HomeMy WebLinkAboutHE Determination SP 2021-002 Pasco Haven CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION
Special Permit and Variance
Pasco Haven Low-Barrier Affordable Housing, SP 2021-002
March 29, 2021
1. FINDINGS OF FACT
1.1 Proposal. Special Permit request for a 60-unit low-barrier affordable housing
project on a vacant 1.5 acre site. A four-story 55-foot tall building is proposed, to include office
space for service providers on the ground floor, single-occupancy residential units on the floors
above, 44 parking spaces, and perimeter fencing.
1.2 Location. Southeast corner of West Lewis Street and South 201h Avenue.
Assessor Parcel No. 112-230-168. Lot 1 Binding Site Plan 2009-05.
1.3 Applicant. Catholic Housing Services of Eastern Washington, c/o Jonathan
Mallahan, 905 W. Riverside, Suite 202, Spokane, WA 99201.
1.4 Site and Surrounding Zoning/Uses. The Comprehensive Plan designates the site
for Commercial. The site is zoned I-1 (Industrial), C-1 (Retail Business), and C-3 (General
Business). Surrounding zoning and uses are:
North: C-1, retail commercial, vacant
East: C-1, vacant
South: C-3, vacant
West: I-1, industrial
1.5 Evidence Reviewed. The Examiner admitted the Community and Economic
Development Department's ("Department") Staff Report, Exhibit 1 (mitigation plan), site plan,
floor plans, elevations, maps of the site and surrounding area (overview, vicinity, use, zoning,
and comprehensive plan), area photographs, the MDNS, and application notice. Just before the
hearing, the Examiner received a legal memorandum from the Applicant and several supporting
comment letters. Following the hearing, the Applicant and Department submitted additional
materials on a proposed condition related to bus stop construction. Also submitted were six
comments supporting the proposal.
1.6 SEPA. The City issued an MDNS requiring a cultural resources survey prior to
any site improvements.No comments or appeals were received!
1.7 Hearing. A properly noticed 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
1 Staff Report,p. 2;MDNS(February 3,2021);see also Notice of Application/SEPA Determination(January 19,
2021).
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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 six days, through March 16. No additional
written comments were received.
The Department, through Mr. Adams, summarized the project, and the Applicant,
through Mr. Mallahan, provided additional detail. He stated many expected residents are now
housed across the street in temporary or emergency housing provided through a motel. Also, the
use will not function as a service stop for individuals who are not residents. Mr. Mallahan stated
that as a result of Project outreach, to minimize loitering, the building entrance was moved from
along the street front to the building's center. He wanted to confirm that the bus stop
improvements the conditions identify are in fact needed. He received information suggesting that
the transit agency does not need the stop and another can serve the property. Counsel for the
Applicant, Mr. Hume, commented on the legal framework for permit review, and reiterated the
Applicant's question on transit agency need for the bus stop improvements. No citizen indicated
a wish to comment.
1.8 Notice. Hearing notice was published in the Tri-City Herald and mailed to
property owners within 300 feet on February 19, 2021. Code requirements were met. No
concerns on notice were raised.2
1.9 Written Comment. Multiple comments voiced support for the proposal. There
were no opposition comments.
1.10 Use Operation and Project Design. Owned and operated by nonprofit Catholic
Housing Services of Eastern Washington, the permanent supportive housing project will
primarily serve individuals who have experienced homelessness, chronic mental illnesses, or
extreme poverty. There will be up to three property management/maintenance team members
trained/equipped to manage and respond to resident needs. Residents are provided with 24/7
access to an emergency call number. There is on-site access to services including peer-support,
dually licensed behavioral health and substance abuse counselors, fresh food options and case
management. Besides on-site services, other organizations are partnered with to provide access
to primary healthcare, employment support, and oth er support services.
Buildings will incorporate principles of trauma-informed design. Design elements include
wider hallways, more open spaces and increased natural lighting to create an environment
conducive to recovering from the trauma of homelessness.
