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HomeMy WebLinkAboutHE Determination SP 2019-007 Special Permit Explore & Learn Preschool CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION Special Permit, MF# SP 2019-007 Explore & Learn Preschool 34' x 58' Expansion September 23, 2019 1. FINDINGS OF FACT 1.1 Proposal/Location. Special Permit request to expand by 1,972 square feet an existing 3,200 square-foot preschool on a 0.83 acre parcel at 8610 West Court Street, Pasco, WA (Parcel No. 118-322-100). 1.2 Applicant/Property Owner. Kimberly Pack, 27 N. Quebec Street, Kennewick, WA 99336. 1.3 Surrounding Zoning/Uses. The property is zoned R-S-20 (Suburban Residential) and developed with a 3,200 square-foot preschool. Surrounding properties (south of West Court Street) are also zoned R-S-20 and are developed with single-family residences. 1.4 Comprehensive Plan. The site is intended for low-density residential development. Plan Goal OF-5 suggests provisions should be made for educational facilities throughout the Urban Growth Area. 1.5 Evidence Reviewed. The Examiner admitted the Staff Report, which attached photographs of the site and area, and documented surrounding zoning and uses. The application, SEPA Checklist, and SEPA Determination were provided following the hearing, and also reviewed. The Examiner conducted a drive-by site visit before the hearing. 1.6 SEPA (State Environmental Policy Act, Ch. 43.21C RCW). The City of Pasco issued a Determination of Non-Significance, which was not appealed. SEPA review is complete. 1.7 Hearing. A properly noticed hearing was held on September 11, 2019.1 The Community Development Department ("Department") summarized the proposal. The Applicant did not appear or present any objections to the Department's proposed conditions or Staff Report. No citizen indicated a wish to comment on the proposal. 1.8 Access and Traffic. The site has access from West Court Street, a major arterial. The traffic generated by the existing preschool facility is accommodated on West Court Street with minimal impact to nearby residential neighborhoods. The proposal will create some increased traffic. 1 Notice included mailing to nearby property owners,website posting,and publication. City of Pasco Hearing Examiner Page 1 of 3 Decision, Special Permit,MF# SP 2019-007 1.9 Parking. Pasco Municipal Code requires one parking space for each employee and one for every six children.2 The current facility requires 17 parking spaces; the proposal would add four additional employees and 40 children, increasing the parking requirement to 27 spaces. 1.10 Design and Landscaping. The existing preschool facility has been operating for about 15 years. The site contains a fenced playground area. The facility is neatly maintained and has operated within the area without complaint. The addition would comply with code requirements, including setback,bulk, and height requirements. 1.11 Utilities. Water and sewer are both available on West Court Street. 1.12 Compatibility. The facility has operated within the area without presenting any significant concerns or issues. The modest expansion would comply with code, is adequately supported with public infrastructure, and can be maintained and operated in a manner compatible with surrounding uses. No significant impacts or public health and safety concerns were identified as associated with the proposal. Except as modified, the Staff Report is incorporated by reference. 1.13 Conditions. The proposed conditions should be imposed to address code compliance and are necessary to support the findings. Two conditions should be added, noting the decision is based on application representations regarding the nature of the use, and that condition violation could result in permit revocation. 2. CONCLUSIONS The Hearing Examiner may only grant a Special Use Permit if the proposal adequately addresses whether: (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 2 PMC 25.185.170. City of Pasco Hearing Examiner Page 2 of 3 Decision, Special Permit,MF# SP 2019-007 (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.3 The Comprehensive Plan designates the site is intended for low-density residential development. The proposed preschool expansion is consistent with Plan Goal OF-5, which encourages the location of educational facilities throughout the Urban Growth Area, and the zoning code authorizes the use, if approved through a special use permit." Adequate sewer, water, and transportation facilities are in place to support the expanded facility, and the project will be designed consistent with the character of surrounding uses. Expanding the use will create a modest traffic increase and children will play outside during the day. However, noise, fumes, vibrations, dust, traffic, flashing lights, and other impacts are no greater than other permitted uses within the district. The proposal does not endanger the public health and safety, and if codes and project conditions are followed, will not constitute a nuisance_ DECISION The Hearing Examiner, pursuant to the above Findings of Fact and Conclusions of Law, approves the requested Special Permit,provided the Applicant complies with these conditions: 1. The special permit shall apply to Parcel 118-322-100, and subsequent assignments thereof 2. The Applicant must maintain all necessary DSHS licenses. 3. The building and grounds of the day care must be maintained in a professional manner at all times and consistent with City Code. 4. Parking shall be provided as per PMC 25.185.170. 5. The Applicant must receive approval from the applicable City development review process. 6. The special permit shall be null and void if a City of Pasco building permit is not obtained by September 30, 2020. 7. The decision is based on application materials and plans submitted into the record. Except as modified herein, the project shall operate consistent with same. 8. Condition violation is grounds to initiate revocation proceedings. DECISION entered S 23 City of Pasco Hearing xaminer Susan Elizabeth Drummond 3 PMC 25.200.080. 4 PMC 2530.040(5). City of Pasco Hearing Examiner Page 3 of 3 Decision, Special Permit,MF# SP 2019-007