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HomeMy WebLinkAboutHE Determination SP 2021-006 Gutierrez Day Care CITY OF PASCO HEARING EXAMINER CORRECTED FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION Special Permit, SP 2021-006 Daycare Center June 17, 2021 1. FINDINGS OF FACT 1.1 Proposal. Special Permit request for a daycare facility on a .23 acre parcel. 1.2 Location. 1731 West Clark Street. Assessor Parcel No. 112 212 428. 1.3 Applicant. Elodia Gutierrez, 1803 W Bonneville Street, Pasco, WA 99301. 1.4 Site and Surrounding Zoning/Uses. The site is zoned O (Office), and is developed with a commercial office structure. Surrounding zoning and land uses are: North: R-1/R-2, Single Family Dwelling Units East: R-2, Single Family Dwelling Units South: C-1, Commercial West: C-3, Motel 1.5 Comprehensive Plan. The site is primarily intended for Low Density Residential uses. The Plan provides for educational facilities to be sited throughout the Urban Growth Area. 1.6 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, zoning, and plan), along with the application, hearing notice, and SEPA determination. Except as revised, the Staff Report is incorporated. 1.7 SEPA. The Department issued an unappealed Determination of Non-Significance. SEPA review is complete. 1.8 Hearing. An open record public hearing was held May 12. 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 May 13. No additional written comments were received. The Department, through Mr. Adams, identified key points from the Staff Report. The Applicant did not appear and no person from the public indicated a wish to testify. 1 One correction was made.Finding 1.10 corrects the planned age range of children cared for. City of Pasco Hearing Examiner Page 1 of 4 Decision, Special Permit, SP 2021-006 1.9 Notice. Hearing notice was mailed to property owners within 300 feet and published in the Tri-City Herald on April 27. No notice concerns were raised. PMC notice requirements were met.2 1.10 Use Operation. The use will operate in an existing structure. The proposed daycare facility would house up to four employees and 22 children, and would operate much like a school. The children will range in age from one month to five years of age. 1.11 Access and Traffic. The site is near West Lewis Street, a major east/west arterial. A Ben-Franklin Transit Stop is on North 20th Avenue 1/3 mile away. The site is expected to generate around 96.36 strips per weekday with 22 students. 1.12 Parking. PMC requires one parking space for each employee and one for every six children.3 The facility can provide nine spaces. Parking requirements are met. 1.13 Utilities. City water and sewer serve the building. 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 Daycare facilities, defined as Community Service Facilities, Level One,4 require Special Permit review.5 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 2 PMC 25.200.070,25.210.040. 'PMC 25.185.170. 4 PMC 25.15.050. 5 PMC 25.200.020(4);PMC 25.80.040(5). City of Pasco Hearing Examiner Page 2 of 4 Decision, Special Permit, SP 2021-006 (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 The Comprehensive Plan designates the site for low density residential development. The proposed daycare is consistent with Plan Goal OF-5, which encourages the location of educational facilities throughout the Urban Growth Area, and the zoning code authorizes the use, if approved by Special Use Permit. Adequate sewer, water, and transportation facilities are in place to support the facility, and the project will be operated consistent with the character of surrounding uses. The existing building location and height are appropriate for the area and the use will not discourage development of permitted uses in the area. Traffic will increase, but not significantly. Noise, fumes, vibrations, dust, traffic, flashing lights, and other impacts are no greater than other permitted uses within the district. The proposal does not endanger the public health and safety, and if codes and project conditions are followed, will not constitute a nuisance. 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. 112 212 428. 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 must be maintained in a professional manner at all times. 5. The applicant shall maintain all necessary Washington State Department of Children, Youth and Families (DCYF) 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. 6 PMC 25.200.080. PMC 25.200.020(4);PMC 25.15.050;see also FN 4. City of Pasco Hearing Examiner Page 3 of 4 Decision, Special Permit, SP 2021-006 Absent a timely appeal of the original decision,$this Decision is final.$ DECISION entered June 17, 2021. City of Pasco H g Examiner Susan Elizabeth Drummond $The minor correction made does not change the original May 25,2021 issue date. 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). City of Pasco Hearing Examiner Page 4 of 4 Decision, Special Permit, SP 2021-006