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HomeMy WebLinkAboutHE Determination SP 2019-002 Special Permit Franklin County Museum Annex CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION Special Permit, SP 2019-002 Franklin County Museum Annex November 27, 2019 1. FINDINGS OF FACT 1.1 Proposal. Special Permit request for detached 3,500 square foot (50 x 70) museum annex. The new building will serve as an extension to the existing Franklin County Museum. 1.2 Location. .46 acres at 419, 421, and 425 West Bonneville, Pasco, WA. (The Assessor recently consolidated the three lots into Parcel No. 112-052-244). 1.3 Applicant. Franklin County Historical Society, 305 North 4th Avenue, Pasco, WA 99301. 1.4 Site and Surrounding Zoning/Uses. The site is zoned R-3 (Medium Density Residential District). Surrounding zoning and uses are: • North: R-3, Office/Single Family Homes • East: R-3, Single Family Homes • South: C-1, Surface Parking Lot/Retail • West: C-1, Services (Personal) 1.5 Record. The Examiner admitted the Staff Report, which attached a site plan, architectural rendering, and overview map. The record was kept open through November 15. A Staff Report with minor corrections and additional attachments (including comment from Rite Aid, notice of application, zoning map, and land use map), and the Planning Commission Minutes were admitted. The Examiner conducted a site visit before the hearing. 1.6 SEPA. The City issued a DNS. No comments or appeals were received. 1.7 Hearing. A properly noticed hearing was held November 13, 2019.1 The Community and Economic Development Department, Planning Division ("Department") summarized the proposal. The Applicant, through Mr. Scheuer, further addressed the proposal. No person from the public indicated a wish to testify. The hearing process was atypical, as the Planning Commission also heard the proposal and voted to recommend approval.2 1.8 Public Comment. No written public comment was received. 1 Exhibit 1 (Staff Report),p. 3;PMC 25.210.040. No notice concerns were raised. 2 The Department explained there was an overlap between establishment of the Examiner hearing process and application review before the Planning Commission,which resulted in both bodies hearing the matter. The Applicant did not identify any procedural issues or concerns with the process for the Examiner to address. City of Pasco Hearing Examiner Page 1 of 5 Decision, Special Permit, SP 2019-002 1.9 Traffic. Traffic impacts will be minor. The site plan design includes a front access drive. This allows for easy access and improves circulation. 1.10 Access. North 4th Avenue and West Bonneville Street. 1.11 Utilities. City water and sewer are available. 1.12 Parking. The code requires one space for each 250 square feet of floor area for a museum.3 The annex is 3,500 square feet, requiring 14 spaces. The site plan shows seven. However, one third of the annex area will be used for storage, so is less likely to generate a daily visitor parking need. In addition, there is an agreement from the adjacent business owner permitting overflow parking on that site. These measures comply with code. Additional mitigation is provided with the front access drive's improved access. 1.13 Landscaping and Setbacks. The site plan submitted illustrates setback and landscaped areas. Extensive landscaping is provided to the east, and also on the adjacent parcel where the present Museum is. Landscaping will also be incorporated into the frontage and with the main entry to the annex, as the site plan depicts. Based on this documentation, the proposal can meet code requirements.4 Compliance will be verified during building permit review. 1.14 Design. The building will feature a combination of metal, stucco and glass to complement the existing museum. The Museum was originally constructed in 1920 as part of the Andrew Carnegie worldwide library construction program and in 1980 the Franklin County Historical Society was offered the opportunity to use the building as its museum, opening to the public in 1983. The project was reviewed with the Planning Commission, with the site design reflecting input to ensure the annex complements the existing Museum and is compatible with the residential neighborhood and Central Business District. The design locates parking in the back of the annex, allowing the structure to be closer to the street, with a dedicated lane as a loading area for museum patrons. 1.15 Conditions. The conditions the Department proposed and the Applicant accepted should be imposed to ensure code requirements and special permit criteria are met. A condition was added on compliance and minor clarifications were made to Conditions 4, 5, 7, and 8. These are not substantive revisions, but were made to better reflect the findings above. Except as modified, the corrected Staff Report is incorporated. 2. CONCLUSIONS The use is not specifically listed in the R-3 zone as authorized by special permit, though it is similar to a number which are.5 However, as the Museum is listed on the National Register of Historic Places, the code allows the improvements by special use. A special permit for the preservation by adaptive re-use of an historic place accepted on the National Register of Historic Places may be requested for uses not otherwise permitted within the applicable district: 'PMC 25.185.170. 4 Ch.25.180 PMC,Landscaping and Screening;PMC 25.65.050. 5 PMC 25.65.040. City of Pasco Hearing Examiner Page 2 of 5 Decision, Special Permit, SP 2019-002 (1) A special permit granted under this section is personal to the applicant and shall permit only the applicant to exercise the adaptive re-use authority, and shall not be assigned, transferred, conveyed or passed to heirs or beneficiaries of the applicant's estate; and (2) Each applicant granted a special permit shall be required to substantially preserve the intrinsic qualities of the historic place which led to its acceptance on the National Register of Historic Places. Prior to issuance of any building permits, the City may consult with the Washington State Office of Archaeology and Historic Preservation to ensure compliance with this requirement.6 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 (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.? The Comprehensive Plan designates the site Mixed Residential and is implemented through the zoning code, which authorizes the annex by Special Permit. As the Staff Report details, the Plan encourages development of cultural and educational facilities, if suitably mitigated.$ The project supports the Museum, originally built in 1910, with a complementary site lay out and architectural design. 6 PMC 25.200.030. PMC 25.200.080. 8 Staff Report,pg.3 City of Pasco Hearing Examiner Page 3 of 5 Decision, Special Permit, SP 2019-002 Adequate transportation, sewer and water facilities are in place, with additional parking to be provided off site. With its lay out, landscaping, and architectural features, the project is designed consistent with the character of surrounding uses and does not discourage development of permitted uses in the vicinity. Noise, fumes, vibrations, dust, traffic impacts, flashing lights, and other impacts are no greater than other permitted uses within the district. 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 tax parcel 112-052-244. 2. No outdoor storage of equipment or materials shall be allowed. 3. The applicant shall comply with all building code requirements for the occupancy class applicable to the use. 4. The applicant shall develop the site in substantial conformance with the proposed museum annex site plan as detailed in the 11/13/2019 Hearing Examiner Staff Report, including the Site Plan and architectural rendering accompanying the corrected Report. Compliance, along with code consistency (including landscaping and setbacks), will be confirmed during building permit review. 5. To meet PMC 25.185.170 parking requirements, the applicant shall secure consent from a property owner located in the immediate vicinity (i.e., adjacent to or across a street or alley) to provide overflow parking when on-site parking is insufficient. 6. Employee only parking shall be located in the rear of the proposed structure, with access via the alleyway on North 4th Avenue. 7. Patrons of the museum annex shall be permitted to use the existing Rite-Aid parking lot located at 215 North 4th Avenue.9 8. All other requirements of the Pasco Municipal Code will apply, including PMC 25.200.030 (special permits for historical building). 9. If conditions are violated, the Permit may be subject to revocation and/or other enforcement measures. 9 This condition shall be construed consistent with applicable legal requirements. It does not preclude the use of another lot or mechanism to meet Condition 5. Should an alternative compliance approach be taken,this lot would no longer be needed for parking overflow. City of Pasco Hearing Examiner Page 4 of 5 Decision, Special Permit, SP 2019-002 Absent a timely appeal,this Decision is final.10 DECISION entered Novejjiber 27, X019. City of Pasco He g Examiner Susan Elizabeth Drummond io 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 2019-002