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.
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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."
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• 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.
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(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.
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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).
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