Building access will be controlled using an electronic lock system. Only residents and
authorized staff/partners are given key fobs for building access. Each fob's access is restricted to
the floor the resident lives on and common areas. Internet-enabled security cameras allow remote
monitoring. Besides the perimeter fence, Crime Prevention Through Environmental Design
principles will be incorporated. Lighting, landscaping and floors will be designed with security
and crime prevention in mind.
Property managers are trained to proactively identify challenges through unit inspections
and regular resident engagement. When problems do arise, staff are trained to respond quickly
2 Staff Report,p. 3;PMC 25.200.070 and PMC 25.210.040.
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and consistently in person and in writing. On-site support staff are collaborated with to develop
resident-focused solutions to change behavior.
Residents must sign a lease agreement as a residency condition. The agreement addresses
unit cleanliness, visitor requirements, quiet hours, and other issues. The agreement prohibits
marijuana use and illegal drugs. Some residents will struggle with substance abuse disorder;
programming supports residents in healing. Some residents will slip up. A resident is not evicted
based on addiction. However, addiction related behaviors are managed. If a resident's addiction
is causing behavior that violates the lease or creates a disruption to other residents/neighbors'
peaceful enjoyment of their homes, the residency is at risk. Residents must commit to a good
neighbor agreement with standards of conduct applying within two miles of the site. If a
resident's behaviors contradict their lease/good neighbor agreement within two miles, the
response is formulated as if the behavior occurred on site.
The Applicant works closely with police departments to respond to on or off-site criminal
behavior. This includes providing officers with key fobs to access the building. If notice is
received from the police that a resident has been arrested for a serious crime against people or
property, the Applicant can respond with a three-day eviction notice. With less serious or
repeated violation of house rules, residents are given the option of entering into a risk to tenancy
agreement in lieu of eviction. These agreements mandate participation in additional services and
support as a condition of residence.
The on-site staff schedule regular resident activities to build positive relationships among
residents. Monthly resident town hall meetings help management keep in touch with residents
and ensure programming responds to their needs. In other buildings, residents have set up regular
fishing trips, cooking classes, pizza nights and other activities. On-site facilities will promote
such activities (i.e., basketball court, recreation room, and/or community garden).
1.11 Traffic/Parking. The proposal will not generate significant traffic impacts. A few
residents may own cars; most will not. The proposed 44 parking spaces are expected to be
adequate for residents, employees, and visiting service providers. Based on one space for every
three residents (or 20 spaces here), along with one space for every two employees,3 the project
has adequate parking.
1.12 Transit Service. Most, if not all, of the planned 60 residents will rely on public
transportation as they are unlikely to have personal vehicles. There are high vehicular speeds in
front of the building. The speed limit on Lewis Street is 45 mph, which drops to 35 mph after
20t'Avenue. Vehicles proceed through the intersection at 45 mph. To address Project impacts
and these risks, the Department proposed Condition 6. Condition 6 requires the Applicant to
construct a turn pocket, bus stop, and bus shelter. At the hearing, the Applicant stated it thought
the transit agency would not be siting a stop in front of the use. Following the hearing, Ben
Franklin Transit confirmed the safety issues present at this location, and in an e-mail dated
March 10 stated:
s PMC 25.185.170,see e.g.congregate care.This is guidance only,as the use is not an exact fit.
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While we currently turn our Route 150 from Lewis Street onto 20th Avenue, there
may at some time be need for a future bus stop along Pasco Haven Lewis Street
frontage. A curb tight 8' sidewalk ensures we have the depth required for an ADA
landing pad, but a 10' sidewalk provides additional room for future amenities as
well. Any such future bus stop sign would be placed approximately 50' beyond
the intersection. Please consider preserving space for future transit access, i.e.
revisit the fence line, look at some of the awnings as potential shade and shelter,
etc. Meanwhile we will examine the existing stop locations in the vicinity and see
how they might serve the residents.
The Applicant provided a March 12 e-mail, which copied Ben Franklin Transit:
1) The transit authority does not have current service planned for a bus stop at the
front(Lewis) of our project but a future stop there may be appropriate after
further analysis by the transit authority.
