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HomeMy WebLinkAboutHE Determination SP 2019-009 Special Permit Jubilee Foundation CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION Special Permit, SP 2019-009 Jubilee Foundation, Center for Sharing, and Vista Hermosa Foundation Headquarters November 27, 2019 1. FINDINGS OF FACT 1.1 Proposal. Special Permit request for 30,000 square foot two-story structure to house the Jubilee Foundation, Center for Sharing, and Vista Hermosa Foundation Headquarters. The project includes offices, education and training areas, multi-purpose assembly room, warming kitchen, and four guest suites for out-of-town visitors. The use is permitted. However, a Special Permit is required to increase the height limit from 35 to 40 feet. 1.2 Locations. The site is 2.27 acres at 3713 East A Street, Pasco, WA 99301, at the northeast corner of East A Street and Tierra Vida Lane (Parcel No. 113-730-299). The facility will be at the Tierra Vida Community. The parcel was included within the preliminary plat for the original Tierra Vida subdivision approved in 2004. 1.3 Applicant. Jubilee Foundation/Roger Bairstow, 3525 East A Street, Pasco, WA 99301. 1.4 Site and Surrounding Zoning/Uses. The vacant site is zoned C-1 (Retail Business), and is surrounded by other businesses, with residences to the north. Surrounding zoning and uses are: • North: R-1, Single Family Dwelling Units • East: C-3, Vacant, Industrial • South: I-1, Industrial • West: C-1, Office 1.5 Evidence Reviewed. The Examiner reviewed the Staff Report, which attached WSDOT comment, photographs, and maps (overview, vicinity, land use, and zoning), along with proposed condition language. The Examiner conducted a site visit before the hearing. 1.6 SEPA. The City issued an MDNS with this condition: "A traffic impact analysis to determine the impacts of the additional vehicle trips and the need for traffic mitigation measures will be required."1 No appeal was filed. 1.7 Hearing. A properly noticed hearing was held on November 13, 2019.2 The Community and Economic Development Department, Planning Division ("Department") summarized the proposal, with the Examiner raising questions on the mechanism for incorporating traffic impact analysis (TIA)mitigation resulting from the WSDOT comment. The 1 Exhibit 1 (Staff Report),pp.3,4. z Exhibit 1 (Staff Report),p. 3;PMC 25.210.040. No notice concerns were raised. City of Pasco Hearing Examiner Page 1 of 5 Decision, Special Permit, SP 2019-009 Department indicated mitigation would be imposed at the building permit stage. The Applicant, through Mr. Bairstow, stated the Applicant did not object to this approach. The Examiner kept the Record open through November 15 to further address traffic condition language. No person from the public indicated a wish to testify. 1.8. WSDOT Comment. • The subject property is not adjacent to U.S. Highway 12 (US 12); however, the proponent indicates primary access to the site will be via the public road intersection of East A Street along US 12 at milepost 293.6. Within the last five years, the US 12/East A Street intersection has experienced one fatal and two serious injury crashes. A review of the intersection crash history indicates the majority of the crashes occur when drivers make the left turning movement from East A Street to westbound US 12. For the majority of those crashes, drivers did not grant right-of-way or were inattentive to highway traffic. • Further, our analysis indicates queue lengths currently exceed the capacity of the US 12 westbound left-turn lane. Based on the volumes stated in the Section 14 of the SEPA Checklist, we estimate this proposal may add 15 or more vehicles to this movement in the peak hour. • WSDOT is unwilling to risk higher collision rates and serious injury or fatal crashes due to increased traffic volumes created by new development west of US 12. Therefore, in order to mitigate their impact to the safety and capacity of the US 12/East A Street intersection, WSDOT requires the proponent to implement turn restriction from East A Street to US 12 and extend the US 12 westbound left- turn lane a minimum of 150 feet. The turn restrictions shall eliminate left-turns from the City street onto the highway and continue to accommodate left-turns from US 12. • If the applicant disagrees with our requirements, we request a traffic impacts analysis (TIA) be done by a licensed traffic engineer at the applicant's expense and submitted to WSDOT and the City of Pasco for review and comment.3 1.9 Public Comment. No written public comment was received. 1.10 Traffic. WSDOT comment identified US 12/East A Street impacts and safety issues which need to be further addressed and mitigated. An initial condition was proposed requiring a TIA, with alternative language submitted after the hearing, based on Examiner questions on the process for incorporating TIA recommendations into the project. The Examiner adjusted the proposed language to ensure the building permit does not issue and construction does not occur until the TIA is completed, WSDOT has an opportunity to review and comment on the TIA, and mitigation to address the safety and capacity concerns outlined in WSDOT comment is incorporated into the project with the building permit (Condition 2). 