Loading...
HomeMy WebLinkAboutHE Determination SP 2020-012 SDA Church Addition Special Permit CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION Harvey Lighthouse/Upper Columbia Mission Society Special Permit, SP 2020-012 December 24, 2020 1. FINDINGS OF FACT 1.1 Proposal. Special Permit request for a detached 9,500 square foot one-story church addition on a 3.04-acre parcel (two lots) in the RS-12 zone. The proposal includes a fire suppression system, parking lot revisions, and site improvements. The building would be used for community outreach events such as healthy lifestyle classes, seminars, concerts, and fellowship meals. 1.2 Location. 605 Road 36, Pasco, WA 99301 (Parcel Nos. 119-422-401 and 119- 422-045).' 1.3 Applicant. Harvey Lighthouse c/o Upper Columbia Mission Society, 605 Road 36, Pasco, WA 99301. 1.4 Site and Surrounding Zoning and Uses. The site, zoned RS-12 (Suburban Residential), is fully developed with paved parking lot, landscaping, a shed, and a community center. The proposed addition would be located just south of the current church. Surrounding properties have the same zoning and are developed with single-family homes. 1.5 Evidence Reviewed. The Examiner admitted the Community and Economic Development Department's ("Department") Staff Report, which attached the site plan, land use maps of the site and surrounding area (overview, vicinity, use, and zoning), photographs, and MDNS. 1.6 SEPA. The City issued a revised MDNS with conditions.2 No appeal was filed. 1.7 Hearing. An open record public hearing was held December 9, 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 two days, through December 11. Other than proposed revised language on Condition 8 from the Department addressing an Applicant question raised at the hearing (see below), no additional written comments were received. The Department, through Mr. Adams, summarized the Staff Report. The Applicant, through Mr. Lighthouse, asked about proposed Condition 3, and whether the condition requires a fire hydrant to be added to the one already on the property. The Department confirmed Condition 1 The Staff Report contains the legal description. 2 Staff Report,pp. 1-2 and attached MDNS. City of Pasco Hearing Examiner Page 1 of 4 Decision, Special Permit, SP 2020-012 3 does not require a new hydrant if the current one suffices. He also asked whether a traffic impact analysis is required as noted in the Staff Report's proposed Finding 27. The Department confirmed the reference is an error, and noted that on proposed Conditions 8 and 9, traffic mitigation depends on ultimate use. The Department later submitted a revised Condition 8. Excepting these questions, the Applicant identified no issues with the Staff Report and confirmed there were no other concerns with the proposed conditions. No person from the public indicated a wish to testify. 1.8 Notice. Hearing notice was mailed to property owners within 300 feet and published in the Tri-City Herald September 25, 2020. PMC notice requirements were met.3 No written public comment was received. (The matter was initially heard in October, but continued to the next available hearing date as the record at the time was incomplete). 1.9 Access. Road 36 and West Irving Street provide access. The Staff Report outlines right-of-way improvements to ensure safe vehicular and pedestrian access to accommodate the project's added vehicle and non-vehicular trips and ensure development consistent with City transportation requirements. 1.10 Utilities. City water and sewer are available in Road 36, West Sylvester Street, and West Irving Street. 1.11 Design. The building design will complement the existing building in construction materials and architectural features. 1.12 Site Development. A City of Pasco commercial construction permit will be required, as well as a General Stormwater Permit through the Washington State Department of Ecology. There are no known cultural resources on or near the site. The site was previously developed with a house that was demolished in the early 2000s. 1.13 Conditions and Staff Report. The Department's proposed conditions, which the Applicant has accepted, should be imposed without substantive revision, except for the clarification to Condition 8, per Finding 1.7 above. Except as the Decision modifies it, including the removal of the Report's proposing Finding 27, the Staff Report is incorporated. 2. CONCLUSIONS A church is an "unclassified use" in the Pasco Municipal Code and requires a Special Permit.4 The Hearing Examiner may only grant one if the proposal adequately addresses whether: (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; s PMC 25.200.070. 4 PMC 25.35.040;PMC 25.200.020. City of Pasco Hearing Examiner Page 2 of 4 Decision, Special Permit, SP 2020-012 (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 districts The Comprehensive Plan designates the site and surrounding areas for low-density residential development. The Plan does not specifically address churches, but various elements of the Plan encourage adequate provision of off-street parking and locating businesses in appropriate locations for their anticipated uses. Plan policies also encourage the location of facilities for educational and cultural activities in the City. Adequate sewer and water facilities are in place to support the facility. Transportation facility mitigation will be provided to ensure the transportation infrastructure is adequate. The project is designed consistent with the character of surrounding uses and does not discourage development of permitted uses in the vicinity. Traffic impacts, including site accessibility impacts, and transportation safety, are mitigated with the Staff Report's outlined conditions. Noise, fumes, vibrations, dust, and flashing lights, and other impacts are no greater than other permitted commercial uses within the district. As mitigated, the proposal will not endanger the public health and safety, and if code and project conditions are followed, will not constitute a nuisance. DECISION The Hearing Examiner approves the Special Permit, subject to these conditions. 1. The Special Permit shall apply to tax parcels 119-422-401 and 119-422-045, and any subsequent subdivisions thereof. 2. The property shall be developed in substantial conformance with the site plan submitted with the special permit application, except as herein modified. 3. IFC Appendix B & C-compliant fire hydrants shall be installed. 4. An NFPA 72/IFC-compliant fire alarm shall be installed. 5. An NFPA 13/IFC-compliant fire sprinkler system shall be installed. 5 PMC 25.200.080. City of Pasco Hearing Examiner Page 3 of 4 Decision, Special Permit, SP 2020-012 6. A"Knox Box" shall be installed at the main entry. 7. IFC Section 5-compliant Premise Identification shall be provided. S. A traffic mitigation plan - which identifies the uses of the new facility and is prepared by a licensed traffic engineer - shall be prepared and approved by the City in accordance with the City of Pasco's most recent Design and Construction Standards and Specifications. 9. The traffic mitigation plan shall be incorporated into conditions of approval for the building permit(s) as applicable. 10. The right-of-way radius at the corner of Road 36 and Sylvester Street shall be dedicated to the City of Pasco. 11. The Road 36 right-of-way (30') along the west side of the site shall be dedicated to the public for road purposes. 12. Curb, gutter and sidewalk shall be installed in the property frontages along Sylvester Street, Road 36 and West Irving Street as part of the development of this project. 13. The driveway entrance located at the intersection of Road 36 and Sylvester Street on the northwest corner of the lot shall be eliminated. 14. The closed driveway area at the corner of Road 36 and Sylvester Street shall be landscaped. 15. The Special Permit shall be null and void if the required improvements are not completed within two years of approval of this Special Permit. Absent a timely appeal,this Decision is final.6 DECISION entered December 24, 2020. r' City of Pasco Hearing Examiner Susan Elizabeth Drummond 6 See Ch.36.70C RCW(establishing 21-day appeal period to superior court). City of Pasco Hearing Examiner Page 4 of 4 Decision, Special Permit, SP 2020-012