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2022-03-09 Hearing Examiner Packet
w4co AGENDA HEARING EXAMINER MEETING City Hall-525 North Third Avenue Council Chambers WEDNESDAY,MARCH 9,2022 6:00 PM I. CALL TO ORDER II. PUBLIC HEARINGS A. Special Permit Behavioral health and social-emotional education special needs school facility in a C-1 Zoning District(MF# SP 2022-001) III. ADJOURNMENT This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.com/psctvlive. Audio equipment available for the hearing impaired;contact staff for assistance. vs(_Ity�ofREPORT TO HEARING EXAMINER 0" co PUBLIC HEARING 110 iq City Hall—525 North Third Avenue—Council Chambers Wednesday 9 March 2022 6:00 PM MASTER FILE#: SP 2022-001 APPLICANT: Todd Sternfeld, c/o Candy Mountain Academy 2526 W 33rd Place Kennewick, WA 99337 REQUEST: SPECIAL PERMIT: Behavioral health and social-emotional education special needs school facility in a C-1 Zoning District BACKGROUND 1. PROPERTY DESCRIPTION: Legal: Lots 27 & 28, Block 16, Gerry's Addition, less the easterly 3' of the southerly 60' of Lot 28, Block 16 (Franklin County Tax Parcel# 112043244). General Location: 611 W Columbia Street Property Size: .15 acres (6,479.76 square feet) 2. ACCESS:The site has access from West Columbia Street 3. UTILITIES:The site is served by water from West Columbia Street; sewer is located in the alley to the north of the property. 4. LAND USE AND ZONING:The property is currently zoned C-1 (Retail Business) and is developed with an office structure. Surrounding properties zoned and developed as follows: North C-3/C-1 Auto Sales East C-1 Office South 1-1 Commercial Auto/Retail West C-1 Vacant/SFDUs 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is primarily intended for Commercial uses. The Plan does not specifically address Behavioral health and social-emotional education special needs school 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. 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 March 3, 2022, under WAC 197-11-158. 1 ANALYSIS Proposal Applicant wishes to operate a Behavioral health and social-emotional education special needs school facility at 611 W Columbia Street. Applicant plans to modify an existing 3,720 square-foot office building to serve the special needs school use. As per the application: "The Applicant (and its future tenant, Education Service District 123) intends to upgrade and convert an existing vacant office building on the C-1 zoned property described in the Application into a special needs school, which is an unclassified use under PMC 25.200.020(1). No significant exterior or structural modifications are contemplated other than signage and compliance with applicable City development standards. Interior reconfiguration and remodeling will occur to accommodate the school's business and educational needs, which will include classroom space, administrative offices, and accessory facilities. Below is a detailed description of the Candy Mountain Academy taken directly from ESD 123's official website, http://www.esdl23.org/CMA" "Candy Mountain Academy is a one-of-a-kind school opening in the fall of 2022. Operated through ESD 123, Candy Mountain Academy will address a vital need for behavioral health and social- emotional education in our region. "The first school of its kind in Eastern Washing ton, Candy Mountain Academy provides a supportive learning environment where students in 1"through 8t"grade can improve their academic and social skills while learning appropriate ways to manage behavior and improve their self-esteem. Each student has an Individualized Educational Program (IEP),which is developed with their neighborhood school. "Candy Mountain Academy offers a solution to schools and districts that is modeled on successful behavior intervention programs. "At Candy Mountain Academy, students will gain the skills they need to: • Achieve academic success • Build healthy peer relationships • Transition back to their neighborhood school "Just like reading and math, social and emotional skills can be taught. Our Academy employs highly skilled teachers and staff who are experts in behavior health and management to ensure students make progress academically as they learn how to manage their own behavior. "Both the Applicant and its future tenant believe the existing property and structure is ideally suited to meet the needs of the Candy Mountain Academy, which directly serves special needs students in the 23 school districts served by ESD 123." Property Description The site is located at 611 W Columbia