1.11 Access. East A Street and Tierra Vida Lane. 3 Exhibit 1 (Staff Report),pp.2-3,and attachment(WSDOT comment letter). City of Pasco Hearing Examiner Page 2 of 5 Decision, Special Permit, SP 2019-009 1.12 Design. The building design is similar to adjacent buildings and avoids long blank walls, instead incorporating periodic wall offsets, windows, siding material variations, and roofline variations. Colors and finishes are in harmony with adjacent buildings and will complement both the appearance and functionality of the surrounding properties.4 1.13 Parking. 99 parking spaces are being provided. Office uses require one space per 300 square feet on the ground floor and one space for 500 square feet on the second floor. Parking meets code. This will be verified during building permit review. 1.14 Landscaping and Setbacks. The site plan submitted illustrates setback and landscaped areas. Based on this documentation, the proposal can meet code requirements.5 Compliance will be verified during building permit review. 1.15 Utilities. City water and sewer are available in East A Street and Tierra Vida Lane. 1.16 Conditions. The Department's proposed conditions, which the Applicant has accepted, should be imposed. Some clarification has been added, with the transportation condition clarified to ensure qualified professional recommendations are incorporated into the project, and enforcement mechanisms noted. Except as modified, the Staff Report is incorporated. 2. CONCLUSIONS The C-1 zone allows hotels, so the four short term housing units are authorized, as are the office uses. However, to increase building height from 35 to 40 feet, a special use permit is required.6 The Hearing Examiner may only grant one 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; 4 See Staff Report,pg. 5,for additional detail. 5 Ch.25.180 PMC,Landscaping and Screening(prescribes landscaping for parking areas and requires ten feet of landscaping for areas adjacent to arterials);C-1 setbacks are 15 feet on the front. Residential zoning abuts the project on the north,so setbacks are governed by PMC 25.175.020. PMC 25.85.050(3). 6 PMC 25.85.050. City of Pasco Hearing Examiner Page 3 of 5 Decision, Special Permit, SP 2019-009 (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.7 The Comprehensive Plan designates the site Mixed Residential/Commercial and is implemented through the zoning code, which authorizes the proposed facilities. As the Staff Report details, the Plan encourages development of a range of commercial uses, if suitably mitigated.$ The project provides a commercial office use, has mitigation incorporated into the site plan, and otherwise follows the Plan. Adequate sewer and water facilities are in place to support the facility. Transportation facility mitigation can be provided to ensure the transportation infrastructure is also adequate. The project is designed consistent with the character of surrounding uses and does not discourage development of permitted uses in the vicinity. The additional five feet is a modest enough increase that the facility will be in keeping with surrounding character, while helping to more efficiently utilize the land. Noise, fumes, vibrations, dust, traffic impacts (if mitigated based on qualified professional recommendations, as is required), flashing lights, and other impacts are no greater than other permitted commercial uses within the district. With the required traffic mitigation, the proposal will 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/Property Owner complies with these conditions: 1. The Special Permit shall apply to Franklin County tax parcel 113-730-299 and any subsequent subdivisions thereof. 2. A transportation impact analysis, or TIA, will be prepared by a qualified professional before development of any portion of this project and before building permit issuance. The TIA will be submitted to WSDOT for review and comment. The TIA will identify the impacts of the additional vehicle trips and identify traffic mitigation measures to address WSDOT comment. TIA recommendations will be incorporated into the Special Permit and building permit as Conditions of Approval. 3. No outdoor storage of equipment or materials shall be allowed. PMC 25.200.080. 8 Staff Report,pgs. 1-2. City of Pasco Hearing Examiner Page 4 of 5 Decision, Special Permit, SP 2019-009 4. The site shall be developed in substantial conformity to the site plan and building plans submitted. Compliance, include code compliance (i.e., landscaping and setbacks) will be verified during building permit review. 5. The Special Permit shall be null and void if all necessary building permits have not been obtained by December 31,2020. _ 6. If conditions are violated, the Permit may be subject to revocation and/or other enforcement measures. Absent a timely appeal,this Decision is final. DECISION entered November 2,7 '0 1 9. i of Pasco Rearilng Examiner Susan Elizabeth Drummond See Ch.36.70C RCW(establishing 21 day appeal period to superior court). City of Pasco Hearing Examiner Page 5 of 5 Decision, Special Permit, SP 2019-009