HomeMy WebLinkAboutHE Determination SP 2021-017 Verger Sage n Sun CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
DECISION AND CONDITIONS
SP 2021-017 ) OF APPROVAL
Kevin Simpson-Verger c/o Dae Kim/Hanlim )
Corporation
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
November 10, 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: RIVERSIDE ADD LOTS 10 TO 17, BLK 25 & VAC ALLEY ADJ, EXC
PTN TO CITY OF PASCO -AND TOG WITH PTN LOT 8 OF 31-9-30 LY N OF N
LN OF WASHINGTON ST PRODUCED ACR LOT 8&E OF 11TH ST PROD AS:
BEG AT PT ON N LN WASH ST, 106.8'TO WLY FR W LN S 10TH; TH WLY
ALG N LN OF WASH ST, 163.2'TO E LN 11TH; TH NLY ALG S 11TH AVE,44'
TO N LN LOT 8;TH E ON N LN LOT 8 137.38; TH SLY ALG E LN SD LOT
98.53'TO BEG, LESS VAC SLY MOST ALLEY(Parcel 112311178).
1.2 General Location: 1232 South 10`b Avenue, Pasco WA 99301.
1.3 Property Size: Approximately 1.00 acre (43,995.08 Square Feet),
1.4 Applicant: Kevin Simpson-Verger c/o Dae Kim/Hanlim Corporation, 601 Union St.,
Suite 4720, Seattle,WA 9810.
1.5 Request: Special Permit: Sage `n' Sun Motel Conversion to 34 Long-Term Single-
Room Occupancy(SRO)Residential Units.
2. ACCESS: The site has access from South 10`"Avenue, West Washington Street, and South
11"'Avenue.
3. UTILITIES: Water and sewer services are located in both West Washington Street and
South 11"'Avenue.
4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail Business),and is
occupied by a motel. Surrounding properties are zoned and developed as follows.
North: C-1 Commercial
East: C-1 Commercial
South: I-1 Industrial Layout Yard
West: R-2 SFDUs
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5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for "Mixed
Residential/Commercial."
5.1 Goal LU-2: Maintain established neighborhoods and ensure new neighborhoods are
safe and enjoyable places to live.
5.2 Goal H-1: Encourage housing for all economic segments of the city's population.
5.2.1 Policy H-1-A: Medium- and high-density housing should be located near
arterials and neighborhood or community shopping facilities and
employment areas.
5.2.2 Policy H-1-B: Encourage the location of medium- and high-density housing
in locations that will avoid the need for access through lower density
residential neighborhoods.
5.2.3 Policy H-1-C: Support dispersal of special needs housing throughout the
community.
5.2.4 Policy H-1-D: Avoid large concentrations of high-density housing.
5.3 Goal 11-2: Strive to maintain a variety of housing consistent with the local and
regional market:
5.3.1 Policy H-2-A: Allow for a full range of residential environments including
single-family homes, townhouses, condominiums, apartments, and
manufactured housing; Policy
5.4 Goal H-4: Encourage Housing Design and Construction that Ensures Long Term
Sustainability and Value.
5.4.1 H-4-A: Encourage innovative techniques in the design of residential
neighborhoods and mixed-use areas to provide character and variety in the
community;
5.5 Goal H-5: Support efforts to provide affordable housing to meet the needs of low-
and moderate-income households in the community.
5.5.1 Policy H-5-A: Residential neighborhoods and mixed-use areas should
exhibit a consistent level of quality and appearance.
5.5.2 Policy H-5-C: The City shall work with public and private sector
developers to ensure that lower income housing is developed on scattered
sites and in such a manner that it blends in with surrounding
neighborhoods.
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 October 7, 2021,
under WAC 197-11-158.
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7. PROPOSAL: Kevin Simpson-Verger, on behalf of Dae Kim/Hanlim Corporation, has
submitted a Special Permit application (SP 2021-017) for the conversion of a motel into up to
34 long-term Single-Room Occupancy (SRO) units.
8. PROPERTY DESCRIPTION: The site of the proposed development is located at 1232
South 10th Avenue (Parcel 112311178), and is part of Lots 10 to 17, Block 8, Riverside
Addition. The site contains approximately 1.00 acre (43,995.08 Square Feet).
9. HISTORY: The site was annexed in 1921 as part of the Riverside Addition to Pasco
(Ordinance 319) and in 1947 the property was zoned C-I (Ordinance 607). The site was later
developed with the Sage `N' Sun Motel, with, two buildings in 1960 and a third building in
1977, according to Franklin County Assessor records. The Pasco-Kennewick "Green"
Bridge, built in 1922 directed cross-river traffic to South 10d'Avenue and was for many years
a main access point to the original community center and consequently the applicant's
property was well suited for a motel. When the Pioneer Memorial "Blue" Bridge was built
much of that downtown traffic was diverted away from the downtown area via Highway 395.