Street,in a mixed-use area.The site is developed with an office building. The site is approximately midway between North 5th and 6th Avenues and contains 6,479 square feet. History The site was part of the 1907 Gerry's Addition to Pasco plat;the site was assigned C-1 zoning(Ordinance 642) in 1948.Zoning has remained the same since. Code Requirements Special needs school facilities are considered unclassified uses under PMC 25.200.020(1),and as such,require 2 Special Permit review under the provisions of Pasco Municipal Code (PMC) 25.200.020(4) Unclassified uses. As per PMC 25.185.170(3) required parking for educational facilities varies based on the facility type: • Elementary schools-One and one-half spaces for each classroom or teaching station • Middle schools-Two spaces for each teaching station • High schools-One space for each employee plus one space for each eight students The proposed facility would engage clients from in 1st through 8th grades, and as such would be subject to either Elementary School (typically grades 1-6) or Middle school (typically grades 7-8 or 7-9). 1.5 to two parking spaces would be required for each teaching station. A "teaching station" means any space that was constructed or reconstructed to serve as an area in which to provide pupil instruction (i.e., classroom). Applicant has not provided numbers of students or employees in their proposal, however that number would ultimately be limited by building capacity and State of Washington required teacher-student ratios. Site lies just outside the Central Business district. There is no on-site parking for this building.Applicant must either combine the site with an adjacent parcel(s) to add appropriate parking for the facility or obtain a shared parking agreement. PMC 25.185.060(2)specifies that off-street parking facilities shall not be located over 300 feet from the buildings they are required to serve; however, as per PMC 25.185.060(3) off-site parking greater than 300 feet but less than 500 feet from the building may be authorized by special permit as provided in Chapter 25.200 PMC. A NFPA 72, IF, PMC-compliant fire alarm system is required. INITIAL STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was sent to property owners within 300 feet of the property and in the Tri-City Herald on 24 February 2022. 2. Applicant wishes to operate a Behavioral health and social-emotional education special needs school facility at 611 W Columbia Street. 3. Applicant plans to modify the existing structure to serve the special needs school use. 4. A special needs school is an unclassified use under PMC 25.200.020(1). 5. No significant exterior or structural modifications are contemplated other than signage and compliance with applicable City development standards. 6. Interior reconfiguration and remodeling will occur to accommodate the school's business and educational needs. 7. Uses will include classroom space, administrative offices, and accessory facilities. 8. The site is located at 611 W Columbia Street. 9. The site is in a mixed-use area. 10. The site is developed with an office building. 11. The site is approximately midway between North 5th and 6th Avenues. 12. The site contains 6,479 square feet. 13. The site was part of the 1907 Gerry's Addition to Pasco plat. 14. The site was assigned C-1 zoning (Ordinance 642) in 1948 and has remained the same since. 15. Special needs school facilities are considered unclassified uses under PMC 25.200.020(1). 16. Special needs school facilities require Special Permit review under the provisions of Pasco Municipal Code (PMC) 25.200.020(4). 3 17. As per Applicant student ages will range from 1st through 8th grade. 18. Programs will address academic and social skills, appropriate ways to manage behavior and improve self-esteem. 19. Candy Mountain Academy is a described as a "behavior intervention program." 20. The Academy employs experts in behavior health and management to ensure students learn how to manage their behavior. 21. Candy Mountain Academy directly serves special needs students in 23 school districts served by ESD 123 (see ESD Map). 22. Students are not permitted to leave the building or site without a parent or guardian. 23. As per PMC 25.185.170(3) required parking for educational facilities varies based on the facility type: a. Elementary schools-One and one-half spaces for each classroom or teaching station b. Middle schools-Two spaces for each teaching station c. High schools-One space for each employee plus one space for each eight students 24. The proposed facility would engage clients from in 1st through 8th grades. 