HomeMy WebLinkAboutHE Determination SP 2023-020 Ramgar CommonsCITY OF PASCO HEARING EXAMINER
IN THE MATTER OF
SP 2023-020
Ramgar Commons
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FINDINGS OF FACT,
CONCLUSIONS OF LAW,
DECISION AND CONDITIONS
OF APPROVAL
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.PROPERTY DESCRIPTION:
Legal: W2SE4SW4SE4, EXC N 280' & 23-9-29 EXC RD 42 & S 36' FOR COURT ST
2.General Location: 4109 W Court Street, Pasco, Washington.
3.Property Size: Approximately 2.45 acres.
4.ACCESS: Access to the site is available from W Court Street, Road 42, and W Ruby Street.
5.UTILITIES: The site is connected to municipal water and sewer.
6.LAND USE AND ZONING: The southern half of the site is zoned C-1 (Retail Business)
and the northern half is zoned R-1 (Low Density Residential). The site is developed with one
commercial structure. Surrounding properties are zoned as follows:
North:
East:
South:
West:
RS-12
RS-12/R-1/O
RS-12
RS-12/R-1
Residential/Single Family Dwelling Units
Residential/Office/Single Family Dwelling Units & Insurance Office
ResidentialN acant
Residential/Single Family Dwelling Units
7.COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for Commercial
uses on the southern half and low-density residential uses on the northern half. Elements of
the Plan encourage the promotion of orderly development including the development of
zoning standards for off-street parking and other development.
8.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the SEP A 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
January 4, 2024 under WAC 197-11-158.
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9.PROPOSAL: The Applicant, Jose Ramirez of US Connections, LLC, submitted a special
permit application (SP 2023-020) to construct a mixed use building with ground floor uses
permitted under the C-1 zoning code with residential dwellings on floors above. The proposal
also asks for an increase in the allowable maximum height of the structure from 35 feet to 61
feet, the structure will be 5 stories in total. The proposal further includes the extension of the
parking lot area serving the facility to extend into the northern, residentially zoned, portion of
the property.
10.The site is developed with a 922 square foot legally nonconforming residential dwelling
within a commercial zoning district as the building is located on the southern half of the site.
The site has direct access from Road 42 on the western frontage, W Ruby Street on the
northeastern frontage, and W Court Street along the southern frontage.
11.The site was annexed into the City of Pasco in 1989 (Ordinance 2740 and 2746) and assigned
0 (Office) zoning (Ordinance 2742). The site was rezoned in 2022 from O (Office) to a split
of C-1 (Retail Business) and R-1 (Low Density Residential) under Ordinance 4616. The site
is developed with an existing dwelling which was constructed around the year 1943, that was
given the legally nonconforming designation after the rezone in 2022 under Ordinance 4616.
The existing dwelling, frontage, and access were developed under Franklin County's
jurisdiction.
12.Per Pasco Municipal Code (PMC) 25.85.040 (1) dwelling units may be approved in the C-1
Retail Business zoning district through the Special Permit process provided that the units are
within the principal building, are all above the ground floor of the building, and the ground
floor is designed for permitted uses in the C-1 zone. The project proposes a commercial
ground floor that will have an additional four stories above with residential dwelling units.
13.The maximum building height within the C-1 Retail Business district is 35 feet, however,
greater heights may be approved through the Special Permit process. The project proposes a
building height of 61 feet.
14.Per PMC 25.200.020, Unclassified Uses, off-site parking lots, except those required for
residential use, may be permitted through the Special Permit process. A portion of the project
proposed parking is located on the residentially zoned northern half of the lot and requires
approval through this process. This area of the parking lot is additional parking that is
necessary for the potential commercial parking stall requirements of PMC 25.185 Off Street
Parking. Specific commercial uses have not been identified at this time, however, the amount
of parking stalls proposed will meet the requirements of the highest commercial uses and the
residential units.
15.Due to the proposed increase in height and land use mitigations have been required through
the State Environmental Policy Act (SEPA) under SEPA2023-078.
16.Public notice of this hearing was sent to property owners within 300 feet of the property and
the Tri-City Herald on January 31, 2024.
17.4109 W Court Street is split zoned with the southern half designated as C-1 (Retail Business)
zoning and the northern half as R-1 (Low Density Residential) zoning.
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18.The applicant wished to construct a mixed residential commercial building with ground floor
commercial uses and residential dwellings on floors above at 4109 W Court Street. Per PMC
25.85.040(1) a Special Permit is required for this use.
