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Home My WebLink AboutHE Determination SP 2021-012 Bezos Academy CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND CONDITIONS SP 2021-012 ) OF APPROVAL Bassetti Architects ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on August 11, 2021,the Hearing Examiner having taken evidence hereby submits the following Findings of Fact, Conclusions of Law,and Decision and Conditions of Approval as follows: I. FINDINGS OF FACT 1. PROPERTY DESCRIPTION: 1.1 Legal: A building and surrounding grounds located on Lot 2 of Short Plat 96-15, Recorded in volume 1 of Plats,pages 401 &402,Under Auditor's file no. 533567, of Franklin County, Washington;together with that portion of West Court Street vacated by the City of Pasco Ordinance No. 3685 that attached thereto by operation of law.Except that portion conveyed to the city of Pasco for street purposes by quit claim deed recorded March 10, 1971 under Auditor's file No. 323673.Also except that portion of said Lot 2 lying Northerly of the following described line: Commencing at the Northwest Corner of said Lot 2;thence South 0098'17"East along the west line thereof a distance of 100.00 feet to the True Point of Beginning; Thence leaving said West line North 89°54'45"East a distance of 284.33 feet; Thence North 57'56'19"East a distance of 188.44 feet to the north line of said Lot 2 and the end of this line description from which the Northeast Corner of said Lot 2 lies North 89°54'45"East a distance of 662.21 feet(Franklin County Tax Parcel #113460176). 1.2 General Location: 333 West Court Street. 1.3 Property Size: A building and surrounding grounds located on 13.66 acres (594,954.38 square feet). 1.4 Applicant: Bassetti Architects c/o Susan Conway, 71 Columbia St., #501, Seattle, WA 98104. 2. ACCESS: The site has access from West Court Street. 3. UTILITIES: The site is served by both water and sewer services from West Court Street. 4. LAND USE AND ZONING: The property is currently zoned R-3 (Medium-Density Residential)and is developed with a Community Service structure. Surrounding properties zoned as follows NORTH R-3 Multi-Family EAST R-3 Head-Start Daycare Facility SP 2021-012 Bassetti Architects Page 1 of 6 SOUTH RP Sands Mobile Home Park WEST C-1 Auto Repair&Restaurant 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is primarily intended for High-Density Residential uses. The Plan does not specifically address daycare centers, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development. Plan goal OF-5 suggests provisions should be made for educational facilities throughout the Urban Growth Area. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist,the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS)was issued for this project on July 27,2021 under WAC 197-11-158. 7. PROPOSAL: Applicant wishes to operate a Daycare Center/Early Learning Facility to be located at 333 West Court Street. 8. PROPERTY DESCRIPTION: The proposed Daycare Center/Early Learning Facility is located at 333 West Court Street, in a residential neighborhood near North 4"' Avenue. Both West Court Street and North 4`h Avenue are arterial streets; as such, the site has good transportation access.A Ben-Franklin Transit(BFT)bus stop is located adjacent the center on West Court Street. 9. HISTORY: The site was annexed into the City in 1949 (Ordinance 0649); the site has been zoned R-3 (Medium-Density Residential) since at least 1989 and is developed with an 8,875 square-foot recreational facility. The recreational center was built in 1942 as part of the WWII Navy housing project. The Navy housing has since been replaced with government- subsidized multi-family residential units built in 1968. The facility was used as a Boys & Girls Club from at least 2013 to around the end of 2019. The site is owned and operated by the Pasco &Franklin County Housing Authority.The proposed daycare would operate out of the on-site recreational facility. 10. ANALYSIS: Daycare centers and early learning facilities are considered Community Service Facilities, level one, and as such, require Special Permit review under the provisions of Pasco Municipal Code (PMC) 25.200.020(4) Unclassified uses. Community service facilities of the level one category include day-care centers, nursery schools, hospitals, sanitariums, nonprofit community health clinics, governmental and quasi-governmental activities, and related uses, which provide similar services for citizens. 11. Educational facilities (schools) and daycares are typically located in or near residential neighborhoods. While the proposed facility is not a public school, it will operate somewhat like a school. A Boys & Girls Club had been operating on the site since 2013; the property adjacent to the east(315 West Court Street) received Special Permit approval (SP 07-010) to operate a Head Start program in 2007. SP 2021-012 Bassetti Architects Page 2 of 6 12. The City of Pasco population has grown from 59,781 to 79,580 in the last 10 years, according to the most recent Office of Financial Management estimate. Population growth has created a demand for preschool and daycare facilities. 13. Pasco Municipal Code 25.185.170(3) requires one parking space for each employee and one space per 6 children(0.17 per child).The proposed facility would accommodate up to 14 staff members/employees and 80 children, ranging in age from 3 to 5 years old. Based on these numbers, the total parking requirement would be 28 spaces, rounded up. There are 32 on-site parking places; more than adequate. 14. According to the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9°i edition, daycare centers (code 565) generate approximately 4.38 trips per student, which translates to around 350.4 trips per weekday with 80 students. 15. Daycare Centers/Early Learning Facilities are required to meet WSP Fire Protection Bureau Fire and Life Safety Inspection requirements; Office of State Fire Marshal (OSFM). 16. The Public Notice was mailed out and published in the Tri-City Herald on July 23, 2021. 17. The Applicant wishes to operate a Daycare Center/Early Learning Facility to be located at 333 West Court Street. 18. The proposed Daycare Center/Early Learning Facility is located at 333 West Court Street. 