25. The proposed facility would be subject to either Elementary School (typically grades 1-6) or Middle school (typically grades 7-8 or 7-9) parking requirements;one and a half to two parking spaces would be required for each teaching station. 26. Applicant has not provided numbers of students or employees in their proposal, however that number would ultimately be limited by building capacity and State of Washington required teacher- student ratios. 27. The site lies just outside the Central Business district. 28. There is no on-site parking for this building. 29. Applicant must either combine the site with an adjacent parcel(s)to add appropriate parking for the facility or obtain a shared parking agreement. 30. PMC 25.185.060(2) specifies that off-street parking facilities shall not be located over 300 feet from the buildings they are required to serve. 31. As per PMC 25.185.060(3) off-site parking greater than 300 feet but less than 500 feet from the building may be authorized by special permit. 32. A NFPA 72, IF, PMC-compliant fire alarm system is required. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed plat the Hearing Examiner must develop findings of fact from which to draw its conclusion (PMC 25.200.080 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? The Comprehensive Plan indicates the site is primarily intended for Commercial uses. The Plan does not specifically address Behavioral health and social-emotional education special needs school 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. Applicant suggests the permit and school would be consistent with the goals and policies of Pasco's comprehensive plan, including Capital Facilities'goal and policy 3(A) to maintain adequate lands for public facilities, including schools. 2. Will the proposed use adversely affect public infrastructure? The proposed facility is located in a Commercial area.All infrastructure, including roads,parking areas,sewer, water, and building structure are all currently available; 3. Will the proposed use be constructed, maintained and operated to be in harmony with existing or 4 intended character of the general vicinity? Surrounding properties are mostly developed. There will be no significant exterior changes to the as-built structure and the school be maintained and operated consistent with the character of the area; 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? The school will not discourage the development of other permitted uses in the C-1 district, and its patrons, parents, and staff may utilize other nearby services in the Retail Business District zone; 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? There will be little to no exterior impacts of the proposed use, which may be less intensive than prior office use of the building or other permitted uses in the C-1 zone,AM and PM peak hour traffic will be consistent with the operation of a school and will be adequately served by existing roads. 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? Special needs school uses typically do not endangered public health;the school students will be supervised by professional staff at all times consistent with applicable state law and ESD and educational guidelines. PROPOSED APPROVAL CONDITIONS 1) The special permit shall apply to Parcel # 112043244; 2) Behavioral health and social-emotional education special needs school facility shall meet OSFM WSP Fire Protection Bureau Fire and Life Safety Inspection requirements. 3) An IFC Chapter 9, 907.6.4. 1-4 occupancy-compliant Fire Alarm shall be installed. 4) Site shall comply with Washington Administrative Code Special needs school requirements. 5) Access/egress and off-street Parking shall be provided as per PMC 25.185.170. 6) The building and grounds of the special needs school/preschool shall be maintained in a professional manner at all times. 7) 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. 8) The special permit shall be null and void if the above conditions are not met. RECOMMENDATION Staff recommends approval of the 3,720 square-foot Behavioral health and social-emotional education special needs school facility to be located at 611 W Columbia Street, (Franklin county Tax Parcel#119493246) in a C-1 zoning district as currently configured. 5 Overview Item: Special Permit - Candy Mountain Academy N Applicants: 111 Sternfeld / 123 W+E 1 File2022-001 S S� �a •, r� Y , r ...w � t 'Ig Wa AW AL bd Ono so Z 1 Epi ��• ► � 1• t Vicinit Item: Special Permit - Candy Mountain Academy N y Applicants: Todd Sternfeld c/o ESD 123 w E Map File #: SP 2022-001 S Vol S , 0. 