HomeMy WebLinkAboutHE Determination SP 2024-002 Acadia Healthcare ClinicIN THE MATTER OF
SP2024-002
WCHS Acadia Healthcare
CITY OF PASCO
LAND USE HEARING EXAMINER
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FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
DECISION AND
CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on June 12,
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:WCHS Acadia Healthcare c/o Brian Farley, 6100 To wer Circle, Suite 1000,
Franklin, TN 37067.Brian.Farley@ctcprograms.com
2.REQUEST:Special Permit: Locate a Community Service Facility Level Two Substance Abuse
Treatment Center at Suites 103 and 104 of 3130 Varney Lane, Pasco, Washington
3.A parcel of land located in a portion of the Southwest quarter of the Southeast quarter of Section 13,
To wnship 9 North, Range 29 East, Willamette Meridian, City of Pasco, Franklin County, Washington,
more particularly described as follows:
3 .1. Beginning at a Brass cap marking the Southeast comer of said Section 13, said point also being
the Northeast comer of said Section 24, from which a Brass cap marking the Southwest corner of
said Section 13 and the Northwest comer of said Section 24 bears South 89°07' 49" West, 5286.04
feet; Thence South 89°07' 49" West along the common line of said Sections 13 and 24 for a
distance of 1343.95 feet; Thence leaving the common line of said Sections 13 and 24, North
00°52' 11" West, 24.78 feet to the Westerly right-of-way line of Varney Lane, at a point 30.00 feet
Westerly of the center line thereof, when measured at right angles; Thence along the Westerly
right-of-way line of said Varney Lane the following two (2) courses; Thence North 13°13'08"
West, 164.28 feet to the TRUE POINT OF BEGINNING of the parcel to be described;
3.2. Thence continuing North 13°13'08" West, 77.98 feet; Thence Northeasterly, along the arc of a
630.00-foot radius, tangent curve to the right (the radius of which bears North 76°46'52" East)
through a central angle of 15°26'51" for an arc length of 169.85 feet (the long chord of which
bears North 05°29'43" West, 169.34 feet); Thence leaving the Westerly right-of-way line of said
Varney Lane, South 73°14'59" West, 230.55 feet; Thence South 63°23'16" West, 42.22 feet;
Thence South 18°52'53" East, 238.87 feet; Thence Northeasterly, along the arc of a 2247.50-foot
radius, non-tangent curve to the right (the radius of which bears South 20°08'14" East) through a
central angle of 05°44'57" for an arc length of225.51 feet (the long chord of which bears North
72°44'14" East, 225.42 feet) to the TRUE POINT OF BEGINNING and the end of this legal
description.
3.3. Containing: 1.35 acres, more or less.
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WCHS Acadia Healthcare
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3 .4. ALSO TOGETHER WITH AND SUBJECT TO easements, reservations, covenants, and
restrictions apparent or of record.
4.The Real Property or its address is commonly known as 3130 Varney Lane, Pasco, WA 99301. The Real
Property tax identification number is 117-010-010 IOP (Port of Pasco sublease parcel 555-221-001).
5.General Location: 3130 Varney Lane (Port of Pasco sublease parcel 555-221-001), Franklin County
WA.
6.Property Size: Suites 103 and 104 of 3130 Va rney Lane comprise approximately 3,780 square feet of
a 10,800 square foot commercial building. The Port of Pasco sublease area is approximately 1.35 acres.
7.ACCESS: The property has road access from Varney Lane.
8.UTILITIES: Municipal water and sewer services are available from Varney Lane.
9.LAND USE AND ZONING: The property is zoned I-1 (Light Industrial) and is developed with a multi
tenant commercial building. Surrounding properties are zoned and developed as follows:
North I-1
East I-1
South R-1
West I-1
Tri-Cities Airport/ Agriculture
Commercial/Tri-Cities Airport
Columbia Basin College
Tri-Cities Airport/Commercial/ Agriculture
10.COMPREHENSIVE PL AN: The Comprehensive Plan Land Use designation for the site is Industrial.
