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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. City of Pasco Hearing Examiner Page 1 of 5 Decision, Special Permit, SP 2020-002 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). City of Pasco Hearing Examiner Page 2 of 5 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. City of Pasco Hearing Examiner Page 3 of 5 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. City of Pasco Hearing Examiner Page 4 of 5 Decision, Special Permit, SP 2020-002 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). City of Pasco Hearing Examiner Page 5 of 5 Decision, Special Permit, SP 2020-002