2) The Transit Authority's primary concern is to have adequate space for a bus
stop and a possible shelter.
3)Mr. Barlow has reviewed our survey and is satisfied there is adequate space in
the public ROW for the necessary improvement related to a possible future bus
stop along Lewis.
4)Pasco Haven has no intention to encroach into this public ROW and is
supportive of a future bus stop in this location.
5) The Transit Authority has reiterated that any improvements of a future bus stop
including a pullout and/or shelter would be at their expense.
Ben Franklin Transit confirmed this was accurate, except "regarding the pull out, the
statement is misleading as BFT never once agreed to pay for the pull out, but instead said we do
not see a necessity for the pull out anytime in the near future."
It is difficult to require bus stop improvements the transit agency is not presently
planning for. However, there is a need for safe resident transit to and from the facility. Just as
vehicular entry and exit and necessary road improvements must be addressed, non-vehicular
transit must be as well. As most residents will not operate cars, this is particularly true here.
The Applicant does need to address the transit impacts its facility creates. The Applicant
has coordinated with the transit agency, supports the bus stop, and is not encroaching into the
right-of-way. Ben Franklin Transit confirmed sufficient space has been reserved should the stop
be needed in future. The proposed condition should be revised to allow the Applicant flexibility
in documenting safe access to transit service. While the impact could be addressed through the
Department proposed bus stop improvements, the issue could also be addressed by documenting
safe walking conditions to the transit stop the Applicant stated is now available to residents.
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1.13 Access. West Lewis Street and South 20th Avenue.
1.14 Utilities. City water and sewer are available.
1.15 Landscaping. There will be at least ten feet of landscaping on all sides of the
property.
1.16 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, as detailed in Finding 1.12. Except as the Decision revises it, the Staff
Report is incorporated.
2. CONCLUSIONS
2.1 Special Use Permit. The use requires a Special Use Permit. It is a Community
Service Facilities use,4 Level Two, which includes "community service housing" uses.
"Community service facilities" include, but are not limited to ... community service housing, ...
and other similar uses which provide social, health and welfare service for citizens....5 This type
of use, as it is not specifically identified by zone category, is considered an Unclassified Use,
which may be permitted in any district by Special Use Permit.6 The Hearing Examiner may grant
a special permit 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;
(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.
a PMC 25.15.050.See also definitions for Community Service Housing and Community Service Facilities,Level 1.
5 PMC 25.15.050.
6 PMC 25.200.010;PMC 25.200.020(4).
PMC 25.200.080.
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The Comprehensive Plan provides for urban growth to be adequately served by a range of
facilities, including those addressing homelessness. The Plan provides for public or quasi-public
facilities to be sited by Special Permit in all districts (excepting I-3). Plan siting criteria include a
need for the facility, land suitable for the facility, location near adequate circulation routes,
mitigation for land use impacts, and availability of necessary utilities to serve the use.
Given the City's homeless challenges the facility is needed, as detailed in the Plan and
record. With mitigation, the site selected is suitable; with further planning, adequate
transportation services can be provided. The Applicant has developed mitigation to address land
use impacts and necessary utilities can serve the facility. The record supports a conclusion that
the model being used here can help achieve stated Plan goals and policies on addressing housing
challenges. The proposal contrasts with other approaches which may lack metrics to support
achievement of stated goals. The code siting criteria, besides requiring Comprehensive Plan
consistency, further address the Plan's criteria for Special Permit review. These criteria are also
met.
As mitigated, transportation infrastructure, and sewer and water facilities, will adequately
serve the facility. Through setbacks, landscaping, and architectural design, the project will be
consistent with the character of surrounding uses and will not discourage development of
permitted uses in the vicinity. Fumes, vibrations, dust, traffic impacts, and other impacts are no
greater than other permitted uses within the district. With the security measures outlined and in
the record, the proposal will not endanger the public health and safety, and if codes and project
conditions are followed, will not constitute a nuisance. The zoning district the use is in is
designed for industrial and retail/commercial development, allowing the use only if not
detrimental to those uses.