With the advent of the I-182 freeway, the downtown lost most of its focus in the Tri-Cities
area and since then most of the original motels in the downtown core area have been either
demolished or repurposed. In addition to the decline in room rentals at the motel property,
management issues have also been a concern. There have been at least 14 complaints and 18
code enforcement cases filed against the property since 2004. The site is occupied by three
one-story structures comprising 11,500 square feet of motel space, built between 1966 and
1977. The site has operated under the name of Val-U Inn Motel and Loyalty Inn.
10. PASCO MUNICIPAL CODE: In 2019 the Pasco City Council approved Ordinance 4425
regarding the regulation of SROs; this ordinance became Pasco Municipal Code Chapter
25.162. PMC 25.162.020 defines an SRO as "a facility providing downsized dwelling units
consisting of one to two rooms with occupancy per dwelling unit dictated by HUD
guidelines. SRO facilities provide individuals with housing for a duration of 30 days or more.
Kitchens/kitchenettes and/or bathrooms may be located in the units or be located centrally for
communal use."
11. According to PMC 25.162.030 SROs may be approved via conditional use permit in the C-1
(Retail Business), C-2 (Central Business District), and C-3 (General Business District) zones
of the City.
12. PMC 25.162.040 specifies development standards for all SROs, as follows:
12.1 SRO facilities shall not be subject to density standards;
12.2 SRO facilities shall follow the Department of Housing and Urban Development's
(HUD)occupancy guidelines for single-and double-occupancy units;
12.3 Single- and double-occupancy units shall house no more than two adults over the age
of 18;
12.4 At least one off-street parking space per two units is required;
12.5 SRO facilities shall include 24-hour on-site management. A dwelling unit shall be
designated for the manager;
12.6 Bathroom and kitchen/kitchenette facilities must be provided either within each
dwelling unit or in a central location for common use with one full bathroom per
every three units on a floor and one full kitchen per floor;
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12.7 At least one handicapped accessible unit shall be required for every 20 units;
12.8 One washer and dryer must be provided for every 20 units;
12.9 Mailboxes shall be provided for each unit;
12.10 Each SRO facility with 100 units or more shall have a minimum of 400 square feet of
common indoor and/or outdoor recreational space;
12.10.1 For SRO facilities exceeding 150 units, an additional 10 square feet of
recreational space per unit is required;
12.10.2 Landscaped areas less than eight feet in width shall not be considered
recreational space;
12.11 All common areas shall comply with all applicable ADA accessibility and
adaptability requirements.
13. In zoning districts which allow SRO housing via conditional use permit, the regulations
contained herein shall be considered additional to those of the underlying zoning district. The
provisions of this chapter shall prevail in the event of conflicting standards presented in the
underlying zoning district regulations. SRO housing must meet all building and zoning
standards as dictated by the PMC. [Ord. 4425 § 1, 2019.]
14. According to both HUD and PMC 25.162.040 each unit"shall house no more than two adults
over the age of 18;" as such the 34-unit facility has the potential of housing 68 individuals
full-time, as opposed to the fewer periodic transient clients, as originally designed; according
to PMC 25.185.170 "Required off-street parking," motels and hotels require only one space
for each lodging room and one space f6r every two employees, while all other residential
units require two spaces per unit. This potential increase in full-time occupancy may present a
parking issue, as the current on-site parking for the facility contains no marked spaces. The
SRO ordinance requires at least one off-street parking space per two units-17 spaces, which
may be accommodated within the property.
15. As per PMC 3.45.040, "[e]ach development activity within the service area, as a condition of
approval, shall be subject to the school impact fee established pursuant to this chapter. . .. The
school impact fee shall be required prior to the issuance of building permits, unless deferred
as provided below. The amount of the school impact fee shall be based on the fee schedule in
effect at the time of the building permit application."
16. The standard school impact fee for multi-family units is $4,525 per unit. As per Pasco
Municipal Code (PMC) 3.45.060(1) "Permitted adjustments," The current school impact fee
may be adjusted by the Director of Community and Economic Development, if one of the
following circumstances exists:
16.1 The developer demonstrates that an impact fee assessment was improperly
calculated; or
16.2 Unusual circumstances demonstrated by the developer that adjustments to the school
impact fee at the time the fee is imposed are necessary to accommodate unusual
circumstances in specific cases to ensure that the impact fees are imposed fairly.
17. PMC 3.45.060(3)further states as follows,regarding the process for consultation:
17.1 "In all cases where the developer requests an adjustment or exemption from fees, the
Director of Community and Economic Development shall consult with the District
and the District shall advise the Director of Community and Economic Development
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prior to the Director making the final impact fee determination. The Director of
Community and Economic Development shall consider, in addition to the advice of
the District, any studies, data, calculations and reports provided by the developer as a
part of its request for a fee calculation adjustment prior to making the final impact fee
determination."
18. Public notice of this hearing was posted in the Tri-City Herald, and sent to property owners
within 300 feet of the property on October 15, 2021.
19. An open record public hearing after due legal notice was held November 10, 2021 via Zoom
videoconference.
20. Appearing and testifying on behalf of the applicant was Kevin Simpson-Verger. Mr.
Simpson-Verger testified that he was an agent authorized to appear and speak on behalf of the
Applicant and property owner. He indicated that all the proposed Conditions of Approval
were acceptable and that he agreed with all of the representations set forth within the staff
report.