The Industrial land use designation accommodates manufacturing, food processing, storage and
wholesale distribution of equipment and products, hazardous material storage, and transportation
related facilities, and may be zoned I-1 (Light Industrial), I-2 (Medium Industrial), or 1-3 (Heavy
Industrial).
11.ENVIRONMENTAL DETERMINATION: The City of Pasco 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 for this project, SEPA 2024-011, on April 4, 2024: The DNS was issued after using the
optional DNS process in WAC 197-11-355. The determination was not appealed.
12.Applicant Brian Farley on behalf of WCHS, Inc. dba Acadia Healthcare submitted a Special Permit
application (SP 2024-002) to operate a full-service outpatient behavioral health-care clinic, including
the treatment of addiction, rehabilitation, and related office uses, in suites 103 and 104 of 313 0 Varney
Lane, using 3,780 square feet of an existing multi-tenant commercial building.
13.Per a memo submitted in conjunction with the Special Permit application, "WCHS is a wholly owned
subsidiary of Acadia Healthcare whose CTC Division specializes in providing high-quality outpatient
substance abuse treatment centers, treating opioid dependence using a medication-assisted treatment
modality."
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WCHS Acadia Healthcare
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14.The proposed facility would be located in suites 103 and 104 of3130 Varney Lane Pasco, WA, 99301;
Applicant intends on improving the interior of approximately 3,780 square feet of an existing two-story,
l 0,800-square-foot commercial building located in the Tri-Cities Airport Business Park for the clinic.
15.The building and parking facilities, including 18 designated spaces, are already in place.
16.No significant exterior or structural modifications are anticipated other than signage and compliance
with applicable city development standards.
17.Interior tenant improvements will occur to accommodate the Applicant's business and client needs,
which will include counseling rooms, medical offices, examination rooms, and clerical office similar
to an outpatient medical clinic.
18.The clinic facility will be staffed with a medical director performing physical exams and evaluations of
patients, licensed nurses seeing patients daily, a clinic director, a clinic supervisor, substance abuse
counselors, and support staff. Applicant anticipates only having 5 full-time staff on site at any given
time while the clinic is operating. All employees working at the clinic will be "full-time" employees.
19. Anticipated hours of operation would be 5 AM - 2 PM Monday through Friday and 7 AM -10 AM on
Saturdays with the clinic facility closed on Sundays.
20.Security for the clinic's patients and staff will be provided as needed. Per Applicant, clinic patients will
not be allowed to loiter or congregate outside the clinic building.
21.The proposed clinic would generate 13.95 peak hour trips during a typical weekday based on Institute
of Transportation Engineers (ITE) average rates and fitted curves for 3,780 square feet of "Clinic,"
based on ITE Trip Generation Manual 11th Edition data for land use code 630 (3.78 (1,000 sq. ft.) (3.69
rate = 13.95 PM Peak Hour Tr ips).
22.The site is currently served by Ben-Franklin Transit Routes 225 and 268 which both stop at Columbia
Basin College (CBC) across the street to the south along Argent Road.
23.The United States Naval Air Station (NAS) Pasco was built in the early 1940s as part of the support
system for World War II. Ownership of the field was transferred to the City of Pasco after the War. Thesite was annexed into the City of Pasco in 1953 (Ordinance 0759) and assigned R-2 (Medium-Density
Residential) zoning at some indeterminate time between 1953 and 1956. The property was rezoned
from R-2 to M-1 (Light Manufacturing) in 1956 (Ordinance 875). The Port of Pasco took over of the
ownership of the airport in 1963. The M-1 zoning classification was changed to I-1 (Light Industrial)
in 1965 (Ordinance 1203). A substantial expansion and remodel project took place in 1986 that included
access roads, parking lots, aircraft parking apron and more than doubling the size of the terminal
building.