A small portion of the structure, in the C-1 zone, will be 55 feet in height, which exceeds
the standard 35-foot height limit. The C-1 zoning provides that "greater height may be approved
by special permit."8 Given the Applicant's attention to design, and maximizing development on
the site in the area without height limits, coupled with the limited portion of the structure subject
to the height limitation, allowing the requested deviation is consistent with the Special Permit
criteria, and should be approved.
2.2 Variance. A variance is not required as the height deviation is allowed through
Special Use Permit review. However, at Applicant request, the variance criteria are addressed.
The Examiner may grant a variance if these criteria are met:
Because of special circumstances applicable to the subject property, including
size, shape, topography, location of surroundings, the strict application of the
zoning ordinance is found to deprive subject property of rights and privileges
enjoyed by other properties in the vicinity and under identical zone classification.
The granting of the variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and zone in
which the subject property is situated.
8 PMC 25.85.050(4).
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The special circumstances applicable to the subject property were not created
through the action(s) of the applicant or any predecessor in interest.9
Special circumstances are present. The site is split by three zoning districts: I-1
(Industrial), C-1 (Retail Business), and C-3 (General Business). Each zone allows the use by
Special Permit, but different height limits apply. There is no height limit in the I-1 zone, the C-1
zone limits height to 35 feet, and the C-3 zone limits height to 45 feet. The structure will be 55
feet tall and generally in the I-1 zone, where no height limit applies. A small portion of the
building is in the C-1 zone, which limits height to 35 feet. The Applicant did not create these
unusual zoning conditions. The Applicant has paid close attention to building design, and
requiring a step-down in height is unnecessary to avoid material detriment to the public welfare.
The structure is appropriate for the setting, and the height increase on a small portion of the
building does not adversely affect the public welfare. The variance should be approved.
DECISION
The Hearing Examiner, pursuant to the above Findings of Fact and Conclusions of Law,
approves the requested Special Permit and Variance, subject to these conditions.
1. The approvals shall apply to Tax Parcel #112230168 and any subsequent
subdivisions thereof.
2. Sidewalk abutting South 20th Avenue must be located in the public right of way or
an easement dedicated to the City of Pasco.
3. No outdoor storage of equipment or materials shall be allowed.
4. An architectural block wall with a minimum height of 6 feet, except for a section
with a height of 3.5' to be located within 20' of all street frontage property lines, shall be
installed ten feet back from and parallel to the street frontage property lines.
5. A 10' wide landscaping screen or buffer approved by the City shall be planted
along all property lines of the site.
6. The Applicant must provide and/or document safe walking/transit conditions to
and from the use. Either of two options may be used to do this:
(a) In consultation with the Ben Franklin Transit Authority, a turn pocket, bus stop, and
bus shelter shall be installed in the Right-of-Way along the West Lewis Street property line of
the site; or,
(b) In consultation with Ben Franklin Transit, document safe walking conditions to the
bus stop described at the hearing, and provide to the Department.
7. Parking spaces for multiple-family dwellings shall not be located in the front
setback area fronting along South 20th Avenue.
9 PMC 25.195.020(1)(a-c).
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8. Utilities must be extended "to and through" the length of the property frontage of
the parcel at the time of development.
9. Concurrency development standards as per PMC 12.36.050 shall apply.
10. The site shall be developed and the buildings constructed in substantial
conformance with the approved site plans.
11. The site shall be developed and the buildings constructed in conformance with the
Commercial Corridors Standards found in PMC 25.135.
12. The site shall be maintained and operated in conformance with the Mitigation
Plan submitted (See Exhibit#1 from the Applicant, accompanying the Staff Report).
13. The Special Permit and Variance shall be null and void if all necessary building
permits have not been obtained within two years of Special Permit approval.
14. The Special Permit shall be null and void if site is not maintained and operated in
conformance with the Mitigation Plan submitted (See Exhibit #1 from the Applicant,
accompanying the Staff Report).
Absent a timely appeal,this Decision is fmal.10
DECISION entered March 29, 2021.
City of Pasco Hearing Examiner
Susan Elizabeth Drummond
io 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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