HomeMy WebLinkAbout3204 Resolution RESOLUTION NO. Zb
A RESOLUTION APPROVING A SPECIAL PERMIT FOR PLANNED
PARENTHOOD OF CENTRAL WASHINGTON FOR A LEVEL ONE COMMUNITY
SERVICE FACILITY AT 3901 W. COURT STREET
WHEREAS, Planned Parenthood of Central Washington submitted an application for a
Special Permit to locate and operate a health clinic as a level one community service facility at
3901 W. Court Street on May 26,2009; and,
WHEREAS, the Planning Commission held an open record hearing on .tune 18, 2009 to
review the proposed level one community service facility; and,
WHEREAS, following deliberations on July 16 and September 17, 2009, the Planning
Commission recommended denial of a Special Permit for the level one community service
facility;and,
WHEREAS, the recommendation of denial was appealed by Planned Parenthood of
Central Washington; and,
WHEREAS,The City Council set a closed record appeal hearing for November 16,2009
to consider the appeal of the Planning Commission recommendation; and,
WHEREAS, the City Council was provided the record of the application, staff reports,
transcripts and correspondence from the open record hearing and subsequent deliberations
conducted by the Planning Commission; and,
WHEREAS, City Council conducted deliberations on the appeal of the Planning
Commission recommendation for the level one community service facility application at the
closed record appeal hearing of November 16,2009; NOW,THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that a
Special Permit is hereby granted to Planned Parenthood of Central Washington for a level one
community service facility at 3901 W. Court Street under Master File# SP 09-005 subject to the
Findings, Conclusions and Conditions contained in attached Exhibit 1.
Passed by the City Council of the City of Pasco this 7th day of December,2009.
Joy In,Mayor
A. TE T: APPRO 7W TO FORM.:
De. ra . ark City Clerk Leland B. Kerr, City Attorney
1
Exhibit#1
Findings of Fact SP 09-005
FINDINGS OF FACT
I. The site is located within the Pasco Urban Growth Boundary,
2. The Comprehensive Plan identifies the site for commercial uses.
3. The site is zoned C-1 (Retail Business).
4. Permitted uses in the C--1 zone include hotels and motels, retail stores,
stores for repair services, membership clubs (VFW, Eagles, Moose & etc),
restaurants, taverns, banks and offices (medical, dental, law, insurance
offices, etc)
5. The site is located on Court Street which is also the primary access point
and is an arterial street.
6. The site is on a Ben Franklin Transit route.
7. The proposed use is a non-profit health clinic/office that will provide
medical exams, cancer screening, reproductive health screenings, other
medical related services and a variety of educational programs.
8. Non-profit health centers are defined by the zoning regulations (PMC
25.12.155) as Community Service Facilities (Level One) which require
review by the special permit process prior to locating or expanding in any
zone.
9. Other non-profit community health clinics in the community are located
in "C-1" (La Clinica) or "O" (Yakima Valley Farm Workers Health Clinic)
zones.
10. La Clinica and the Yakima Valley Farm Workers Health Clinic also
provide medical exams, cancer screening, reproductive health screenings
and other related services.
11. For-profit medical offices & clinics are permitted uses in C-1 zones.
12. The proposed site contains a 4,692 square foot office building.
13. The applicant is not proposing to increase the height or size of the
building.
14. The applicant is proposing to improve the front of the building with a
new entry porch or portico.
15. Mark Twain Elementary School property is adjacent to the proposed site.
The main entrance to the school is located on Road 40. The Pasco School
District did not provide comments regarding the special permit
application.
16. The School District fence to the north of the site has an open gate that
permits pedestrian access from the school playground to the
commercially zoned properties to the south. Proposed Condition of
Approval # 3 requires installation of a solid masonry wall along the rear
property line extending ten feet south along each side lot line to minimize
pedestrian access from the north.
1
Exhibit#1
Findings of Fact SP 09-005
17. The office building on the site proposed for the medical clinic is currently
unoccupied.
18. The proposed medical clinic could generate approximately 30-60 vehicle
trips per day (including employees).
19. The clinic will have up to 10 staff members.
20. The applicant anticipates the facility will provide services for
approximately 19-25 clients per day.
21. The site contains thirty eight (38) on-site parking stalls.
22. Business hours for restaurants, taverns, membership clubs and retail
stores which are permitted in the C-1 zoning district often extend to 9:00
PM or later.
23. PMC 28.86.060 requires the Planning Commission to make and enter
findings and conclusions from the record as to whether or not:
1) The proposal is in accordance with the goals, policies,
objectives, maps and/or narrative text of the Comprehensive
Plan;
2) The proposal will adversely affect public infrastructure;
3) The proposal will be constructed, maintained and operated to
be in harmony with the existing or intended character of the
general vicinity;
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;
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
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.
24. There was considerable testimony for and against approval of the Special
Permit at the June 18th 2009 open record hearing. In addition, the
Planning Commission received a large amount of written testimony. The
testimony was not focused on the required six (6) criteria for
consideration of special permits contained in PMC 25.86.060.
25. The Planning Commission's deliberations emphasized the secondary
effects of possible protests (legal and illegal) at the site and the effects
those protests could have on nearby businesses and the elementary
school.
26. The Planning Commission recommended denial of the Special Permit
Application on September 17, 2009. That recommendation was appealed
by the applicant
2
Exhibit#1
Findings of Fact SP 09-005
27. City Council set and conducted a closed record appeal hearing of the
Planning Commission's recommendation on November 16, 2009. The
record containing the application, staff reports, transcripts and
correspondence was provided to City Council from the Planning
Commission meetings of June 18, July 16, August 20 and September 17,
2009.
