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HomeMy WebLinkAboutHE Determination SP 2020-009 Repeat Boutique Special Permit CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION Special Permit, SP 2020-009 Repeat Boutique Thrift Store July 14, 2020 1. FINDINGS OF FACT 1.1 Proposal. Special Permit request for a 12,002 square foot donation-based retail thrift store, including office and processing area, on a 5.46-acre site. The store will be within an existing strip mall. 1.2 Location. 5710 Road 68, Suite 104. The site is northwest of the intersection of Road 68 and Sandifur Parkway, between Roads 68 and 76. Assessor Parcel No. 116-030-015. 1.3 Applicant. Chaplaincy Health Care, 1480 Fowler Street, Richland, WA 99352. 1.4 Site and Surrounding Zoning/Uses. The relatively flat site is zoned C-1 (Retail Business) and is developed with a retail strip mall. Surrounding zoning and land uses are: North: C-1, vacant NE: RT, crop circle (across Road 68) SE: C-1, vacant and bank South: C-1, retail commercial West: R-3, duplexes 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), site plan, photographs, and DNS. Except as revised, the Staff Report is incorporated. The Examiner reviewed and admitted email comment dated July 6, 2020, from Jim Main of Chaplaincy Health Care noting required tenant improvement permits had been secured. 1.6 SEPA. The Department issued an unappealed Determination of Non-Significance. SEPA review is complete. 1.7 Hearing. An open record public hearing was held July 8, 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 July 13. No additional written comments were received. City of Pasco Hearing Examiner Page 1 of 4 Decision, Special Permit, SP 2020-009 The Department identified key points from the Staff Report. The Applicant, through Mr. Castillo, Executive Director of Chaplaincy Health Care, further addressed the proposal. Business proceeds will support the hospice house which has been in the community for close to 25 years. And, there are no concerns with the proposed conditions. Mr. Main also spoke. The other stores have not had after hours drop-offs, but conditions addressing the concern are fine. No other 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 per code.' There were no objections to approval provided requirements are met. PMC notice requirements were met. 1.9 Project Design. The project will meet C-1 zoning height limits and other development standards. As with previous thrift store operations, signage warning against after hour deposits will be posted and the donation area will be monitored by surveillance camera. The Applicant has committed to monitoring the store exterior to keep it clean and presentable, as the Staff Report details, and as outlined in the proposed conditions. 1.10 Use Operation. The thrift store will operate as a boutique style store that sells better quality donated merchandise, with all proceeds to benefit Chaplaincy Hospice Care. The retail store will occupy 10,000 square feet; the remaining 2,000 square feet will be for office use and merchandise processing. The store will accept donations during business hours at two building entrances, and will not have drop off containers nor accept after-hours donations. Normal business hours will be Monday-Saturday 10 AM to 6 PM, and 10 AM to 5 PM during winter. 1.11 Traffic. The proposed use could generate up to 531 trips per day,2 which can be accommodated by the existing road system. Parking will be provided consistent with code requirements. 1.12 Access. Road 68 and Road 76. 1.13 Utilities. Water is available from Roads 68 and 76; sewer and irrigation are available from Road 76. 1.14 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 2.1 The C-1 zone allows thrift shops by Special Permit, provided a new thrift shop is not within 1,000 feet of an existing consignment store, thrift store, or pawn shop.3 A Goodwill retail outlet and office complex was recently approved, but is 1,438 feet to the south along Road 76. 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 'PMC 25.200.070,25.210.040. 2 Staff Report,p. 2. 3 PMC 25.165.170(1). City of Pasco Hearing Examiner Page 2 of 4 Decision, Special Permit, SP 2020-009 of its total floor space devoted to retail sales."4 Repeat Boutique's proposal is to operate a donation-based retail thrift shop and donations site, including office and merchandise processing areas. The use qualifies as a"thrift shop." 2.2 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 districts 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.6 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 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. Project location and height is appropriate for the. Noise, fumes, vibrations, dust, traffic impacts, flashing lights, and other impacts are no greater than other permitted commercial uses within the district. With the required conditions, the proposal will not endanger the public health and safety, and if codes and project conditions are followed, will not constitute a nuisance. 4 PMC 25.15.220. 5 PMC 25.200.080. 6 Staff Report,pp. 1-2. City of Pasco Hearing Examiner Page 3 of 4 Decision, Special Permit, SP 2020-009 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. 116-030-015 and any subsequent subdivisions thereof. 2. A monitoring plan shall be submitted to the Director of Community and Economic Development for approval. 3. A warning sign indicating the donation area is monitored by surveillance cameras shall be posted to deter illegal dumping. 4. A minimum of one surveillance camera shall be installed to deter illegal dumping. 5. 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. 6. No outdoor storage of equipment or materials shall be allowed. 7. The Special Permit shall be null and void if all necessary building permits have not been obtained within one year of Special Permit approval. Absent a timely appeal,this Decision is final. DECISION entered July 14, 2020. 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 4 of 4 Decision, Special Permit, SP 2020-009