023-013 PSD #1 CCA Page 6 of 13 36.Whittier Elementary School is approximately¼ mile to the south of the site via North Wehe Avenue. 37.Marie Curie STEM Elementary is approximately ¼ mile to the south of the site via North Wehe A venue. 38.Highland Park is approximately 0.35 miles from the project site. 39.Kurtzman Park is approximately 0.8 miles from the project site. 40.Volunteer Park is approximately 0.9 miles from the project site. 41.The nearest Benton-Franklin transit stop is approximately 400 ft away (PA470). 42.The site was annexed into the City in 1963 (Ordinance 1078). 43.The site was assigned R-1 zoning sometime between 1963 and 1993. 44.The site was rezoned from R-1 to C-3 in 1993 (Ordinance 2924). 45.Nevada, Pueblo, and Wyoming Streets and associated alleys were vacated between 1986 and 2012 (Ordinances 2601, 3761, and 4042). 46.In Pasco's population has more than doubled from 32,066 at the 2000 Census to 77,108 at the 2020 Census. 47.The 2023 Office of Financial Management (OFM) population estimate for the City of Pasco was 81,280. 48.Pasco School District (PSD) serves over 19,000 students across 17 elementary schools, four middle schools, and four high schools. 49.The project will involve the following activities: 49.1 Site preparation 49.2 Construction of a new 75,000 square foot, two-story high school building 49.3 Two outbuildings 49.4 Parking lots 49.5 Driveways 49.6 Walkways 49.7 Landscaping 49.8 Recreational space. 49.9 A future building expansion up to 30 feet off the eastern building wing. 50.No future portables are planned on this site. 51.The proposed High School will not include an auditorium, gymnasium or any sporting fields or events. 52.The proposed High School will only serve the Pasco School District. 53.The proposed High School will be open for classes from 8:00 AM to 3:00 PM SP 2023-013 PSD #1 CCA Page 7 of 13 54.Students will be primarily bussed from other high schools in the district to this location. 55.Some students will drive to the site for check-in at staggered hours during the day from on- the-job training programs. 56.The building will house up to 600 students, grades 9-12. 57.The future expansion will house approximately 100 additional students. 58.For Phase 1 build-out, 135 parking stalls are required. 59.For Phase 2 build-out, 158 parking stalls are required. 60.The Plan will include 222 parking stalls, which is over the required number for both phases. 61.The 222 parking stalls will accommodate staff and students as follows: 61.1 Phase 1 : 60 staff and 600 students 61.2 Phase II: 700 students and approximately 70 staff 62.The proposed development will have the following parking areas: 62.1 119 student parking spaces 62.2 63 staff parking spaces 62.3 40 visitor parking spaces 63.There will be three types of parking spaces, as follows: 63 .1 214 standard parking spaces 63.2 5 accessible parking spaces 63.3 3 van-accessible parking spaces. 64.Eight bus stalls shall also be provided. 65.The proposed development will have a separated bus lane and student drop off lane as well. 66.Two full-movement site entrances from Superior Street will access the student parking, while one full movement entrance from Utah A venue will serve staff parking. The bus lane will access Superior Street. Visitor and drop off parking will be served by two full-movement accesses to Salt Lake Street. 67.Sidewalks along all the frontage of the property shall be required. 68.Sidewalks connecting existing sidewalks on Sheppard Street to the east and Utah Avenue to the North shall be required. 69.The sidewalk connection to Sheppard Street will give pedestrian access to the neighborhoods to the east and south. 70.There are existing sidewalks in the neighborhood to the west. 71.A small section of Salt Lake Street on the north side, approximately 150' is missing sidewalk. 72.Sidewalks from the site will connect to Oregon Avenue. SP 2023-013 PSD#l CCA Page 8 of 13 73.Oregon Avenue has full sidewalk improvements that connect to the rest of the City to the west. 74.There are no designated bike paths or bike lanes in East Pasco north of East Lewis Street. 75.The project will be designed to meet all City requirements, including required buffers and solid screen requirements adjacent to the residential properties. 76.Light and glare produced by the new school will be similar to or less than that produced by the typical Pasco high school campuses. 77.The building will have both internal and external lighting at entries and selected areas. 78.Yard lighting will be along the driveways, sidewalks, and parking areas. 79.New external lighting would be designed to reduce the horizontal dispersion of light to adjacent off-site properties. 80.Site lighting shall be minimized during non-use hours to that required for security. 81.Exterior and interior lighting will be turned off during non-use hours with occupancy sensors and energy management systems. 