HomeMy WebLinkAboutSP 2024-013 - final decision 2024.09.19CITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
SP 2024-013 ) CONCLUSIONS OF LAW,
St. Thomas Drive Mini Storage ) DECISION AND
CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on September
11, 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. Abbreviated Legal:
1.1. Parcel 115-480-096: BINDING SITE PLAN 2022-01 LOT 1
1.2. Parcel 115-480-097: BINDING SITE PLAN 2022-01 LOT 2
1.3. Parcel 115-480-098: BINDING SITE PLAN 2022-01 LOT 3
2. General Location: Parcel #'s 115-480-096, 115-480-097, and 115-480-098 on the northern side of St
Thomas Drive in Pasco, WA 99301
3. Property Size:
3.1. Parcel 115-480-096: 1.07 Acres
3.2. Parcel 115-480-097: 1.07 Acres
3.3. Parcel 115-480-098: 1.07 Acres
4. ACCESS: The site has access from St Thomas Drive to the south.
5. UTILITIES: Municipal water and sewer are available in St Thomas Drive.
6. LAND USE AND ZONING: The property is zoned C-R (Regional Commercial) and is currently
undeveloped. Surrounding properties are zoned and developed as follows:
6.1. North: Intestate 182
6.2. East: C-R Regional Commercial/Car Dealership (under construction)
6.3. South: C-1 Retail Business/Tri-Cities Prep Catholic School
6.4. West: C-R Regional Commercial/Undeveloped
7. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as "Office". The subject site
is indicated within Pasco's Future Land Use Map as being a part of the Broadmoor Planning Area that
was not modified under Ordinance 4659AA relating to the adoption of the Broadmoor Master Plan.
This land use designation and location within the Planning Area allows for professional office and
personal services, resource centers and is designated for O-Office zoning.
8. 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
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regulations, and other information, a threshold determination resulting in a Mitigated Determination of
Non -Significance (MDNS) was issued on September 4th, 2024, for this project under WAC 197-11-
355.
9. Applicant proposes to construct approximately 49 mini storage units and a retail building approximately
7,500 sq. ft. in size, the retail building would also contain a residential unit above one of the tenant
spaces.
10. The site is largely undeveloped and is adjacent to Washington State Department of Transportation
(WSDOT) Right -of -Way (ROW). The site contains native vegetation that has recently been burned,
improvements adjacent to the site include curb, sidewalk is not present on the St Thomas Drive
frontage.
11. The site was annexed into the City of Pasco in 1981 under Ordinance 2388 and assigned the RMH-2
(Mobile Home Park, retired zoning) zoning under Resolution 1396. The site was further rezoned from
RMH-2 to a split of C-1 (Retail Business) and BP (Business Park) in 1994 under Ordinance 3002. The
site was subsequently rezoned to CR (Regional Commercial) under Ordinance 3381 and remained CR
since.
12. An application for the proposal was submitted on August 9, 2024. The application was deemed
complete on August 13, 2024.
13. Notice of the public hearing was sent to property owners within 300 feet of the subject property and
published in the Tri-City Herald newspaper on August 28, 2024.
14. The proposed site located on Parcel #'s 115-480-096, 115-480-097, and 115-480-098 on the north side
of St Thomas Drive in Pasco, WA.
15. The site is zoned CR Regional Commercial.
16. The site is currently undeveloped and contains native vegetation, some of which has recently been
burned.
17. The site is bounded by other commercial zonings and Interstate 182, while the C-1 zoned parcel to the
south is a commercial designation the site is utilized with a private school.
18. Mini storage facilities and residential units are Conditional Uses and require a Special Permit for their
use in the CR zoning district.
19. Residential units may be permitted via Special Permit in Commercial zoning provided the units are
within the principal building, are all above the ground floor of the building, and the ground floor of said
building is designed and intended to be used for a use permitted in PMC 25.85.010.
20. The proposed residential unit would be located within the principal building, would be located above
the ground floor of the building, and the ground floor should be required to be a use permitted in PMC
25.85.010.
21. The site is located within the I-182 Corridor Overlay, as described in PMC 25.130.020 and would be
required to develop in accordance with the applicable design standards.
22. The Special Permit application is specifically for the mini storage units and residential unit, the retail
facility tenant spaces are permitted uses within the zoning code.
23. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the
Comprehensive Plan as follows:
23.1. Per The Comprehensive Plan designates this site as "Office." The subject site is indicated
within Pasco's Future Land Use Map as being a part of the Broadmoor Planning Area that was not
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modified under Ordinance 4659AA relating to the adoption of the Broadmoor Master Plan. This
land use designation and location within the Planning Area allows for professional office and
personal services, resource centers and is designated for the O-Office zoning designation.
