HomeMy WebLinkAboutHE Determination SP 2021-003 Guzman Special Permit CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION
Guzman Daycare Center Special Permit, SP 2021-003
March 25, 2021
1. FINDINGS OF FACT
1.1 Proposal. Special Permit request to operate a daycare facility, including a 500
square foot addition to an existing 2,000 square foot house.
1.2 Location. 4417 West Sylvester Street, Pasco, WA 99301. Assessor Parcel No.
119-564-125. Lot 1, Short Plat 2018-25.
1.3 Applicant. Zaida Guzman, 2813 Road 48, Pasco, WA 99301.
1.4 Site and Surrounding Zoning/Uses. The .53 acre site is zoned RS-12 (Suburban)
and is developed with a single-family residence and garage. Surrounding properties are zoned
RS-12 and RS-20 and fully developed with single-family residences.
1.5 Comprehensive Plan. The site is primarily intended for low-density residential
use. The Plan does not specifically address daycare centers, but the Plan encourages locating
amenities in appropriate sites for their anticipated uses, and locating educational facilities
throughout the City.
1.6 Evidence Reviewed. The Examiner admitted the Community and Economic
Development Department's ("Department") Staff Report, application materials, maps (overview,
vicinity, land use, zoning, and plan), site plan, photographs, and DNS. Except as revised, the
Staff Report is incorporated.
1.7 SEPA. The City of Pasco issued an unappealed Determination of Non-
Significance.' SEPA review is complete.
1.8 Hearing. An open record public hearing was held on March 10, 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 March 12. No additional written comments were
received. At the hearing, the Department, through Mr. Adams, summarized the project. 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.2
1 Staff Report,p. 1;DNS(February 16,2021).
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1.10 Use Operation. The proposed daycare would house up to six employees and 25
children ages one month to six years old, and would operate much like a school.
1.11 Access. West Sylvester Street, a major east/west arterial. A Ben-Franklin Transit
stop is in front of the property.
1.12 Traffic/Parking. City Code requires one parking space for each employee and
one space per 6 children.3 The facility requires 11 parking spaces. The daycare facility will
generate approximately 109.5 trips per weekday. The existing circular driveway is permitted, but
the driveway approaches do not conform to City standards, PMC Design Standard ST-5. Street
improvements will be required.4 Right-of-way improvements, including curb, gutter, and
sidewalk, will be required at the time of development.
1.13 Utilities. Water and sewer are available from Road 36.
1.14 Fire Safety. The facility is required to meet WSP Fire Protection Bureau Fire and
Life Safety Inspection requirements.
1.15 Conditions. To ensure project development consistent with City requirements and
findings, the Department's proposed conditions should be imposed without substantive revision,
with one exception. In Condition 7, procedures should be outlined for declaring the permit null
and void to ensure the Applicant has notice and an opportunity to be heard. Except as the
Decision revises it, the Staff Report is incorporated.
2. CONCLUSIONS
A preschool is an "unclassified use" in the Pasco Municipal Code and requires a special
permits 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;
2 Staff Report,p.3;PMC 25.200.070 and 25.210.040.
s PMC 25.185.170(3).
4 PMC 21.15.030.
5 PMC 25.75.040(3);PMC 25.200.020(4);PMC 25.15.050.
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(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
As detailed in the Staff Report and Application, the project is consistent with the
Comprehensive Plan, which supports providing educational facilities throughout the City.
Adequate infrastructure is present or will be provided consistent with requirements, including
transportation and utility services. As long as code requirements are followed, there will not be
significant impacts from noise, fumes, vibrations, dust, traffic, and flashing lights. The proposal
is consistent with the public health and safety. Project design, as well as the educational use
itself, are in harmony with and support the surrounding community. The use should be approved.
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 Parcel No. 119-564-125.
2. The Applicant shall obtain approval from the applicable City development review
process.
3. Parking shall be provided as per PMC 25.185.170.
4. The building and grounds of the daycare/preschool shall be maintained in a
professional manner at all times.
5. The Applicant shall maintain all necessary DSHS licenses.
6. The Special Permit shall be null and void if a City of Pasco building permit is not
issued within two calendar years of City Special Permit approval.
7. The Special Permit shall be null and void if the above conditions are not met. For
the Examiner to declare the permit null and void, and rescind the permit, the Applicant shall be
provided advance mailed notice of no less than 14 (fourteen) days to the last known address and
an opportunity to address the alleged violations at a hearing before the Hearing Examiner. This
enforcement mechanism does not preclude the City from using other remedies.
6 PMC 25.200.080.
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Absent a timely appeal,this Decision is fmal.7
DECISION entered March 25,2021.
ity of Pasco He ng Examiner
Susan Elizabeth Drummond
See Ch.35.700 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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