'o y� SITE krAK .y 35 70 140 210 28 Feet 1 Land Use Item: Special Permit - Candy Mountain Academy N Applicants: Todd Sternfeld c/o ESD 123 W E Map File #: SP 2022-001 S ommer m er ial R sta ra Hotels/Motels Com erc I \commercia m ercial Vacant ery e 72- 144 Services Commer ' Wholesal Trade to Commercial Retail Commercial Repair SITE ommerci Iestaurant ffice rA y � Com i cant Repair Hot s/ s SFDUs Vacant ommercial 72- Repair Ind trial M l GpvvM�IPs� cation Industrial Misc C ercial uto Com ercial 35 70 140 210 28 ustrial 2 4 Un' Re it Commercial I I Retail isc Feet Metal Fabricatio „ ;i' !ii lr , Com Plan Item: Special Permit - Candy Mountain Academy N Comp Applicants: Todd Sternfeld c/o ESD 123 w E Map File #: SP 2022-001 S 144m SITE 11P k�A mmerci I . Com ercial -7G S -7L G0\,\305 5� 35 70 140 210 28 Feet -JE -a.L-- z Q W SYLVESTER St 2 C -- � C-1 R-3 Pst C-3 7 I- �1 E S� 2 G Central Business 2 R-3 0 10 Overlay District s c_1 s -1 CD ti \ C-3 2 Co R-1 \ U') o MgZPS��ZS 5t �a Co G��v -1 \ �N LE C Co 2 R-2 CpA Co -SQ, CoN R-2 I-1 C-1 L E `rA C-1 `° `° -5- 120 240 480 720 960 -1 Feet Item: Special Permit - Candy Mountain Academy N "Exhibit All Applicants: Todd Sternfeld c/o ESD 123 w E File #: SP 2022-001 S 144m SITE LP srA s �G S �G co\-\,3 0,51N 5� 35 70 140 210 28 Feet Washington State Educational Service Districts ESD 189 -- - ESD ESD 171 4 114 ESD j1 101 ESD �B 121 ., ESD 113 ESD 105 ESD 123 ESD 112 N w E S D NorthEast Washington ESD 101 Olympic Educational Service District 114 D Educational Service District 105 Puget Sound Educational Service District 121 Bruce 0.Schneider D Educational Service District 112 0 Educational Service District 123 GIS Analyst Washington Office of Superintendent of Office of the Superintendent of Public Instruction 0 Capital Region ESD 113 0 North Central Educational Service District 171 PUBLIC INSTRUCTION Data Source:OSPI Internal Data Sources D Northwest Educational Service District 189 Date Saved:2/18/2020 9:32 AM Path:H:\OSPI_GIS_MAPS\MapTemplates_Rebrand\SdimiDiAricis_ESDs_Rebmnd.apm • ,1 �� .�II I I I■ �f� I ,�I �oi ,,� I.:, —� � � �� �1 � 'I�{ t_ _� _� IMF law �. ii 61-1 u NOW o11 ,'' .' ��- '��I rh '4�4 'j�' � � w�"*`,►�'jam`RSP �-.- 'emej Y � y � 1 okxxlg East t r` Walk, - - n 1Y 9 1VII1 1. 1111 . � - I --Lo --king Southeast ---now t Now 14 _ ` Ap 7t*, 1 1 IM-, Looking South 41 1 CAS. k. Y ii r i ._' ,,.d.t��.i.G.�.�'��a45•E,rP.s,: .�*,� m4�'�3.Ke`;i'�ftPs,c B_�,:c��.�.�:�._" a .a.� ..rc.w4..u2.:/!v r..v,w s+.,��,t -.�. a �� � � �. . ;: .. - .. _ v Y .u./->_ •.. � ,_ .,.>. l+l7G E4.4[i�,'_�'N�'�P wk's'.''. di�i:e�tW:�.�, '- :� 4 .. .`. tf � PASO CERAMIC Loa- 4 Yl. _..... i _ i i IL Al ��'- .ter;• dAM _r ,l I ma- ;.d "rt-ri m • L6( n o h est ., � . I i 1I ff 11 s 9 � i f i - .ti s I ' AM sr * . a VIVmm ALL 04 ' 1 49 Addendum Candy Mountain Academy(SP 2022-001) Additional Findings of fact: 1) Maximum building capacity for 3,720 sq. ft.: We have not been given a count for the teachers and students. Since we do not know the internal use/layout of each room the occupancy for the structure cannot be calculated. 2) Estimated Peak hour trips: ITE Trip Generation Manual 10th Edition Elementary School (LUC 520) Building Size: 3,720 sq.ft. AM Peak Hour Trips 6.97 Trips per 1,000 sq.ft. of building area 6.97 * 3.72 = 25.92 AM Peak Hour Trips PM Peak Hour Trips 1.37 Trips per 1,000 sq.ft. of building area 1.37 * 3.72 = 5.10 PM Peak Hour Trips Since K-8 is only addressed in the ITE Manual for Private Schools,the Elementary School calculation has been used as it covers the majority of grades served; The following is the calculation using Middle School: ITE Trip Generation Manual 10th Edition Middle School/Junior High School (LUC522)* Building Size: 3,720 sq. ft. PM Peak Hour Trips 1.19 Trips per 1,000 sq.ft. of building area 1.19 * 3.72 =4.43 PM Peak Hour Trips *No AM Peak Hour Trips studies were completed for this land use. Additional condition: 1) The Candy Mountain Academy shall not object to the transfer, renewal or issuance of a liquor or cannabis license (if applicable)for an existing or new establishment within 1,000 feet of the property. Jeff Adams From: Thomas Granbois (Big Maple Properties) <bigmapleproperties@gmail.com> Sent: Saturday, February 19, 2022 4:48 PM To: Jeff Adams Subject: Public Comment: SP2022-001 611 W Columbia St, Pasco - oppose [You don't often get email from bigmapleproperties@gmail.com. Learn why this is important at