Loading...
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