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Home My WebLink AboutHE Determination SP 2021-020 NW Esthetics Academy CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, CONDITIONS OF APPROVAL AND DECISION SP 2021-020 ) Lawrence Groce THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on February 9, 2022, the Hearing Examiner having taken evidence hereby submits the following Findings of Fact, Conclusions of Law and Decision as follows: I. FINDINGS OF FACT I, PROPERTY DESCRIPTION: 1.1 Leal: : Lot 1 and the west 7 feet of Lot 2, Block 16, Stadium Park Addition,together with the north 10 feet of the vacated east-west alley adjacent(Franklin County Tax Parcel#112171490). 1.2 General Location: 1632 West Court Street. 1.3 Property Size: A building and surrounding grounds located on .21 acres(8,949.37 square feet). 1.4 Applicant: Lawrence Groce, 4604 W.Brown St.,Pasco, WA 99301. 1.5 Request: Special Permit:Northwest Esthetics Academy aesthetics school in an"O" (Office) Zoning District. 2. ACCESS: The site has access from West Court Street. 3. UTILITIES: The site is served by both water and sewer services from the vacated alley to the south. 4. LAND USE AND ZONING: The property is currently zoned"O"(Office) and is developed with an office structure. Surrounding properties zoned as follows: North R-1 SFDUs East C-1 Vacant South R-1 SFDU West R-3 Multi-Family 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is primarily intended for Commercial uses. The Plan does not specifically address trade schools, 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 UF- 5 suggests provisions should be made for educational facilities throughout the Urban Growth Area. SP 2021-020 Lawrence Groce Page 1 of 5 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 12 January 2022, under WAC 197-11-158. 7. PROPOSAL: Applicant wishes to operate an aesthetics school facility to be located at 1632 West Court Street. Applicant has stated that the school would have two classes per day with a maximum of 10 students in each class, on alternating schedules with no overlap; the school would employ 5 staff members/instructors. 8. PROPERTY DESCRIPTION: The proposed Aesthetics school facility is located at 1632 West Court Street, in a mixed commercial/residential neighborhood near North 18th Avenue. West Court Street is an arterial street; as such,the site has good transportation access.A Ben- Franklin Transit(BFT) bus stop is located near the center on West Court Street. 9. HISTORY: The site was annexed into the City of Pasco in 1949 (Ordinance 0649); the site was rezoned from R-3 (Medium-Density Residential) to R-4 (High-Density Residential) in 1982 (Ordinance 2378), and from R-4 to "O" (Office) in 1987 (Ordinance 2650). The site is developed with a 3,751 square-foot office building. The office building was built in 1988. The proposed aesthetics school would operate out of the on-site office building. 10. CODE REQUIREMENTS: Trade schools require Special Permit review under the provisions of Pasco Municipal Code(PMC) 25.200.020(4) Unclassified uses. 11. 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 aesthetics school facilities. 12. Pasco Municipal Code 25.185.170(3) requires one parking space for each 300 square feet of floor area. With a 3,751 square-foot office building, the total parking requirement would be 13 spaces,rounded up(3,751/300= 12.50).There are 12 on-site parking spaces. 13. According to Applicant, the school will train students on skin care, hair removal, eyelash extension applications, and brow and lash tinting/lifting. The school will have a classroom, lab room, and a client service area for student practice. The school would have a maximum of 10 students in each class, on alternating schedules with no overlap. The school would employ 5 staff members/instructors. 14. RC W 18.16.020 (27) defines the practice of esthetics as the care of the skin for compensation by application, use of preparations, antiseptics, tonics, essential oils, exfoliants, superficial or light peels or by any device, except laser, or equipment, electrical or otherwise, or by wraps, compresses, cleansing, conditioning, stimulation, superficial skin stimulation, pore extraction, or product application and removal; temporary removal of superfluous hair by means of lotions, creams, appliance, waxing, threading, tweezing, or depilatories, including chemical means; and application of product to the eyelashes and eyebrows, including extensions, SP 2021-020 Lawrence Groce Page 2 of 5 design and treatment, tinting and lightening of the hair, excluding the scalp. Under no circumstances does the practice of esthetics include the administration of injections. 