23.1.1. Land Use Policy LU-6-C: Ensure attractive hubs for activity by maintaining and applying
design standards and guidelines that will enhance the built environment of each community.
The proposed facility would include a variety of uses, including retail, adjacent to a school
and office/auto related uses. The facilities would also be required to adhere to the I-182
Corridor Overlay design standards to ensure the creation of aesthetically attractive buildings
and commercial development.
23.1.2. Economic Development Policy ED-2-B: Encourage development of a wide range of
commercial and industrial uses strategically located near major transportation corridors or
facilities and in close proximity to existing or proposed utility infrastructure while supporting
local and regional needs. The proposed facility would offer a variety of different commercial
uses in addition to the mini storage. The facility would also be located near Road 100, a
principal arterial, and approximately 0.4 miles (drive length) from the 1-182/Road 100
interchange. Water and Sewer infrastructure is already present adjacent to the site.
23.2. The proposal will not adversely affect public infrastructure because:
23.2.1. The proposed facility would construct sidewalk on an area of land that has historically been
missing safe walking space. Further, the proposal is required to provide a Traffic Statement
for City review and consideration of impacts to the surrounding area, the mini storage use is
not anticipated to generate significant traffic based on data from the IIth Edition of the
Institute of Transportation Engineers (ITE) Manual. Municipal services are already present
and accessible to the site within St Thomas Drive.
23.3. The proposal will be constructed, maintained and operated to be in harmony with the
existing or intended character of the general vicinity because:
23.3.1. The properties in the general vicinity are primarily utilized as office, banking, and auto
related uses. A private school is present to the south within C-1 Retail Business zoning. The
storage facilities are proposed to the rear of the site, adjacent to 1-182, and will be required to
develop to the design standards of the I-182 Corridor Overlay District to provide aesthetically
attractive buildings and commercial development. It is not anticipated that the facility would
be in conflict with the existing or intended character of the general vicinity.
23.4. 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
because:
23.4.1. No structure on -site, including the retail facility, will exceed 30' in height will be up to two
stories tall. The maximum height of permitted structures within the CR Zoning District is 45'.
Uses in the general facility are of similar height and it is not anticipated that the structures or
site design will be in conflict with existing or future development of the area.
23.5. 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:
23.5. L The proposed mini storage facility is not anticipated to generate significant traffic to the
site, and is likely to not generate noise, fumes, vibrations, dust, or flashing lights beyond the
construction period. Uses typically permitted within the CR zoning district are primarily
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automobile related. It is not anticipated that the proposal would be more objectionable to
nearby properties than the operation of the uses permitted within the CR zoning district.
23.6. 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:
23.6.1. The proposal is required to adhere to PMC including provisions such as the outdoor
lighting and noise ordinances. If there were to be violations to these codes then code cases
and remediating steps will be issued and undertaken. Additionally, the use will be subject to
periodic reviews for compliance with conditions imposed under the special permit, PMC, and
code violation history at which point the special permit for the use may be revoked.
24. An open record public hearing was held, after legal notice, on September 11, 2024.
25. Appearing and testifying on behalf of the applicant was Shane O'Neill. Mr. O'Neill testified that he
was an agent authorized to appear and speak on behalf of the applicant and property owner. Mr. O'Neil
indicated that he had reviewed the staff report and agreed with all the representations contained therein.
Mr. O'Neill stated that he had reviewed the proposed Conditions of Approval and had no objection to
any of those.
26. Mr. O'Neill asked that the Applicant be provided with flexibility as to the number of units and to the
amount of floor area. The Hearing Examiner indicated that the Hearing Examiner reviews the
application as presented and not what may be modified later. The Hearing Examiner indicated that
modifications in the future may be characterized as minor or major by staff and that the procedure used
to approve those modifications are determined by the classification of the modification.
27. Mr. O'Neill also indicated that the residence is not limited to a caretaker residence but they would like
it to be a residence without limitation.
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.
H. 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.
III. DECISION
Based on the above Findings of Fact and Conclusions of Law, SP2024-013 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
The special permit shall apply to Parcel #'s 115-480-096, 115-480-097, and 115-480-098, and any
subsequent subdivision(s) and consolidation(s) thereof.
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2. The facility shall be developed in substantial conformity with the elevations and site plan submitted
with the application except as conditioned herein.
3. All security lighting shall be shielded and designed to prevent the encroachment of light onto adjacent
properties and highway.
4. At the time of construction the applicant shall adhere to all Federal, State, and City building, fire, and
life safety codes.
5. The Special Permit shall be null and void if the required improvements are not completed within two
years of approval of this Special Permit.
6. Any modification to the number of units or floor area will have to be reevaluated by staff and a
decision made on those proposed future modifications will be made according to the procedures in
effect at that time.
Dated this _ day of September, 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).
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