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HomeMy WebLinkAboutSP 2025-016 final decision PSD Portable ClassroomsCITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, SP 2025-016 ) DECISION AND PSD Portable Classrooms ) CONDITIONS OF APPROVAL THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on January 14, 2026, 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: Amanda Whitehead on behalf of Pasco School District No. l; 1215 W Lewis St.; Pasco, WA 99301 2. REQUEST: Special Permit: Placement of up to 14 portable classrooms across three locations. 3. Timeline: 30 October 2025 Application Submitted 14 November 2025 Application Deemed Complete 30 December 2025 SEPA DNS Determination issued 31 December 2025 Notice of Public Hearing for SP2025-016 scheduled for January 14, 2026, was posted on the City of Pasco website, published in the Tri-City Herald News a er, and mailed to properties within 300 feet of the proposal. 05 January 2026 Public Hearing Staff Report Published 4. PROPERTY DESCRIPTION: 4.1. Columbia River Elementary School 4. 1. 1. Abbreviated Legal: SHORT PLAT 2019-08 LOT 3 4.1.2.General Location: 9011 Burns Road (Parcel # 115170073), Pasco, WA 99301 4.1.3.Property Size: 12.35 acres (536,724.79 Square Feet). 4.2. Reynolds Middle School 4.2.1.Abbreviated Legal: SHORT PLAT 2019-08 LOT 1 4.2.2.General Location: 9507 Burns Road (Parcel # 115170071), Pasco, WA 99301 4.2.3.Prope Size: 30.00 acres (1,305,554.50 Square Feet). 4.3. Three Rivers Elementary School 4.3.1.Abbreviated Legal: SHORT PLAT 2019-10 LOT 2 4.3.2.General Location: 3901 Road 84 (Parcel # 117581012), Pasco, WA 99301 4.3.3.Prope Size: 14.35 acres (625,598.11 Square Feet). SP 2025-016 PSD Portable Classrooms Page 1 of 7 5. ACCESS: Columbia River Elementary School and Reynolds Middle School access from Burns Road to the south with a secondary access from Road 90 to the east. Three Rivers Elementary School access Road 84 to the west, with secondary access to Road 80 to the east and Massey Dr. to the south. 6. UTILITIES: Municipal water for Columbia River Elementary School and Reynolds Middle School 2 is available in Burns Rd. and an unnamed access road bisecting the properties. Municipal water for Three Rivers Elementary School is in Road 84. Municipal sewer for Columbia River Elementary School and Reynolds Middle School is available in Burns Rd. Municipal sewer for Three Rivers Elementary School is in Road 84. The locations are currently served with both municipal water and sewer. 7. LAND USE AND ZONING: All locations are zoned R-1 (Low Density Residential) and are currently developed. Surrounding properties are zoned and developed as follows: 7.1. Columbia River Elementary School 7.1.1.North: R-1 Low Density Residential 7.1.2.East: R-1 Low Density Residential 7.1.3.South: R-1 Low Density Residential 7.1.4.West: R-1 Low Density Residential 7.2. Reynolds Middle School 7.2.1.North: R-1 Low Density Residential 7.2.2.East: R-1 Low Density Residential 7.2.3.South: R-1 Low Density Residential 7.2.4.West: R-1 Low Density Residential 7.3. Three Rivers Elementary School 7.3.l.North: R-1 Low Density Residential 7.3.2.East: R-1 Low Density Residential 7.3.3.South: R-1 Low Density Residential / RP Residential Park 7.3.4.West: R-1 Low Density Residential 8. COMPREHENSIVE PLAN: The Comprehensive Plan designates all locations as "Public/ Quasi - Public". The Public/ Quasi -Public designation allows for schools, civic centers, fire stations and other public uses by Special Permit in all zoning districts, except I-3. 9. ENVIRONMENTAL DETERMINATION: A SEPA checklist was submitted concurrently with the Special Permit 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 on December 30, 2025 (SEPA2025-034), under WAC 197-11-355. 10. Applicant proposes to locate up to fourteen (14) portable classrooms across three school locations. Within the next 5 years four portable classrooms will be placed at Columbia Rivers Elementary School, six at Reynolds Middle School, and four at Three Rivers Elementary School. The portable classrooms at Columbia River Elementary School will be placed to the north of the existing school on an area that will be paved as part of this application. The portable classrooms at Reynolds Middle School will be placed in an existing parking lot, located to the north of the existing school. The portable classrooms at SP 2025-016 PSD Portable Classrooms Page 2 of 7 Three Rivers Elementary School will be placed on an existing paved area to the east of the existing school. 11. The new portable buildings will contain two classrooms each. These buildings will only function as classrooms, accounting for the fluctuation of students between school boundaries and increases in students in the district. 