82.Full frontage improvements will be constructed along East Salt Lake Street, North Utah Avenue, and East Superior Street including the following: 82.1 Road widening 82.2 Curb &2.3 Gutter 82.4 Sidewalk 83.Applicant will be required to construct the missing sidewalk on the North side of Salt Lake Street to the West of Utah Avenue. 84.Per the ITE 11th Edition Trip Generation Manual Land Use Code 525 "High School," the project is anticipated to generate 1,513 vehicle trips during a typical weekday, including 3 85 during the AM peak hour (262 in, 123 out), 84 during the PM peak hour (40 in, 44 out) and 234 during the afternoon peak hour (75 in, 159 out). 85.The site has been designed to accommodate 8 buses and 2 SPED buses. 86.It is anticipated that the majority of trips will enter the study area from Oregon Avenue to the north, accessing I-182/US 12, with the following trip distribution percentages: 86.1 5% to/from the southeast 86.2 10% to/from the southwest on Oregon Avenue 86.3 85% to/from the north on Oregon A venue 87.The School District will pay traffic impact fees as determined by the City of Pasco. 88.Adequate space for drop-off and pick-up of students on-site will be included in the site plan to minimize impacts to the surrounding neighborhoods. SP 2023-013 PSD#l CCA Page 9 of 13 89.The Hearing Examiner must develop findings of fact (PMC 25.200.080) as to whether or not: 89.1 Will the proposed use be in accordance with the goals, policies, objectives, and text of the Comprehensive Plan? 89 .1.1 Hearing Examiner Finding: Per The Comprehensive Plan designates this site as "Commercial." The Commercial designation allows for Office, BP, C-1, C-2, C-3, and CR zoning; development may be neighborhood, community and regional shopping and specialty centers, business parks, service and office uses. Land Use Policy LU-1-B 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." Land Use Policy LU-3-A directs the City and developers to "[d]esign major streets, schools, parks, and other public facilities that will encourage the individual identities of neighborhoods." Capital Facilities Goal CF-6, guides the City to "[f]oster adequate provision for educational facilities throughout the UGA," and Capital Facilities Policy CF-6-A encourages the City to "[w]ork with the school district to coordinate facility plans with this comprehensive plan and encourage appropriate location and design of schools throughout the community." 89.2 Will the proposed use adversely affect public infrastructure? 89 .2.1 Hearing Examiner Finding: Development activities within the City are required to install or improve all necessary public infrastructures concurrent with development. Construction of the new high school will require the installation of or improvements to the adjoining streets, the installation of traffic signal, street lighting, sidewalks, fire hydrants and all other items required in the standard specification of the City. Required improvements will enhance the infrastructure of the neighborhood. The facility will utilize both electricity and natural gas for power, heating, cooling, and lighting, and will use LED light fixtures and energy efficient infrastructure. Daylighting will be used in spaces to reduce need for artificial lighting. The project will be in compliance with the current State of Washington energy codes, building codes, and energy efficient standards. 89 .3 Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? 89.3.1 Hearing Examiner Finding: The Comprehensive Plan designates this site as "Commercial." The Commercial designation allows for Office, BP, C-1, C-2, C-3, and CR zoning; development may be neighborhood, community and regional shopping and specialty centers, business parks, service and office uses per PMC 25.100.010 Purpose. The site is zoned C-3 (General Business District), which was established to provide sites for more diversified business types, including nonretail commercial and business uses which are primarily SP 2023-013 PSD #1 CCA Page 10 of 13 related to automotive rather than pedestrian traffic. This district is typically located adjacent to major traffic arterials. The adjacent properties include residential directly east of the site and commercial/industrial surrounding the other portions of the site. The proposal will not impact current land uses since the project will be designed to meet all City requirements, including required buffers and solid screen requirements adjacent to the residential properties. 89 .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? 89.4.1 Hearing Examiner Finding: The site is zoned C-3 (General Business District), which was established to provide sites for more diversified business types, including nonretail commercial and business uses which are primarily related to automotive rather than pedestrian traffic. The new Pasco School District Career and College Academy High School will be two-stories in height. The height of the proposed two-story building is approximately 42 feet. The primary exterior building materials will be glass, masonry, steel, and concrete. The new high school and its campus is being designed by an experienced team of architects and engineers and will meet current design standards. 