24.Per Pasco Municipal Code (PMC) 25.15.050 C definitions, "Community service facilities" of the level
two category include, but are not limited to, drug abuse and alcoholic treatment centers, halfway houses,
charitable organizations, nonprofit service groups, juvenile care and treatment centers, crisis residential
centers, correctional work release facilities, correctional institutions, juvenile delinquency homes and
facilities, any and all facilities for incarceration or detainment, temporary shelters, emergency housing
facilities, community service housing, missions, community kitchens, food banks, and other similar
uses which provide social, health and welfare service for citizens; except any such use which limits the
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WCHS Acadia Healthcare
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activity solely to organizational or administrative office functions, whereby the actual community
service is provided elsewhere, shall be excluded from this definition.
25.Per PMC 25.200.020(4), [t]he following uses shall be considered unclassified: Community service
facilities, levels one and two, as defined in PMC 25.15.050.
26.Per PMC 25.200.010, unclassified uses enumerated in PMC 25.200.020, conditional uses listed within
each district, and any other uses specifically referred to in this chapter shall be subject to the regulations
contained in this chapter, in addition to all applicable requirements of this title. All such uses, due to
their nature, are deemed to require special review to consider, on a case-by-case basis, their impacts on
adjacent uses, uses within the vicinity, and the infrastructure which would serve them. Conditional uses
and other uses specifically referred to in this chapter may be permitted only in their respective districts.
Unclassified uses may be permitted within any district where not otherwise prohibited.
27.This proposed use clearly falls under the definition of Community service facilities of the level two
category, and as such, requires review via the Special Permit process under PMC 25.200.020(4).
27.1. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative
text of the Comprehensive Plan;
27.2. The proposal will adversely affect public infrastructure;
27.3. The proposal will be constructed, maintained and operated to be in harmony with the
existing or intended character of the general vicinity;
27.4. 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;
27.5. 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; and
27.6. 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.
27.7. Notice of the public hearing was sent to property owners within 300 feet of the subject
property and the newspaper on May 16, 2024.
28.Applicant proposes to operate a full-service outpatient behavioral health-care clinic, including the
treatment of addiction, rehabilitation, and related office uses, at suites 103 and 104 of 3130 Varney
Lane.
29.The Clinic would use 3,780 square feet of an existing 10,800-square-foot multi-tenant commercial
building.
30.WCHS is a wholly owned subsidiary of Acadia Healthcare.
31.The CTC Division of WCHS specializes in treating opioid dependence with medication.
32.The site is in the Tri-Cities Airport business park.
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WCHS Acadia Healthcare
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33.Applicant intends to improve the interior of approximately 3,780 square feet in an existing building.
34.Interior reconfiguration and remodeling will include the following:
34.1. Counseling rooms
34.2. Medical offices
34.3. Examination rooms, and
34.4. Clerical office
35.No significant exterior or structural modifications are contemplated other than signage.
36.The clinic facility will be staffed as follows:
36.1. A medical director
36.2. Licensed nurses
36.3. A clinic director
36.4. A clinic supervisor
36.5. Substance abuse counselors
36.6. Support Staff
37.Applicant anticipates having only 5 staff on site at any given time while the clinic is operating.
38.All employees working at the clinic will be "full-time" employees.
39.Anticipated hours of operation would be as follows:
39.1. 5 AM - 2 PM Monday through Friday
39.2. 7 AM -10 AM on Saturdays
39.3. Closed on Sundays.
40.Security for the clinic's patients and staff will be provided as needed.
41.Per Applicant, clinic patients will not be allowed to loiter or congregate outside the clinic building.
42.Based on ITE Trip Generation Manual, 11th Edition, Land Use Code 630, the proposed clinic would
generate 13 .95 peak hour trips.
43.The site is currently served by Ben-Franklin Transit Routes 225 and 268.
44.The site was annexed in 1953 (Ordinance 0759)
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45.The site was assigned R-2 (Medium-Density Residential) zoning prior to 1956.
46.The parcel was rezoned from R-2 to M-1 (Light Manufacturing) in 1956 (Ordinance 875).