http://aka.ms/LearnAboutSenderidentification.] [NOTICE: This message originated outside of City of Pasco-- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Thank you for the opportunity to comment on the special permit request. I oppose the special use permit for Candy Mountain Academy. It goes against the goals for the area to be a commercial and entertainment area as laid out in the C2 zoning and will have negative impact on current future business uses in the downtown area. Thank you, Thomas Granbois Big Maple Properties 108 N 4th Ave Pasco, WA 99301 509-795-1804 1 Jeff Adams From: Carl Holder <holdercarl@hotmail.com> Sent: Saturday, February 19, 2022 12:03 PM To: Jeff Adams Subject: Public Comment: SP2022-001 611 W Columbia St, Pasco - oppose IYou don't often get email from holdercarl@hotmail.com. Learn why this is important [NOTICE: This message originated outside of City of Pasco-- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Community Development Department Thank you for the opportunity for Public Comment During 2021, an ad hoc group gathered to influence the Pasco City Council to modify approved uses in the Downtown C2 zone. This was successfully negotiated and accomplished. One line item, a discussion for approved use, was additional civic services for homeless, mental health counseling, ex-con half-way, drug addiction, rehab, etc. This line item was overwhelmingly opposed and did not advance. oppose location of Candy Mountain Academy for this location, SP2022-001, 611 W Columbia St. Best regards, Carl Holder 402 W Lewis St Pasco WA 99301 i City0f Community Development Department PO Box 293, 525 N 31d Ave,Pasco,WA 99301 V-dsco P: 509.545.3441/F:509.545.3499 NOTICE OF APPLICATION/SEPA DETERMINATION MAR 0 a22 (Optional DNS Process) Communitya E 0e,/elop.,c "0mic Si necesita ayuda para entender este aviso o necesita mas information, por favor Ilame al Departament� de Desarrollo Comunitario y Economico de la Ciudad de Pasco a 509-545-3441. Proposal: Todd Sternfeld, on behalf of Candy Mountain Academy (See: ntip://www.esd123.org/CMA), has submitted a Special Permit application (SP 2022-001) to locate a behavioral health and social- emotional education special needs school facility at 611 W Columbia Street(Parcel#112043244)in Pasco, WA.The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community nevelopment Department by 5:00 p.m. on 9 March 2022. Only comments received by the referenced date will be included in the public record. If you have questions on the proposal, contact the Planning Division at(509) 545-3441 or via e-mail to: adamsj@pasco-wa.gov. Open Record Hearing:The Hearing Examiner will conduct an open record hearing for the Special Permit application (SP 2022-001) at 6:00 p.m. on 9 March 2022.in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. The Hearing Examiner will consider public testimony concerning the above application at this meeting. If you wish to participate in the hearing virtually,please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.Rov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Special Permit within ten (10) days of the public hearing. i The City of Pasco welcomes full participation in public meetings by all citizens.No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings.If you wish to use auxiliary aids or require assistance to comment at this public meeting,please contact the Community Development Department at(509)545-3441 or TDD(509)585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Prepared 24 Feb 2022 by Jeffrey B.Adams,Associate Planner, PO Box 293 Pasco,WA 99301 (509) 545- 3441 1��y 'V�_ 4 Ili So IJ-UA� �`C�1 vim- L C-C) IV viCiriit Item: Special Permit - Candy Mountain Academy N �' Applicants: Todd Sternfeld c/o ESD 123 w E. Map File #: SP 2022-001 s � y l- 4 �r _ SITE � Y• t OP, T F �- - 35 70 140 210 280 1 - 1•Feet Affidavit of Mailing th F-F—G,LI 'Lo C'e 4-j f� x s r: >4F— lz-2 Ch. 25.90 C-2 Central Business District I Pasco Municipal Code Page 1 of 5 Chapter 25.90 C-2 CENTRAL BUSINESS DISTRICT Sections: 25.90.010 Purpose. 25.90.020 Permitted uses. 25.90.030 Permitted accessory uses. 25.90.040 Conditional uses. 25.90.050 Prohibited uses. 25.90.060 Development standards. 