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HomeMy WebLinkAboutHE Determination SP 2020-007 Madison Park CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION Special Permit, SP 2020-007 Madison Park Subdivision City Park June 23, 2020 1. FINDINGS OF FACT 1.1 Proposal. Construction of a city park on a vacant 3.96 acre lot within the existing Madison Park subdivision. 1.2 Location. West corner at the intersection of Santa Cruz and Porto Lanes. Assessor Parcel No. 116-351-241. 1.3 Applicant. Dave Swisher, EE Properties LLC, 250 NW Franklin Avenue #401, Bend, OR 97701. 1.4 Site and Surrounding Zoning/Uses. The site is zoned R-S-1/PUD (Residential Suburban/Planned-Unit-Development). Surrounding zoning and land uses are: North: R-S-1 (vacant, single family homes) East: R-S-1 (single family homes, church) South: R-S-1 (church) West: R-S-1 (linear park/gas line easement; single family homes) 1.5 Evidence Reviewed. The Examiner admitted the Community and Economic Development Department's ("Department") Staff Report, which attached site plans, maps of the site and surrounding area (overview, vicinity, use, and zoning), area photographs, and the DNS. Except as revised, the Staff Report is incorporated. Comments were also received following the hearing, which are summarized below. All comments were admitted. 1.6 SEPA. The Department issued a Determination of Non-Significance. No comments or appeals were received.' 1.7 Hearing. A properly noticed open record public hearing was held on June 10, 2020.2 Due to COVID-19 restrictions, the hearing was conducted remotely, with the Examiner, Department, and Applicant calling in. Access information was available to the public to allow citizens to join via either a video link or telephone call-in. There were no reported technical difficulties during the call or afterwards. However, in case any citizens who wished to comment had difficulty calling in, the record was kept open for five days, through June 15. Several additional written comments were received, not due to technical issues, but strong local interest. 1 Staff Report,p. 1. 2 Staff Report,p. 3;PMC 25.200.070,25.210.040.No notice concerns were raised. City of Pasco Hearing Examiner Page 1 of 5 Decision, Special Permit SP 2020-007 At the hearing, the Department summarized the project. Public comment supported the park, but there were requests for additional detail and for recreational equipment which would better address neighborhood needs. As the Applicant was not present, the Examiner requested a response to comments on park amenities.3 Additional detail was submitted on proposed play equipment,but not specific responses to hearing comment. 1.8 Written Public Comment. Several written comments were received following the hearing. The included comments from Ms. Barron, Ms. Nelson, Mr. and Ms. Kubalak, Ms. Hart, Ms. Andros, Ms. Rowley, Ms. Allred, Mr. Cowan, Ms. Goodro, Ms. Nelson, Ms. Page, Ms. Rios, Ms. Shelton, Ms. Strom, Ms. Wick, and Ms. Wuthrich. The comments supported the park though expressed frustration with the delay in its development. Also, numerous concerns were raised about the type of equipment to be installed. • Neighborhood parks often have two separate play structures (one for toddlers, one for 5- 12 year olds), along with slides, swings, and a basketball court. Numerous comments requested these facilities. Having two facilities, with one geared to younger children, and one to older, was emphasized due to the neighborhood's large number of young children. One comment suggested a low to the ground climbing structure for younger children. • Other suggestions included a splash pad given the lack of a nearby community pool and splash pad facilities; sun protection over the play equipment; a covered sitting area; a walking trail for strollers; and, climbing and money bars. 1.9 Access. Santa Cruz and Porto Lanes. 1.10 Utilities. City water, irrigation, and sewer are available from both Santa Cruz and Porto Lanes. 1.11 Project Criteria, Design and Use. The proposed park is within a residential subdivision and includes a play structure, pavilion, restrooms, asphalt paths, trees, and lawn with plans for a future soccer field. The applicable policies and development criteria for neighborhood parks identified in the Parks, Recreation&Forestry Plan are: • A neighborhood park should be provided when the service area reaches a 60% development level by land mass or population; • A neighborhood park should be at least 5 acres if located without other amenities. • Parks in residential areas with 2-3 dwellings per acre should serve a one-mile radius. • At least half the park site should be flat and usable. • Appropriate facilities for neighborhood parks include practice fields, playgrounds, unstructured open play areas, paved game courts, picnic areas with shelter buildings, trail systems, trees, natural open space, and drainage corridors. 