12. Site 12.1. The proposed placement of the portable classrooms at Columbia River Elementary School will require the paving of approximately 0.33 acres of an existing grass play field, located to the north of the school as indicated on the site plan. The proposed setbacks of the portable classrooms are approximately 12' south of the unnamed access road, and over 100' from the east, south, and west property lines. There are currently no other portables on site. The proposed portables would be accessed by walking from the main school building across an existing playground. 12.2. The proposed placement of the portable classrooms at Reynolds Middle School will be located north of the middle school, across an unnamed access road, in an existing parking lot as indicated on the site plan. The proposed setbacks of the portable classrooms are approximately 12' to the north of the unnamed access road, 90' feet east of the western property line, and over 100' feet to both the north and east. Currently there are four other portable classrooms are located on the grounds of Reynolds Middle School; they are to the south of the proposed portables directly west of the existing school. The proposed portables would be accessed by walking from the main school building and across the unnamed access road. 12.3. The proposed placement of the portable classrooms at Three Rivers Elementary School will be located to the west of the school, as indicated on the site plan. The proposed setbacks for the portable classrooms are approximately 50' south of a bus parking and through street, and over 100' to the west, south, and east. There are currently no other portables on site. The proposed portables would be accessed by walking from the main school building across an existing paved playground. 13. History 13.1. In October of 2025, the City of Pasco Community and Economic Development office received both a SEPA Checklist and a special use permit application for the placement of up to fourteen (14) portable classrooms across the three locations. The City of Pasco issued a Determination of Non -Significance on December 30, 2025, for the project after following the Optional Determination of Non -Significance process, under WAC 197-11-355. The City of Pasco has not received any appeals at the time of this report. 13.2. The land for Columbia River Elementary School and Reynolds Middle School was annexed in 2016 with Ordinance #4283. In 2016, the parent parcel was divided into three lots via Short Plat 2019-08. The site was originally assigned the R-1 zoning designation as part of the annexation process in 2016. 13.3. The land for Three Rivers Elementary School was annexed in 1981 with Ordinance #2388. In 2019, the parent parcel was divided into two lots via Short Plat 2019-010. The site was originally assigned the R-1-S zoning designation in 1981 as a part of the annexation process (Ordinance# 2388). By 2016 this location was zoned R-1 Low Density Residential. 13.4. Columbia River Elementary School was permitted by Special Permit (SP2017-014) in 2017, construction began in 2019 and is approximately 62,239 sq. ft. in size. The building currently operates as an elementary school. SP 2025-016 PSD Portable Classrooms Page 3 of 7 13.5. Reynolds Middle School was permitted by Special Permit (SP2017-015) in 2017, construction began in 2019 and is approximately 84,573 sq. ft. in size. The building currently operates as a middle school. 13.6. Three Rivers Elementary School was permitted by Special Permit (SP2016-009) in 2016, construction began in 2018 and is approximately 56,783 sq. ft. in size. The building currently operates as an elementary school. 14. Land Use Regulations 14.1. The proposed installation of portable classrooms are intended to be located at Columbia River Elementary School, Reynolds Middle School, and Three Rivers Elementary School, and Per Pasco Municipal Code (PMC) 25.45.040(3) Public and private schools, public parks and playgrounds are considered conditional uses. Conditional uses may be permitted by special permit as provided in Chapter 25.200 of the PMC. 14.2. Per PMC 25.200.010 Unclassified 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. Unclassified uses may be permitted within any district where not otherwise prohibited. 14.3. Per PMC 25.195.020(6) the Hearing Examiner has the authority to make decisions on Land Use actions described in PMC 2.50.080, such as special permits. 