89.5 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? 89.5. l Hearing Examiner Finding: The building will have both internal (light emitted through glass windows) and external lighting at entries and selected areas. Yard lighting will be along the driveways, sidewalks and parking areas. New external lighti ng would be designed to reduce the horizontal dispersion of light to adjacent off-site properties. Site lighting would be minimized during non-use hours to that required for security so as to minimized impacts to across-the-street off-site residential properties. Exterior and interior lighting will be turned off during non-use hours with occupancy sensors and energy management systems. Light and glare produced by the new school will be similar to that produced by the typical Pasco high school campuses. The building will have both internal (light emitted through glass windows) and external lighting at entries and selected areas. Yard lighting will be along the driveways, sidewalks and parking areas. No atypical light or glare is expected. It is not expected that the building glazing or the lighting system, either interior or exterior, would create adverse light or glare. 89.6 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? 89.6.1 Hearing Examiner Finding: The proposed high school will be constructed to meet all requirements of the International Building Code, the adopted Fire Code, the adopted plumbing code and all other construction codes and state regulations pertaining to high school construction. The building will be required to have fire-rated corridors, area separation walls, sufficient exiting SP 2023-013 PSD #1 CCA Page 11 of 13 and fire sprinkler systems to ensure the safety of the public. The installation of traffic signals, the construction of sidewalks and street improvements will address traffic safety issues. In most communities schools including high schools are located in or near residential neighborhoods. The education and social development of children is generally not viewed as a nuisance. 90.An open record public hearing after due legal notice was held February 14, 2024, with the staff and the public appearing in person, and the Hearing Examiner appearing via Zoom videoconference. 91.Appearing and testifying at the hearing on behalf of the Applicant was Brandon Wilm. Mr. Wilm testified that he was the agent authorized to appear and speak on behalf of the property owner and Applicant. Mr. Wilm stated that they were in agreement with the representations set forth in the staff report and with all of the proposed Conditions of Approval. 92.No member of the public testified in this matter. 93.The staff report, application materials, agency comments and the entire file of record were admitted into the record. 94.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. ill. DECISION Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner APPROVES Application SP 2023-013 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 Parcel 113474050, and any subsequent subdivision(s) thereof. 2.The High School and High School site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. 3.In addition to frontage improvements along streets abutting the project, Applicant shall construct the missing sidewalk on the North side of Salt Lake Street to the West of Utah Avenue. SP 2023-013 PSD #1 CCA Page 12 of 13 4.All costs associated with speed reduction/modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks along and adjacent the school property frontage shall be paid for by the School District at time of permitting. 5.All street/roadway signage, abutting the property & offsite, to be provided by the school district & must be per most current MUTCD & City of Pasco Construction Standards. 6.The School District shall pay the current traffic mitigation fee per vehicle trip as determined by the Traffic Study. 7.The School District shall provide the City with an event traffic plan prior to the issuance of a building permit. 8.The School District shall prepare a dust control mitigation plan to be submitted with the building permit application. 9.All utilities, storm water facilities, and infrastructure improvements shall be designed and constructed to meet the standard specifications of the City Engineer. 10.The design, construction and improvements of the proposal shall be in conformance with the City of Pasco Standard Specifications, the Washington State Department of Transportation Standard Specifications for Road, Bridges, and Municipal Construction, the International Building Code, and the International Fire Code unless a specific modification has been identified in the approval conditions in this decision. 11.The Special Permit shall be null and void if a Building Permit has not been obtained within 2 years of Special Pe1mit approval. Dated this J--0 day of February, 2024. ASCO HEARING EXAMINER ✓� Absent a timely appeal, this Decision is final1 1 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 2023-013 PSD#l CCA Page 13 of 13