21. No member of the public testified at the hearing.
22. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
23. 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 26.24.070) therefrom as to whether or not:
1. The proposed use is in accordance with the goals, policies, objectives and text of the
Comprehensive Plan as follows:
1.1 Goal LU-2 suggests Pasco seek to "maintain established neighborhoods and ensure
new neighborhoods are safe and enjoyable places to live;" The proposal is located in
a mixed residential/commercial neighborhood.
1.2 Goal H-1 requires to seek to encourage housing for all economic segments of the
city's population; SROs would target a low-income demographic which might
otherwise be on the streets.
1.2.1 Policy H-1-A notes that "medium- and high-density housing should be
located near arterials and neighborhood or community shopping facilities and
employment areas." The site is adjacent South IOth Avenue, which is an
arterial street.
1.2.2 Policy H-1-B directs the City to "encourage the location of medium- and
high-density housing in locations that will avoid the need for access through
lower density residential neighborhoods." The site is adjacent South 10th
Avenue, which is an arterial street.
1.2.3 Policy H-1-C suggests the City "support dispersal of special needs housing
throughout the community." No similar high-density housing is located or
currently contemplated nearby.
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1.2.4 Policy H-1-D advises the City to "avoid large concentrations of high-density
housing. No similar high-density housing is located or currently contemplated
nearby.
1.3 Goal H-2 encourages the City to "strive to maintain a variety of housing consistent
with the local and regional market." Large-scale hotel/SRO conversions are a fairly
new variety of housing in the city of Pasco.
1.3.1 Policy H-2-A requests the City "allow for a full range of residential
environments including single-family homes, townhouses, condominiums,
apartments, and manufactured housing." SRO's are located along the
spectrum range of residential environments listed above.
1.4 Goal H-4 instructs the City to "encourage housing design and construction that
ensures long term sustainability and value." Extending the life of an otherwise
defunct hotel probably qualifies as ensuring long-term sustainability and value.
1.4.1 Policy H-4-A directs the City to "encourage innovative techniques in the
design of residential neighborhoods and mixed-use areas to provide character
and variety in the community." SRO conversions are locally innovative and
provide a unique character to the area.
1.5 Goal H H-5 advises the City to "support efforts to provide affordable housing to meet
the needs of low- and moderate-income households in the community." The present
application would help provide affordable housing for small, 1- to 2-person
households.
1.5.1 Policy H-5-A specifies that "residential neighborhoods and mixed-use areas
should exhibit a consistent level of quality and appearance."Except for long-
term parking of client vehicles, the external appearance of this development
should not change substantially.
1.5.2 Policy H-5-C declares that"the city shall work with public and private sector
developers to ensure that lower income housing is developed on scattered
sites and in such a manner that it blends in with surrounding neighborhoods."
Except for long-term parking of client vehicles, the external appearance of
this development should not change substantially.
2. The proposed use does not adversely affect public infrastructure as follows:
2.1 Conversion from transient housing to long-term housing will require the addition of
kitchen and potentially laundry facilities in each unit, increasing power demand from
the original design. Traffic generation may be lower than transient uses, given the
target demographic, but may be more consistent than an off-and-on seasonal transient
use such as a hotel/motel.
3. The proposed use will be constructed,maintained,and operated to be in harmony with
existing or intended character of the general vicinity as follows:
3.1 The general vicinity is transient accommodations among a mix of residential and
commercial uses; use would be more consistent than an off-and-on seasonal transient
use such as a hotel/motel.
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4. The location and height of proposed structures and the site design will not discourage the
development of permitted uses on property in the general vicinity or impair the value thereof
as follows:
4.1 Applicant is proposing to renovate interiors only; there would be no increase in
height.
5. The operations in connection with the proposal will not be more objectionable to nearby
properties by reason of noise, filmes, vibrations, dust,traffic, or flashing lights than would be
the operation of any permitted uses within the district because:
5.1 No uses are proposed for the project (either in the building or at outside areas) that
would 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 use within the land use designation. People and vehicles visiting the
proposed site are anticipated to be similar to or less intense than other uses that would
be permitted for this property. The proposed .operations for the project are to be
conducted primarily within the building with some outdoor open spaces.
6. The proposed use will not 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
because:
6.1 No uses are proposed for the project (either in the building or at outside areas) that would
endanger the public health or safety more than would be the operation of any permitted
use within the land use designation. The proposed use is anticipated to be less intense
than other uses that would be permitted for this property.
7. As conditioned, this project is in conformance with the Pasco Municipal Code and Pasco
Comprehensive Plan.
8. 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 2021-017, subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The Special Permit shall apply to tax Parcel 112311178 and any subsequent subdivisions
thereof.
2. No outdoor storage of equipment or materials shall be allowed.
3. The Special Permit shall be null and void if all necessary building permits have not been
obtained within two years of Special Permit approval.
4. The Special Permit shall be null and void if the provisions of PMC 25.162 are not met.
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5. The Special Permit shall be null and void if site is not constructed,maintained, and operated
in conformance with the above conditions.
Dated this 15th day of November, 2021.
CITY OP PASCO HEARING EXAMINER
A E. Kottkamp
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).
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