28. Deliberations by the City Council included specific reference to the 6
criteria for consideration of special permit applications contained in
Pasco Municipal Code 2 .86.060 and also included reference to
Washington State case law, specifically Sunderland vs. City of Pasco; in
which the Washington Supreme Court concluded that neighborhood
opposition based upon unsupported fears of neighborhood residents or
unsubstantiated allegations of loss of property value do not constitute
competent or substantial evidence to support a finding of fact. Council
deliberations also included specific reference to Sunnyside vs. Lopez,
which essentially stated the potential of demonstrations cannot be
presumed or even considered by the City as a condition for denying or
conditioning a permit. These deliberations resulted in a determination by
City Council that the findings of fact and conclusions for denial - as
recommended by the Planning Commission - did not form a lawful basis
for denial of the special permit application.
CONCLUSIONS BASED ON PMC 25.86.060
1) The proposed use will be in accordance with the goals, policies,
objectives and'text of the Comprehensive Plan.
The site is identified in the Comprehensive Plan for commercial uses. The
proposed medical clinic is an office use typically found in commercial areas.
The Comprehensive Plan (ED-2-B) encourages the development of a wide range
of commercial uses located to support local and regional needs. Statistical
information provided in testimony at the open record hearing of June 18th 2009
indicated the proposed health clinic would support or address local health
needs. The proposed use is located near other related medical facilities at Road
40 and Court Street and Road 44 and Court Street. The facility will be
strategically located on a major arterial about half a mile from a regional
highway. The proposed medical clinic is located on Court Street, a major
arterial that is also a Transit route. In this respect the proposal supports the
Comprehensive Plan goal of the Regional Transportation Plan (Vol. 1
Transportation Element Goals of the RTP) to provide a transportation system for
all citizens regardless of age race or handicap. The proposed use located on a
Transit route also supports Plan Policies (RTP Policy # 14) which promote use of
the Transit system. The clinic site also uses a shared driveway with the
adjacent bank thereby minimizing driveways on arterial streets consistent with
Plan Policy TR-1-D.
3
Exhibit#1
Findings of Fact SP 09-005
2) The proposed use will not adversely affect public infrastructure.
All municipal utilities are currently available to the proposed site from
surrounding streets. The daily client base and number of employees at the
facility will not generate a greater demand on infrastructure than past uses on
the site or than uses permitted in the C-1 zoning district. The proposed use will
generate less than 100 vehicle trips per day. Water and sewer demand will be
negligible compared to permitted uses such as restaurants.
3) The proposed use will be constructed, maintained and operated in
harmony with the existing or intended character of the general vicinity.
The office building being considered in this application has existed on the site
for over 40 years. It will continue to be maintained as an office building with
operating hours similar to those of surrounding offices. The proposed use will
be less intense than other permitted uses within the C-1 District such as
restaurants, night clubs and certain types of stores. A medical clinic/office will
be operated and maintained in harmony with the intended commercial
character of the general vicinity which includes the location of medical offices.
4) The Iocation 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.
The clinic is proposing minor facade improvements which will not alter the size
or height of the building. The existing facility was originally constructed in
1962 by the Pasco School District. The existing commercial zoning and
development has not impaired the value of adjoining properties. A search of
property tax records for properties adjacent to the Planned Parenthood facility
in Kennewick revealed that values have increased over the past several years.
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.
Health clinics are generally less intense land uses than general retail or
restaurant uses. The proposed health clinic will not generate vibrations, noise
or fumes that often accompany permitted uses such as car washes, auto repair
shops, restaurants and taverns. There will be no grinding, pounding,
fabricating or other activities as a part of the proposed medical services that will
create vibrations, dust, noise, fumes or flashing lights. A medical clinic/office
may be less disruptive to the adjacent residences than other permitted uses due
to the fact the clinic will be closed on weekends and during evening hours when
people in nearby residential neighborhoods will be home. The proposed facility
is estimated to have 10 employees that will provide medical services to less than
30 people per day. The proposed medical clinic will generate considerably less
traffic than permitted uses such as a bank, a convenience store or a restaurant.
4
Exhibit#1
Findings of Fact SP 09-005
6) The proposed use will not endanger the public health or safety if located
and developed where proposed, or in any way become a nuisance to uses
permitted in the district.
Health clinics and medical offices are typically located within commercial zoning
districts and have not been found to create health or safety concerns for
neighboring businesses. The Planned Parenthood facility that was located on
20th Avenue in the 1990's was not a nuisance to other nearby uses on 20th
Avenue. Nor did the 201h Avenue Planned Parenthood office become a nuisance
to the nearby Richardson Park or Robert Frost Elementary School. Permitted
uses in the C-1 zone such as car-washes (which can be very noisy), taverns,
nightclubs and restaurants (which generate significant traffic and may be open
until 2:00 am), are all more likely to be disruptive to the surrounding
neighborhoods than a health clinic with about 70 vehicle trips per day 5 days a
week. The open school district gate to the north allows children and others to
access commercial parking lots. A barrier along the north side of the site may
provide a deterrent to access and address concerns about children accessing
this site and nearby commercial parking lots.
APPROVAL CONDITIONS
1) The special permit shall be personal to the applicant;
2) The clinic shall be developed in substantial conformance with the site
plan submitted with the application;
3) A 6-foot masonry block wall of a design and color approved by the
Community and Economic Development Director shall be constructed
along the rear property line and extending 10 feet down each side
property line a distance of 10 feet from the rear property line;
4) The special permit shall be null and void if a building permit has not
been obtained by June 7, 2010.
5
`:rte..
AOL
dp
F
x y'
gg
ol
J
I
Or,
1! , ", '�yn 1•
IL
if
AL
Ilk,
IF
'=.Yxr rV.a.'.�r�:+: ... • ,a _ - •�:y y:�a{HwY...''dim".4': .-�.�i.'.�:�'y •i.�� ,
- ..
s