HomeMy WebLinkAboutHE Determination SP 2020-017 PSD Lakeview ELC Special Permit CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION
Special Permit, SP 2020-017
Pasco School District Lakeview Early Learning Center
January 19,2021
1. FINDINGS OF FACT
1.1 Proposal. Special Permit request for a preschool/Early Learning Center (ELC) at
the Lakeview Mobile Home Park, including two portable buildings and associated site
improvements, on a small undeveloped area within a 45-acre mobile home park.
1.2 Location. 1505 South Road 40 E., Pasco, WA 99301. Assessor Parcel No. 112-
550-053.'
1.3 Applicant.Nicole Stickney/AHBL/Pasco School District#1, 5804 Road 90, Suite
H, Pasco, WA 99301.
1.4 Site and Surrounding Zoning/Uses. The site is zoned RP (Residential Park).
The parcel is approximately 45 acres overall and is developed with a mobile home park
containing a house, various outbuildings, and approximately 271 mobile home units. The ELC
site will occupy one third of an acre near the park's southwest corner. There are no critical areas
or known historic resources on or near the site. Surrounding zoning and land uses are:
North: I-1, agricultural crop circle
East: I-1, agricultural crop circle
South: I-2, vacant
West: I-1, vacant
1.5 Comprehensive Plan. The site is primarily intended for industrial use. As such,
the existing RP zoning is not identified as an implementing designation. However, the Plan
encourages locating amenities in appropriate sites for their anticipated uses; infilling to protect
open space and support walkable neighborhoods; and, locating educational facilities throughout
the City.
1.6 Evidence Reviewed. The Examiner admitted the Community and Economic
Development Department's ("Department") Revised Staff Report, maps, (overview, vicinity,
land use, and zoning), photographs, application materials, site plan, SEPA Checklist, and DNS.
Except as revised, the Staff Report is incorporated.
1.7 SEPA. The Pasco School District issued an unappealed Determination of Non-
Significance including requirements for an inadvertent discovery protocol for cultural or
historical artifacts, and compliance with City requirements.2 SEPA review is complete.
1 The Staff Report contains the legal description.
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Decision, Special Permit, SP 2020-017
1.8 Hearing. An open record public hearing was held on January 13, 2021. 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 January 15. No additional written comments were
received. At the hearing, the Department, through Mr. Adams, summarized the project. The
Applicant, through Ms. Stickney, further described the proposal, including additional detail on
stormwater management. There was no public comment.
1.9 Notice. Hearing notice was mailed to property owners within 300 feet and
published in the Tri-City Herald. There were no objections to approval provided requirements
are met. PMC notice requirements were met.3
1.10 Project Details. Located on about one-third of an acre of the park site, the ELC
project includes two ADA-accessible 32' x 64' portable buildings totaling approximately 4,096
square feet of indoor classroom, office, and restroom space. The school will accommodate
approximately 80 students and 10 to 12 staff. Site improvements include utility extensions,
parking, and walkways to the classrooms. There will be minimal grading on site; development of
the portables will include asphalt pad, skirting, landscaping, and fencing around the sides and
rear.
1.11 Use Operation. The ELC will house some of the district's Early Childhood
Assistance Program classes and special education preschool classes for students ages 3 to 5 who
reside at the mobile home park. No district transportation would be required. The general hours
of operation will be Monday-Friday 8:00 AM to 5:00 PM from late August through the end of
June. The facility may be open at certain times during the summer months for possible summer
programming, parent/community summer events, and registration events.
1.12 Access. Internal park"D" Street from South Road 40 East.
1.13 Traffic/Parking. The intersection of Road 40 East and "D" Street is problematic
in terms of the vision triangle as it interrelates with the 40-mph speed limit on Road 40 East, and
a traffic mitigation plan will be required.4 Parking spaces are provided (10-11, including 2
handicap)to meet code requirements.
1.14 Utilities. Water and sewer are available from South Road 40 East.
1.15 Fire Safety. The project is outside the 6-minute fire response time, and conditions
are included for fire safety.5
1.16 Conditions. To ensure project development consistent with City requirements and
findings, the Department's proposed conditions should be imposed without substantive revision.
The Staff Report is incorporated.
2 Staff Report,p.2.
3 Staff Report,p.4.PMC 21.200.070,25.210.040.
4 Conditions 9 and 10.
5 Conditions 4 through 8.
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Decision, Special Permit, SP 2020-017
2. CONCLUSIONS
A preschool is an "unclassified use" in the Pasco Municipal Code and requires a 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;
(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 Plan supports providing educational facilities throughout the City, and the project is
ideally located proximate to the population it will be serving. As detailed in the Staff Report and
Application, the project is consistent.8
Adequate infrastructure is provided consistent with requirements, including traffic
mitigation, stormwater management, and utility services. As designed and landscaped, the use
will be in harmony with and support the surrounding residential uses. As long as code
requirements are followed, there will not be significant impacts from noise, fumes, vibrations,
dust, traffic, and flashing lights. The use encourages, rather than discourages, the development of
permitted uses.
The proposal is consistent with the public health and safety. Project design, as well as the
educational use itself, support the surrounding community. The use should be approved.
6 PMC 25.75.040(3);PMC 25.200.020(4).
PMC 25.200.080.
8 The Application,pp. 3-5,also detail project consistency with these criteria.These three pages are incorporated.
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Decision, Special Permit, SP 2020-017
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 the property located at 1505 South Road 40 E.
(Parcel No. 112-550-053) 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. The property shall be developed in substantial conformance with current Pasco
Municipal Code building codes and development requirements.
4. IFC Appendix B & C-compliant fire hydrants shall be installed.
5. An NFPA 72/IFC-compliant fire alarm shall be installed.
6. An NFPA 13/IFC-compliant fire sprinkler system shall be installed.
7. A"Knox Box" shall be installed at the main entry.
8. IFC Section 5-compliant Premise Identification shall be provided.
9. A traffic mitigation plan shall be prepared and approved by the City in accordance
with the City of Pasco's most recent Design and Construction Standards and Specifications to
address mitigation for safety for the vision triangle at the intersection of Road 40 East and "D"
Street and other applicable traffic considerations.
10 The traffic mitigation plan shall be incorporated into conditions of approval for
the building permit(s) as applicable.
11. 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 fmal.9
DECISION entered January 19, 2021.
City of Pasco Hearing Elf4iiiner
Susan Elizabeth Drummond
9 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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Decision, Special Permit, SP 2020-017