HomeMy WebLinkAboutHE Determination SP 2020-002 Goodwill Industries CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION
Special Permit, SP 2020-002
Goodwill Industries of the Columbia, Inc.
June 1,2020
1. FINDINGS OF FACT
1.1 Proposal. Special Permit request for a 20,000 square foot donation-based retail
thrift store, warehousing and donations site, employment center, and two-story, 25,000 square
foot office building for central Goodwill Corporate offices on a 4.96 acre vacant site.
1.2 Location. Southeast corner of Road 76 and Wrigley Drive. Assessor Parcel No.
116-150-071.
1.3 Applicant. Goodwill Industries of the Columbia, Inc., 815 N. Kellogg Street,
Suite A, Kennewick, WA 99336.
1.4 Site and Surrounding Zoning/Uses. The site is zoned C-1 (Retail Business).
Surrounding zoning and land uses are:
North: C-1, library and vacant
East: C-1, retail commercial
South: C-1, retail commercial (Wal-Mart)
West: R-1, single family dwelling units
1.5 Evidence Reviewed. The Examiner admitted the Community and Economic
Development Department's ("Department") Staff Report, which attached land use maps of the
site and surrounding area (overview, vicinity, use, and zoning), the site plan, photographs,
elevation, MDNS, and comment from the Confederated Tribes of the Colville Reservation.
Except as revised, the Staff Report is incorporated.
1.6 SEPA. The Department issued an unappealed Mitigated Determination of Non-
Significance with conditions requiring a traffic impact analysis (Condition 3) and an inadvertent
discovery protocol for cultural or historical artifacts. SEPA review is complete.
1.7 Hearing. An open record public hearing was held May 13, 2020. 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 May 18. No additional written
comments were received. The Department identified key points from the Staff Report, and the
Applicant, through Mr. Gosney, stated he had no concerns with the proposed conditions. Mr.
Stricker spoke in favor of the project. No other person from the public indicated a wish to testify.
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1.8 Notice. Hearing notice was mailed to property owners within 300 feet and
published in the Tri-City Herald March 20, May 4, and May 11, 2020. There were no objections
to approval provided requirements are met. PMC notice requirements were met.1
1.9 Project Design. The project will meet C-1 zoning height limits. The building
design is required to meet the I-182 Overlay Design Standards similar to surrounding structures.
1.10 Use Operation. The thrift store will include a donations drop-off area facing
west toward a residentially zoned area. Customers would be dropping off items that have the
potential of becoming a nuisance due to the used nature of the items. This activity can be
mitigated through site management (signage, store policies, cameras) and site design (additional
landscaping, walls, fencing). All business activities will be conducted entirely within an enclosed
structure.2
1.11 Traffic/Parking. A traffic impact analysis to identify traffic mitigation measures
will be required prior to development, and all identified impacts must be mitigated. The
development will trigger improvement requirements along Road 76, including but not limited to
street width paving, curb, gutter, sidewalk, landscaping, and utilities, to be installed by
Applicant. Traffic generated by the proposal can be accommodated by required road
improvements and the existing road system. Parking spaces provided (216 spaces, including 9
handicap) exceed code requirements (137 spaces, including 6 handicap). This will be verified
during building permit review.
1.12 Access. Road 76 and Wrigley Drive.
1.13 Utilities. Water and sewer are available from both Road 76 and Wrigley Drive,
and water is also available in an existing right-of-way easement along the south property line.
1.14 Landscaping and Setbacks. The site plan submitted illustrates setback and
landscaped areas. Based on this documentation, the proposal can meet code requirements.3
Compliance will be verified during building permit review.
1.15 Conditions. To ensure project development consistent with City requirements
and findings, the Department's proposed conditions should be imposed without substantive
revision. A grammatical edit was made to Condition 13 and Condition 18 added to conform the
MDNS inadvertent discovery condition. Except as the Decision revises it, the Staff Report is
incorporated.
2. CONCLUSIONS
The C-1 zone allows thrift shops upon issuance of a special permit, provided a new thrift
shop is not within 1,000 feet of an existing consignment store, thrift store, or pawn shop.4 A
"thrift shop"means "a retail establishment having any portion of its stock-in-trade in secondhand
personal property ... which has been donated by the public, and at least 80 percent of its total
'PMC 21.200.070,25.210.040.
2 PMC 25.165.170(3).
3 Ch.25.180 PMC,Landscaping and Screening;Ch.25.130 PMC(I-182 Corridor Overlay District).
4 PMC 25.165.170(1).
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Decision, Special Permit, SP 2020-002
floor space devoted to retail sales."5 Goodwill's proposal is to build and operate a donation-
based retail thrift shop, warehousing and donations site. The use qualifies as a "thrift shop" as
the code defines it. 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;
(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.6
The Comprehensive Plan designates the site 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 and 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. Noise, fumes, vibrations, dust, traffic impacts (if
mitigated based on qualified professional recommendations, as required), flashing lights, and
other impacts are no greater than other permitted commercial uses within the district. With the
required traffic and use mitigation, the proposal will not endanger the public health and safety,
and if codes and project conditions are followed, will not constitute a nuisance.
5 PMC 25.15.220.
6 PMC 25.200.080.
Staff Report,pp. 1-2.
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Decision, Special Permit, SP 2020-002
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 No. 116-150-071 and any subsequent
subdivisions thereof.
2. The site shall be developed in substantial conformity to the site plan and building
plans submitted.
3. A traffic impact analysis (TIA) to identify the need for traffic mitigation measures
will be required prior to development of any portion of this project. The recommendations of the
TIA must be incorporated into the Special Permit as Conditions of Approval. The developer
must mitigate all impacts identified.
4. The ADA ramp crossing the driveway on Wrigley Drive shall meet current City
of Pasco/ADA requirements. If the receiving ramp on the east side does not match, it shall be
retrofitted as part of the project.
5. The ADA ramp at the corner of Road 76 and Wrigley must be retrofitted to meet
current City of Pasco/ADA requirements.
6. Road 76 shall be developed to City standards by Applicant.
7. Road 76 is identified in the 2011 Bike/Pedestrian Plan for Bicycle Lane facilities
from I-182 to Sandifur Parkway; Bicycle Lane facilities shall be installed as per City of Pasco
Design and Construction Standards and Specifications for Public Works Improvements
(Ordinance Number 4457)by Applicant.
8. Separated sidewalk consistent with surrounding development will be required
along Road 76.
9. Additional landscaping and screening along with an extension of the landscaping
buffer shall be installed along Road 76.
10. A raised landscaped island shall be installed in front of and around either end of
the donation area.
11. Signage warning against after hour deposits shall be posted on the main building
and in the donation area.
12. A monitoring plan shall be submitted to the Director of Community and
Economic Development for Approval.
13. A warning sign indicating the donation area is monitored by surveillance cameras
shall be posted to provide additional assurances the donation area will not become an unsightly
dumping ground after hours.
14. Surveillance cameras shall be installed to deter theft and illegal dumping.
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15. The Special Permit may be revoked if the monitoring plan is not instituted and
followed, or if the site becomes a chronic nuisance as defined in PMC 9.95.020.
16. No outdoor storage of equipment or materials shall be allowed.
17. The Special permit shall be null and void if all necessary building permits have
not been obtained within one year of Special Permit approval.
18. An inadvertent discovery protocol must be established for the potential discovery
of cultural or historical artifacts before or during improvements/construction.
f
Absent a timely appeal, this Decision is final.$
DECISION entered June 1,2020_
a
City of Pasco Hearing Examiner
Susan Elizabeth Drummond
See Ch. 36.70C RCW(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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