19.The applicant wished to increase the max height allowed for their proposed building from 35
feet to 61 feet. Per PMC 25.85.050(4) heights greater than 35 feet may be approved by
Special Permit.
20.The applicant wished to extend a portion of the parking lot into a residentially zoned lot to
serve the proposed mixed-use building. Per PMC 25.200.020(9) off-site parking lots may be
approved by Special Permit.
21.The proposed mixed-use building would be located on a 2.45 acre site.
22.The site has access and frontage on Road 42, W Court Street, and W Ruby Street.
23.The site is in an area that is primarily residential and office uses.
24.The site was annexed into the City of Pasco in 1989 (Ordinance 2740).
25.The site is developed with a nonconforming residential use.
26.Properties surrounding the site are primarily Low Density Residential, developed with single
family dwelling units. An office use is located on the eastern boundary.
27.The Hearing Examiner must develop findings of fact (PMC 25.200.080) as to whether or not:
27 .1 Will the proposed use be in accordance with the goals, policies, objectives, and text
of the Comprehensive Plan?
27 .1.1 Hearing Examiner Finding: This infill, high-density, mixed-use development
located along a major arterial is in accordance with the goals, policies,
objectives, and text of the City of Pasco's Comprehensive Plan. Several
specific policies and goals within the Comprehensive Plan support the
proposed development:
27 .1.1.1 LU-4-B Policy: Encourage infill and higher density uses within
proximity to major travel corridors and public transportation
service areas. West Court Street is a major travel corridor served
by public transit via a Ben Franklin Transit bus route. A high
density infill development along West Court Street aligns with this
Comprehensive Plan policy.
27 .1.1.2 LU-5-B Policy: Encourage higher residential densities within and
adjacent to major travel corridors. Locating this high-density
residential development adjacent to the West Court Street travel
corridor is aligns with this Comprehensive Plan policy.
27 .1.1.3 LU-6-A Policy: Encourage commercial and higher-density
residential uses along major corridors and leverage infrastructure
availability. The proposed use is a mixture of commercial uses and
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a high-density development adjacent to W Court Street and aligns
with this Comprehensive Plan policy.
27 .1.1.4 H-1-B Policy: Higher intensity housing should be located near
arterials and neighborhood or community shopping facilities and
employment areas. Locating this mixture of commercial uses and
high-density development near W Court Street, an arterial road,
adjacent to residential development aligns with this
Comprehensive Plan policy.
27.2 Will the proposed use adversely affect public infrastructure?
27.2.1 Public streets and utilities are in place to serve the property. Utilities
surrounding the site have been designed and constructed to accommodate
commerciaf and residential uses. The proposed facility is located adjacent to
a major arterial street that is capable of handling significant traffic.
Leveraging infrastructure availability along the West Court Street corridor to
facilitate this high-density, infill development 1s supported by
Comprehensive Plan Policy LU-6-A.
27.3 Will the proposed use be constructed, maintained and operated to be in harmony with
existing or intended character of the general vicinity?
27 .3 .1 Hearing Examiner Finding: The proposed development containing a mix of
commercial and residential development will be in harmony with the
intended character of the West Court Street corridor. The City of Pasco's
Comprehensive Plan envisions West Court Street as a Principal Arterial.
Based on this information, the following policies from the City of Pasco's
Comprehensive Plan support this development.
27.3.2 LU-4-A Policy: Reduce the dependency of vehicle travel and encourage
pedestrian and multi-modal options by providing compatible land-uses in and
around residential neighborhoods. The mixed-use element of the proposal
will provide walkable commercial options on-site to residents and nearby
properties that they may otherwise drive to.
27.3.3 LU-4-C Policy: Encourage the development of walkable communities by
increasing mixed-use ( commercial/residential) developments that provide
households with neighborhood and commercial shopping opportunities. The
mixed-use element will provide commercial retail and services to residents
and nearby property owners within walking distance.
27.3.4 H-1-B Policy: Higher intensity housing should be located near arterials and
neighborhood or community shopping facilities and employment areas. The
City of Pasco's 2018-2038 Comprehensive Plan "Existing Street Map" and
"Future 2038 Street Classification Map" indicate this section of W Court
Street as a principal arterial. The proposal would place commercial and high
density residential options adjacent to an arterial road.
27.3.5 Mitigations for noise, height, lighting, and odor were provided through the
State Environmental Policy Act Mitigated Determination of Non
Significance to account for the increase in height and site design.
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27.4 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.
27.5 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?