15. Columbia River Elementary School was originally permitted through SP2017-014 16. Reynolds Middle School was originally permitted through SP2017-015 17. Three Rivers Elementary School was originally permitted through SP2016-009 18. Pasco School District No. 1 submitted a Special Permit and SEPA checklist for the placement of four portable classrooms at Columbia River Elementary School, six portable classrooms at Reynolds Middle School, and four portable classrooms at Three Rivers Elementary School on October 30, 2025. 19. Pasco School District No.I's application was deemed complete on December 5, 2025. 20. The City of Paso Issued a Determination of Non -Significance for the proposal on December 30, 2025. 21. Notice of the public hearing was posted on the City of Pasco website, published in the Tri-City Herald, and mailed to properties within 300 feet of the proposal on December 31, 2025. 22. The proposed sites are at the following locations; Columbia River Elementary School, 9011 Burns Road (Parcel # 115170073), Pasco, WA 99301, Reynolds Middle School, 9507 Burns Road (Parcel # 115170071), Pasco, WA 99301, Three rivers Elementary school, 3901 Road 84 (Parcel # 117581012), Pasco, WA 99301. 23. The all locations are zoned R-1 Low Density Residential District. 24. The sites are currently developed with existing school buildings constructed in 2018 and 2019. 25. The Applicant proposes the addition of up to 14 portable classrooms across the three locations. Four portable classrooms at portable classrooms at Columbia River Elementary School, six portable classrooms at Reynolds Middle School, and four portable classrooms at Three Rivers Elementary School, as described in the attached site plan. 26. Schools fall under the classification of an "Conditional Use" which may be permitted within the R-1 zoning district through a Special Permit. 27. As per PMC 25.200.080, Upon conclusion of the open record hearing, the Hearing Examiner finds: SP 2025-016 PSD Portable Classrooms Page 4 of 7 27.1. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; 27.1.1. Capital Facilities Goal 6: Foster adequate provision for educational facilities throughout the UGA. 27.1.2. Policy CF-6-A: Work with the school district to coordinate facility plans with this comprehensive plan and encourage appropriate location and design of schools throughout the community. 27.1.3. Policy LU-3-13: Support existing and design future recreational, educational, and cultural facilities and services through the Capital Facilities Plan; dedication of land through the concurrency management process; and coordination with service providers. 27.2. The proposal will adversely affect public infrastructure; 27.2.1. Accesses to the locations are established and include items such as curb, gutter, sidewalk, and street lighting. Utilities are available to the site and have been designed and constructed to accommodate current uses. The proposed use, as conditioned, will not increase the need for infrastructure improvements and is unlikely to adverse y impact the existing 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; 27.3.1. The properties adjacent to all locations are residential. Columbia River Elementary school and Reynolds Middle School have been developed as schools since2019 after their annexation into the City of Paso in 2016, with the land use of Public/ Quasi Public. Three Rivers Elementary School appears to have been proposed as R-1-S zoning in 1981 when first annexed, it was developed as a elementary school in 2018 with the current Land Use of Public/ Quasi Public. All the portable classrooms are planned to be placed within the next 5 years. The four portable classrooms planned for Columbia River Elementary School are planned to be placed at one time. The six portable classrooms to be placed at Reynolds Middle School are planned to be placed in two phases, the first phase of four, the second phase of two. The four portable classrooms being added to Three Rivers Elementary School, are planned to be placed in two phases, the first phase of two, the second phase of two. 27.3.2. The proposed setback for the Columbia River Elementary School portables of approximately 12' to the north does not meet the setback requirements of the R-1 zone. However, the setbacks will be met with conditions added herein. The remaining portable classrooms proposed appear to meet setbacks for the R-I zone. These portable classrooms should not unduly modify the existing character of the general vicinity as they are additions to schools previously established through the special permit process. The portable classrooms, with conditions, will continue to maintain and operate in harmony with the existing and intended character of the general vicinity as they will meet setbacks and follow the sections of the Comprehensive Plan outlined in Section 1. 