19. The site is near North 4th Avenue. 20. Both West Court Street and North 4th Avenue are arterial streets. 21. A Ben-Franklin Transit(BFT)bus stop is located adjacent the center on West Court Street. 22. The site was annexed into the City in 1949(Ordinance 0649). 23. The site has been zoned R-3 (Medium-Density Residential)since at least 1989. 24. The site is developed with an 8,875 square-foot recreational facility. 25. The recreational center was built in 1942 as part of the WWII Navy housing project. 26. The current government-subsidized multi-family residential units were built in 1968. 27. The site is owned and operated by the Pasco&Franklin County Housing Authority. 28. The proposed daycare would operate out of the on-site recreational facility. 29. Daycare Centers/Early Learning Facilities are considered Community Service Facilities,level one. 30. Daycare Centers/Early Learning Facilities require Special Permit review under PMC 25.200.020(4) 31. Level 1 Community service facilities are typically located in or near residential neighborhoods. 32. A Boys &Girls Club had been operating on the site since 2013. 33. The adjacent property to the east received a Special Permit to operate a Head Start program in 2007. 34. Pasco Municipal Code 25.185.170(3) requires one parking space for each employee and one space per 6 children(0.17 per child)for Daycare Centers/Early Learning Facilities. SP 2021-012 Bassetti Architects Page 3 of 6 35. The proposed facility would accommodate up to 14 staff members/employees and 80 children. 36. The total parking requirement for Daycare Centers/Early Learning Facilities is 28 spaces, rounded up. 37. There are 32 on-site parking places. 38. According to ITE Daycare Centers/Early Learning Facilities generate around 350.4 trips per weekday with 80 students. 39. Daycare Centers/Early Learning Facilities are required to meet WSP Fire Protection Bureau Fire and Life Safety Inspection requirements; Office of State Fire Marshal (OSFM).students. 40. An open record public hearing after due legal notice was held August 11, 2021 via Zoom videoconference. 41. Appearing and testifying on behalf of the applicant were Susan Conway of Bassetti Architects, and Scott Bezos. Both Ms. Conway and Mr. Bezos indicated that they were agents of the applicant and were authorized to appear and speak on their behalf. Ms. Conway testified that she agreed with all the representations set forth within the staff report and that all the proposed Conditions of Approval were acceptable. Mr. Bezos indicated that while the program is private, it is fully funded so that there is no charge to the users. 42. No member of the public testified at the hearing. 43. At the conclusion of the hearing, the Hearing Examiner left the record open until 5:00 p.m. on August 13, 2021 for any additional written comments. No additional written comments were submitted. 44. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 45. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II. CONCLUSIONS OF LAW Before recommending approval or denial of the proposed plat the Hearing Examiner must develop findings of fact from which to draw its conclusion (PMC 21.25.080 and 25.200.100) therefrom as to whether or not: 1. Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? 1.1 The Comprehensive Plan indicates the site is primarily intended for High-density Residential uses. The Plan does not specifically address Daycare Centers/Early Learning Facilities, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development. Comprehensive Plan goal OF-5 encourages educational facilities to be located throughout the Urban Growth Area. 2. Will the proposed use adversely affect public infrastructure? SP 2021-012 Bassetti Architects Page 4 of 6 2.1 The proposed facility is located near an arterial street that is capable of handling significant traffic. The preschool and daycare use of the property will increase water usage at the site slightly. The building is served by both City water and sewer services. 3. Will the proposed use be constructed, maintained, and operated to be in harmony with existing or intended character of the general vicinity? 3.1 The proposed interior remodel will be required to meet PMC residential building code standards. Surrounding properties are already fully developed. 4. Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? 4.1 Surrounding properties are fully developed with government-subsidized multi-family rental units (on-site), a Head-Start program to the east, and mobile homes to the south. The proposed Daycare Center/Early Learning Facility is a single-story structure. 5. Will the operations in connection with the proposal 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? 5.1 The proposed use will create some increased traffic and noise. 6. Will the proposed use 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? 6.1 Daycare Center/Early Learning Facility uses typically do not endangered public health; children playing outside may create a minor nuisance. 7. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. III. DECISION Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner APPROVES Application SP 2021-012 Bezo's Academy, subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL 1. The special permit shall apply to Parcel 113460176. 2. The applicant shall obtain approval from the applicable City development review process. 3. The building and grounds of the daycare/preschool shall be maintained in a professional manner at all times; 4. The applicant shall maintain all necessary Washington State licenses; SP 2021-012 Bassetti Architects Page 5 of 6 y 5. The special permit shall be null and void if a City of Pasco building permit is not within two calendar years of City Special Permit approval. 6. The special permit shall be null and void if the above conditions are not met. Dated this 16�'day of August, 2021. CITY OF ASCO HEARING EXAMINER & ----j ew L.KottL p Absent a timely appeal, this Decision is final' See Ch. 36.70C RCW(establishing a 21 day appeal period to superior court,and setting forth necessary review contents, along with filing and service requirements). SP 2021-012 Bassetti Architects Page 6 of 6