3 A similar request was made in response to provision of details on the park. "As the Applicant was not present yesterday,if the Applicant can review the comment submitted and address as appropriate by close of business Monday that would be appreciated.Any response should be submitted to the Planning Department for forwarding to the Examiner." City of Pasco Hearing Examiner Page 2 of 5 Decision, Special Permit SP 2020-007 • Neighborhood parks should be central to and within walking distance of the area they serve, be adjacent to a green belt or trail system, avoid the need to cross major streets or physical barriers, and be readily visible from adjoining streets. The proposed Madison Park Subdivision Park meets the development criteria for a neighborhood park. The Madison Park/Northwest Commons plats, which this park is intended to serve, are past the 60% development level. The proposed park is 3.96 acres,but is connected to a linear park that spans the plats. The proposed site is fairly level. There is an existing gas line north of the site. 1.12 Traffic/Parking. Traffic impacts will be low until future soccer fields are installed; at that point, impacts will be intermittent. 1.13 Hours. The City Code governs operational hours.4 1.14 Noise. Patrons of the park playground, pavilion, and future soccer fields will generate noise, play music, etc. However, City Code noise regulation strictly limit sounds from the park to nearby residences, both of which are classified as Environmental Designation for Noise Abatement A, the most protective classification.5 1.15 Height. The tallest proposed structure is 13 feet. 1.16 Conditions. To ensure project development consistent with City requirements and findings, the Department's proposed conditions should be imposed without substantive revision. Except as the Decision revises it, the Staff Report is incorporated. Given the extensive comment on park amenities and lack of Applicant response to questions raised at the hearing and during the written comment period on how to better connect park amenities to service area needs, the Examiner added a condition providing the Department discretion to adjust the site plan to make modest improvements to the provided amenities in response to neighborhood input. 2. CONCLUSIONS Subdivision City Parks are permitted in the R-S-1/PUD zone by special permit.6 The Hearing Examiner may only grant a special permit if the proposal adequately addresses 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; 'PMC 9.100.050. 5 PMC 9.130. 6 PMC 25.40.040. City of Pasco Hearing Examiner Page 3 of 5 Decision, Special Permit SP 2020-007 (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.7 The Comprehensive Plan encourages the development of open spaces and parks. The proposed use is an infrastructure improvement and asset to the surrounding neighborhoods, enhancing their appeal to prospective homeowners and contributing to the quality of life and welfare of nearby residents. City maintenance crews will maintain the park for litter removal and landscaping to ensure it does not become a nuisance or eyesore. The playground equipment, restrooms and gazebo will be lower in height than the surrounding houses. At 13 feet, the tallest structures are the gazebo and restrooms. 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 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, subject to these conditions. 1. The Special Permit shall apply to Tax Parcel#116-351-241. 2. The park shall be developed in substantial conformance with the site plan submitted with the application (Attachment "A"), except the Department may authorize amenity improvements consistent with Condition 5. 3. Detailed playground design documents shall be required as a condition of special permit approval. 4. The Special Permit shall be null and void if a building permit is not secured within one year of Special Permit approval. 5. The Department may adjust the site plan to improve amenities provided. Any adjustments would be designed to ensure the park addresses service area recreational service needs, such as by providing for additional play equipment to ensure the full range of ages of youth who will utilize the park is accommodated. PMC 25.200.080. City of Pasco Hearing Examiner Page 4 of 5 Decision, Special Permit SP 2020-007 Absent a timely appeal,this Decision is final.$ DECISION entered June 23, 2020. City of Pasco Hearing Examiner Susan Elizabeth Drummond s See Ch.36.70C RC W(establishing 21 day appeal period to superior court,and setting forth necessary petition for review contents,along with filing and service requirements). City of Pasco Hearing Examiner Page 5 of 5 Decision, Special Permit SP 2020-007