HomeMy WebLinkAboutHE Determination SP 2020-013 Chapel Hill Park CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION
Special Permit, SP 2020-013
Chapel Hill Subdivision Neighborhood Park
October 29, 2020
1. FINDINGS OF FACT
1.1 Proposal. Construction of a city park on a vacant five-acre lot within the existing
Chapel Hill subdivision.
• Location. North side of Chapel Hill Boulevard at the 5800 block. Assessor No. 117-
470-139.
• Applicant. Brent Kubalek c/o City of Pasco, 525 N. Third Avenue, Pasco, WA
99301.
1.2 Site and Surrounding Plan, Zoning, and Use. The Comprehensive Plan
designation is Open Space/Parks. The site is zoned R-3 (Medium Density Residential).
Surrounding zoning and land uses are:
North: R-1 (freeway, single family homes)
East: R-3 (lot-line duplexes)
South: R-3 (single family homes)
West: R-3/PUD (condominiums)
1.3 SEPA. The Community and Economic Development Department ("Department")
issued an unappealed Mitigated Determination of Non-Significance ("MDNS"),requiring:
a. An inadvertent discovery protocol for the potential discovery of cultural or historical
artifacts must be prepared and submitted to the City before any ground-disturbing
permits are issued; and
b. For the safety and security of I-182, the proponent is required to construct a minimum
six-foot tall fence (no gates) along their property boundary abutting I-182. The
WSDOT right-of-way fence typically lies one-foot inside WDOT's right-of-way and
must not be altered or moved.'
1.4 Evidence Reviewed. The Examiner admitted the Department's Staff Report,
which attached site plans, maps (overview, vicinity, use, zoning, comprehensive plan), area
photographs, and the MDNS. Except as revised, the Staff Report is incorporated.
1 Staff Report,p. 1 and attached MDNS.
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1.5 Hearing. A properly noticed open record public hearing was held on October 14,
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 through October 16. No additional written
comments were received. The Department summarized the project, and the Applicant, through
Mr. Kubalek appeared, as did the landscape architect, Mr. Terrell. There was no public comment.
1.6 Public Comment.No public comment was received.
1.7 Access. Chapel Hill Boulevard.
1.8 Utilities. City water, irrigation, and sewer are available from Chapel Hill
Boulevard.
1.9 Project Criteria, Design and Use. The proposed park is within a residential
subdivision and includes playgrounds, swings, two picnic shelters, basketball court, shelter for
portable toilet, walking path, community garden open playfield, drinking fountain, benches,
trees/bushes, and security lighting. 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 area it serves reaches a 60%
development level either by land mass or population.
• A neighborhood park should be at least five acres if located without other amenities.
• Neighborhood parks are intended to serve a one-half to one mile radius.
• At least half of 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.
• 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 Chapel Hill Subdivision Park meets the development criteria for a
neighborhood park. The Chapel Hill Neighborhood, which this park is intended to serve, is over
60% developed. The proposed park is five acres and relatively level.
1.10 Traffic. Traffic impacts are expected to be low and consistent with that of a
neighborhood park.
1.11 Hours. The City Code governs operational hours.3
1.12 Noise. Patrons of the playgrounds, picnic areas, and basketball court will generate
noise. However, City Code noise regulations limit sounds from the park to nearby residences,
2 Staff Report,p. 3;PMC 25.200.070;PMC 25.210.040.No notice concerns were raised.
3 PMC 9.100.050.
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both of which are classified as Environmental Designation for Noise Abatement A, the most
protective classification.4
1.13 Height. The tallest proposed structure is 12 feet.
1.14 Light. Security lights will be full cutoff to limit glare outside the park property.
Lighting will use motion sensors and will run at low power except when there is activity in the
vicinity of the light pole.
1.15 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.
2. CONCLUSIONS
Subdivision City Parks are permitted in the R-3 zone by special permit.5 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 encourages the development of open spaces and parks within
the city. The proposed use is an infrastructure improvement and will be an asset to the
surrounding neighborhoods, enhancing their appeal to prospective homeowners and contributing
to the quality of life and welfare of nearby residents. The park will be maintained by City
maintenance crews for litter removal and landscaping to ensure it does not become a nuisance or
eyesore. With the tallest structures in the park proposed to be 12 feet, the playground equipment,
'PMC 9.130.
5 PMC 25.65.040(3).
6 PMC 25.200.080.
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restrooms, and picnic shelters will be lower in height than the surrounding houses. Rather than
discouraging development of permitted uses, it will support them. 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#117-470-134.
2. The park shall be developed in substantial conformance with the site plan
submitted with the application(Attachment"A").
3. Light shall not be employed between 10:00 PM and 6:00 AM.
4. The Special Permit shall be null and void if a building permit is not secured
within one year of Special Permit approval.
Absent a timely appeal, this Decision is final.
DECISION entered October 29, 2020.
City of Pasco Hearing Examiner
Susan Elizabeth Drummond
See Cb, 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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