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, 27.4.1. The location of the portable classrooms will be subject to the setback requirements of the code. Property to the east, south, and west of both Columbia River Elementary School and Reynolds Middle school has been developed as single-family dwellings. The property to the SP 2025-016 PSD Portable Classrooms Page 5 of 7 north of Columbia River Elementary school and Reynolds Middle school is currently undeveloped but is over 600' from the proposed portables at the nearest point. All the property surrounding Three Rivers Elementary School has been developed as single-family dwelling units. The placement of the portables will not discourage the development of permitted uses on property in the general vicinity as it has either been developed or is a substantial distance away from the proposed development. It is not anticipated that the expansion of the existing schools will impair the value of properties in the general vicinity. 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; 27.5.1. The R-1 zone allows for a multitude of residential uses and accessory uses. The addition of the portable classrooms to established schools is unlikely to be objectionable to nearby properties on the basis of noise, fumes, vibrations, dust, or flashing lights. The addition of these portable classrooms may result in an increase in traffic, to ensure that increase is not objectionable the City will add a condition requiring information around the PM peak hour trips the portable classrooms may generate. 27.5.2. The portable classrooms at Reynolds Middle School are being placed in an existing parking lot and will reduce the number of total parking spaces from +/- 288 to +/- 207 and eliminate 2 ADA parking spaces. Pasco Municipal Code 25.185.170 states that two parking spaces are required for each teaching station. As this is a reduction of 71 parking spaces the application will be conditioned to meet the parking space requirements in PMC 25.185.170. 27.5.3. The addition of portable classrooms is an extension of the existing, permitted, use of a school on all three locations. The new portable classrooms will need to comply with all City of Pasco regulations. 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. 27.6.1. The proposal is required to adhere to the PMC including provisions such as the outdoor lighting, noise and parking ordinances. If there were to be violations to these codes, code cases may be initiated and remediation steps will be undertaken. Additionally, the use will be subject to periodic reviews for compliance with conditions imposed under the special permit. 28. An open record public hearing was held, after legal notice, on January 14, 2026. 29. Appearing and testifying on behalf of the Applicant was Amanda Whitehead. Ms. Whitehead testified that she was an agent authorized to appear and speak on behalf of the property owner and Applicant. She stated that they agreed with the representations set forth within the staff report and the proposed Conditions of Approval. He had no objections to any of the representations contained therein. 30. No member of the public testified at the hearing. 31. The following exhibits were admitted into the record: 31.1. Ex A Staff Report; 31.2. Ex. B Remainder of Planning Staff File. 32. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 33. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. SP 2025-016 PSD Portable Classrooms Page 6 of 7 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, SP 2025-016 is hereby APPROVED subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL 1. The special permit shall apply to Parcels # 115170073, 115170071, and 117581012, and any subsequent subdivision(s) thereof. 2. The development of this Special Use Permit shall conform to all setbacks within the City of Pasco. 3. The site plan shall be developed in substantial conformity to the Special Use Permit application, site plan and any building plans submitted. 4. Any modification or change in the nature, character or intensity of the use may require additional review and/or Special Use Permits. 5. Provide as part of the construction review process a document detailing PM peak hour trips. 6. The Special Use Permit shall conform to all standards in Pasco Municipal Code 25.185.170. 7. Applicant shall adhere to all Federal, State and City zoning, building, fire, and safety codes. Dated this day of January, 2026 CITY OF PASCO HEARING EXAMINER ANDREW L. KOTTKAMP Absent a timely appeal, this Decision is final' 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 2025-016 PSD Portable Classrooms Page 7 of 7