27.5.1 Hearing Examiner Finding: The project has been reviewed under the State
Environmental Protection Act (SEPA) for impacts to the natural and built
environment. Noise, fumes, vibrations, dust, traffic, lighting, and other items
listed in WAC 197-11-444 "Elements of the environment" were considered
for impacts and applicable mitigations proposed to account for said impacts.
The mitigations include:
27.5.2 To ensure access to adjacent lots is maintained, 20-foot-wide access
easements benefiting parcels 119154219 and 119154193 shall be recorded
prior to approval of any building permit.
27.5.3 To mitigate impacts of vehicle traffic on adjacent residential lots, a buffer
shall be required along the northern edge of the parking areas abutting
parcels 119154219, 119154193, and 119154111. The buffer shall include, at
minimum, a six-foot tall decorative screen wall and five feet of landscaping
including dense evergreen shrubs reaching 36 inches in height at maturity.
Address numbers for homes adjacent the screen wall that utilize access
easements as their sole access shall be provided and affixed to the required
screen wall.
27.5.4 A full lighting plan, including cut sheets for exterior light fixtures and a
photometric plan shall be submitted with any building permit for vertical
construction. To mitigate light impacts on adjacent residential properties all
outdoor site lighting, except fixtures exempted by PMC 12.32.060, shall
adhere to the following standards:
27.5.4.1 All exterior light fixtures shall be fully shielded and directed
downward.
27.5.4.2 Spillover lighting shall not exceed 0.5 footcandles at any exterior
property line.
27.5.4.3 Maximum height for parking lot light poles shall be 15 feet
27.5.4.4 Maximum mounting height for any exterior mounted building
lights shall be 15 feet.
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27.5.5 To mitigate odor, noise, and visual impacts, no dumpster or trash enclosure
shall be located within 25 feet of any property line abutting residentially
zoned property.
27.5.6 An inadvertent discovery protocol for the potential discovery of cultural or
historical artifacts must be prepared and submitted to the City before any
ground-disturbing permits are issued.
27.6 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?
27.6.1 Hearing Examiner Finding: The Commercial uses that will be permitted in
the proposed structure will be the same as those permitted on C-1 properties
typical of W Court Street, the residential uses are typical to the area.
Mitigations for noise, height, lighting, and odor were provided through the
State Environmental Policy Act Mitigated Determination of Non
Significance to account for the increase in height and site design.
28.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.
29.Appearing and testifying on behalf of the Applicant at the hearing was Jose Ramirez. Mr.
Ramirez testified that he was the agent authorized to appear and speak on behalf of the
property owner and Applicant. Mr. Ramirez testified that he was in agreement with the
representations set forth in the staff report and agreed with all of the proposed Conditions of
Approval. Mr. Ramirez reiterated that this parcel has split zoning. He stated that there was no
private road through the parcel, but that they would continue to honor the easement and allow
access through their property on the easement.
30.Testifying from the public were the following individuals:
30.1 Martin Ronero. Mr. Ronero had concerns about a six-foot wall in front of his home.
30.2 Javier Gomez. Mr. Gomez complained about the strong smell of sewage in the area
and asked if there would be sidewalks and a court street. He also complained of
traffic racing on Road 40 on Friday and Saturday nights.
30.3 Darmetric Maloy. Darmetric Maloy testified that his mother-in-law lives on Road 42
and he was present just to see where she will be putting her garbage cans.
31.The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
32.Also admitted into the record were the following comments:
32.1 February 14, 2024, email from Rachel Lovejoy;
32.2 February 1, 2024, comment from Aurora Rau;
32.3 January 29, 2024, comment from Mart Rome;
32.4 January 29, 2024, comment from Paul Notch.
33.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
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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.
ID. DECISION
Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner APPROVES
Application SP 2023-020 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 119154120.
2.The applicant shall obtain any required approval for applicable City development review.
3.The project shall be developed in substantial conformity with the site plan submitted with the
Special Permit application and attached in the February 14, 2024 staff report.
4.Parking requirements shall be met as per PMC 25 .185 .170(1 ).
5.The ground floor of the structure will only be allowed commercial uses, uses shall be limited
to those contained in 25.85.020 Permitted Uses of the C-1 Zoning District.
6.The proposal will conform and meet all mitigations imposed through SEPA2023-078 dated
January 4th, 2024.
7.The special permit shall be null and void if the above conditions are not met.
Dated this __k_day of February, 2024.
Absent a timely appeal, this Decision is final 1
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).
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