15. For purposes of trip generation estimates, the closest approximation of a trade school would be Junior/Community Colleges (540), which, according to the Institute of Transportation Engineers (ITE) Trip Generation Manual, generate approximately 1.65 peak hour trips per student; with 15 students this translates to around 17.25 peak hour trips. 16. Trade schools are required to meet WSP Fire Protection Bureau Fire and Life Safety Inspection requirements; Office of State Fire Marshal(OSFM). 17. The proposed Aesthetics school facility is in a mixed commercial/residential neighborhood. 18. The proposed Aesthetics school facility is at the corner of West Court Street and North 18th Avenue. 19. West Court Street is an arterial street. 20. The site has good transportation access. 21. A Ben-Franklin Transit(BFT)bus stop is located near the center on West Court Street. 22. The site was annexed into the City of Pasco in 1949. 23. The site was rezoned from R-3 to R-4 in 1982. 24. The site was rezoned from R-4 to"O" in 1987. 25. The site is developed with a 3,751 square-foot office building. 26. The office building was built in 1988. 27. The proposed aesthetics school would operate out of the on-site office building. 28. Trade schools require Special Permit review under the provisions of Pasco Municipal Code (PMC)25.200.020(4)Unclassified uses. 29. Pasco Municipal Code 25.185.170(3) requires one parking space for each 300 square feet of floor area. 30. Parking requirement would be 13 spaces, rounded up(3,751/300= 12.50). 31. There are 12 on-site parking spaces. 32. According to Applicant, the school will train students on skin care, hair removal, eyelash extension applications, and brow and lash tinting/lifting. 33. The school will have a classroom, lab room, and a client service area for student practice. 34. The school would have a maximum of 10 students in each class, on alternating schedules with no overlap. 35. The school would employ 5 staff members/instructors. 36. According to ITE,the site would generate approximately 17.25 peak hour trips. 37. Trade schools are required to meet WSP Fire Protection Bureau Fire and Life Safety Inspection requirements. 38. Public notice of this hearing was sent to property owners within 300 feet of the property and in the Tri-City Herald on January 19, 2022. SP 2021-020 Lawrence Groce Page 3 of 5 39. An open record public hearing after due legal notice was held February 9, 2022 via Zoom videoconference. 40. Appearing and testifying on behalf of the Applicant was Lawrence Groce. Mr. Groce testified that he was not an agent on behalf of the property owner, but only for the business/school applicant. He indicated that the owner of the building did not want to do any improvements, so he was not sure if this project would go through. 41. No member of the public testified. 42. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 43. 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. The Hearing Examiner has been granted authority to render this Decision. 2. The Comprehensive Plan indicates the site is primarily intended for Commercial uses.The Plan does not specifically address Trade schools, 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. 3. The proposed facility is located on an arterial street that is capable of handling significant traffic. The aesthetics school use of the property might increase water usage slightly. The building is served by both City water and sewer services. 4. The proposed Aesthetics school facility would be located in an existing structure. Only interior remodeling is contemplated for the school. 5. The proposed use may create traffic and noise typical of other permitted uses in this zoning district. 6. Aesthetics school facility uses typically do not endangered public health 7. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. IV. CONDITIONS OF APPROVAL 1. The special permit shall apply to Parcel 112171490; 2. The applicant shall obtain any required approval for applicable City development review. SP 2021-020 Lawrence Groce Page 4 of 5 3. Parking requirements shall be met as per PMC 25.185.170(3). 4. The building and grounds of the aesthetics school shall be maintained in a professional manner at all times. 5. The applicant shall maintain all necessary Washington State and City of Pasco licenses. 6. The special permit shall be null and void if the above conditions are not met. III. DECISION Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner APPROVES Application SP 2021-020. Dated this 14th day of February, 2022. CITY F PPAASCO HEARING EXAMINER indrew L. Kottkamp Absent a timely appeal, this Decision is final' ' See Ch. 36.70C RC W(establishing a 21 day appeal period to superior court, and setting forth necessary review contents,along with filing and service requirements). SP 2021-020 Lawrence Groce Page 5 of 5