47.The M-1 zoning classification was changed to I-1 (Light Industrial) in 1965 (Ordinance 1203).
48.Per PMC 25.15.050, Community Service Facilities, level two include drug abuse and alcoholic
treatment centers, and other similar uses which provide social, health and welfare service for citizens.
49.Per PMC 25.200.020(4), Community Service Facilities, level two shall be considered unclassified uses.
50.Per PMC 25.200.010, unclassified uses shall require special review.
51.This proposed use clearly falls under the definition of Community Service Facilities of the level two
category, and as such, requires review via the Special Permit process under PMC 25.200.020( 4).
52.The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the
Comprehensive Plan as follows,
52.1. The Comprehensive Plan Land Use designation for the site is Industrial. The Industrial
land use designation accommodates manufacturing, food processing, storage and wholesale
distribution of equipment and products, hazardous material storage, and transportation related
facilities; the clinic and permit would be consistent with Capital Facilities Policy 3(A) to maintain
adequate lands for public facilities.
53.The proposal will not adversely affect public infrastructure because:
53.1. Development activities within the City are required to install or improve all necessary
public infrastructure elements concurrent with development. For this proposal, all infrastructure
including the building, roads, parking areas, sewer, and water are already in place.
54.The proposal will be constructed, maintained and operated to be in harmony with the existing or
intended character of the general vicinity because:54.1. The intended character of the neighborhood as identified in the Comprehensive Plan is
Industrial. The Industrial land use designation accommodates a diverse range of housing,
nonresidential uses, commercial uses, neighborhood retail and office uses, parks and recreation
areas, and civic uses.
54.2. There will be no significant exterior changes to the existing structure; the clinic will be
maintained and operated consistent with the character of the area, which is by definition Industrial.
55.The location and height of proposed structures and the site design will not discourage the development
of permitted uses on property in the general vicinity or impair the value thereof;
55.1. As noted above, the building, roads, parking areas, sewer, and water are already in place;
no significant exterior or structural modifications are contemplated other than signage and
compliance with any applicable city development standards.
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55.2. The clinic will not discourage the development of other permitted uses in the I-1 district as
most of the permitted uses (PMC 25.115.020) are all much more intensive from a land use
standpoint.
56.The operations in connection with the proposal will not 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 because:
56.1. The proposed facility would employ a maximum of 5 full-time employees; there will be no
exterior impacts of the proposed use and other than ordinary traffic and parking for the employees
and clinic patients, and there will be no noise, fumes, vibrations, dust, etc. arising from the
operation of the clinic, as the Community Service Facility is less intensive than other permitted
uses; the proposal will be no more objectionable than operation of any permitted use within the
district.
57.The proposal will not 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 because:
57 .1. The proposed clinic will be required to operate in a legal manner with adequate supervisory
personnel consistent with applicable local, state, and federal law.
58.An open record public hearing was held, after legal notice, on June 12, 2024.
59.Appearing on behalf of the Applicant was Mark Fickes. Mr. Fickes stated that he was the agent
authorized to appear and speak on behalf of the property owner. Mr. Fickes is the attorney for the
applicant. Mr. Fickes did not provide sworn testimony. Mr. Fickes provided argument consistent with
the written materials submitted by Mr. Fickes and the Applicant.
60.No member of the public testified at the hearing.
61.The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
62.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by thisreference.
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
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Based on the above Findings of Fact and Conclusions of Law, SP2024-002 is hereby APPROVEDsubject to the following Conditions of Approval. IV.CONDITIONS OF APPROVAL1.The special permit shall apply to suites 103 and 104 of3130 Varney Lane, Pasco, Washington.2.The Special Permit shall become null and void if one or more of the following occur on the premise:2.1. The site becomes a public nuisance, as defined in per PMC 9.90.2.2. Nuisance activities, as defined in per PMC 9.90 persist at the site.3.The Special Permit shall be null and void if the above conditions are not met.Dated this I 1-day of June, 2024 CITY OF PASCO HEARING EXAMINER Andrew L. Kottkamp 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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