25.90.010 Purpose. The C-2 central business district is establishe 0 to prornote the centf aliZation of b!!iiness and 'e!nforcf:' a positiv% public image and c n`idence_ in the dQwnto..n coAp, a compact commercial area having primarily common-wall building construction. Such construction offers the unique opportunity within the Pasco Urban Area to Ar t_9P_—_he;tyMS of i etail bUssness ana retail services vLhich foncuonar y interact wel!together,and wilt ec:oni,rY4,cail4j f8f bettler, as a result of close proximity by cumulatively attracting more persons than as individual destination points. R IVV"-fMded that the comm-ie,ciai clustering concept be foster esi cy t`f"j �l�a i_;.'b p^E GEStCi�r� a fess and, ,�.0ation within the dist-ict, in a manner which is healthy, safe, uninhibited and convenient for employees and visitors of all ages. Public and private off-street parking shall be located to encourage pedestrian movement. On- street parking should be oriented to short duration convenience parking for customers in the vicinity. In order to preserve the public health, safety and welfare in the central business district, protect public and private investment in property and infrastructure improvements and improve property values, certain uses of the land may be restricted or prohibited. [Ord.4556§ 1,2021; Ord.4356 § 1,2017; Ord. 3354§ 2, 1999; Code 1970 § 25.44.010.] 25.90.020 Permitted uses. The following uses shall be permitted in the C-2 district: (1) -$Mustment garroe center-$ (2) Antique stores as defined by PMC 25.15.030; (3) Artist and office supplies; (4) Bakeries; (5) Banks and financial institutions; The Pasco Municipal Code is current through Ordinance 4578, passed February 7, 2022. Ch.25.90 C-2 Central Business District I Pasco Municipal Code Page 2 of 5 (6) Barber and beauty shops; (7) Billiard and pool halls; (8) Bookstores, except adult bookstores; (9) Card rooms, bingo parlors, dance halls, nightclubs and similar places; (10) Clothing,shoes and accessories,and costume rentals; (11) Consignment stores(PMC 25.165.160)and thrift shops(PMC 25.165.170); (12) Crafts, stationery and gift shops; (13) Department and drug stores; (14) Electronic sales and repair stores; (15) Fresh and frozen meats, including seafood; (16) Florists; (17) Furniture and home appliance stores; (18) Galleries for art and restored or refinished antiques; (19) Grocery stores with less than 10,500 square feet of gross floor area; (20) Hardware and home improvement stores; (21) Import shops; (22) Jewelry and gem shops, including custom work; (23) Offices for medical and professional services; (24) Massage businesses; (25) Membership clubs; (26) Restaurants, sandwich shops, cafeterias and delicatessens; (27) Sporting goods; (28) Tailoring and seamstress shops; (29) Tattoo shops or businesses; (30) Taverns and bars; (31) Theaters for movies and performances, except adult theaters; The Pasco Municipal Code is current through Ordinance 4578,passed February 7,2022. Ch.25.90 C-2 Central Business District I Pasco Municipal Code Page 3 of 5 (32) ftbW markets for fish produce and craft work; is (33) Parking lots; (34) Ikro=br-hrrni-cro-ovine-r*s and tasting room% (35) Research,development and assembly facilities for component devices and equipment of an electrical, electronic or electromagnetic nature; (36) Home brewing and/or wirremaking equipment saIds# and (37) Dwelling units, provided the units are within the principal building, are all above the ground floor of said building,the ground floor of said building is designed or intended to be used for a use permitted in this section, and there is at least one dedicated and off-street parking space for each unit. [Ord.4556§ 1,2021; Ord.4356 §2, 2017; Ord. 3354§ 2, 1999; Code 1970§25.44.020.] 25.90.030 Permitted accessory uses. The following accessory uses and buildings, as respectively defined in PMC 25.15.030 and 25.15.040,shall be permitted in the C-2 district: (1) Parking lots; (2) Alcoholic beverage sales; (3) Other uses clearly incidental or secondary to a principal use; (4) Storage buildings, excluding container storage, as defined in PMC 25.15.210, are permitted. [Ord.4556 § 1, 2021; Ord.4356 § 3, 2017; Ord. 3735 § 5, 2005; Ord. 3354§ 2, 1999; Code 1970 §25.44.030.] 25.90.040 Conditional uses. The following uses are permitted subject to the approval of a special permit: (1) Unclassified uses per PMC 25.200.020. [Ord.4556§ 1, 2021; Ord.4356 §4, 2017; Ord.4110 § 19,2013; Ord. 3537§ 6,2002;Ord. 3354§ 2, 1999; Code 1970§ 25.44.040.] 25.90.050 Prohibited uses. Evidence received by the Planning Commission and contained in previous studies and Pasco Police crime reports demonstrates that certain uses make the central business district less desirable or attractive to the public due to a demonstrated history of contribution to general public disorder, loitering, nuisance and other acts detrimental to the public image of the area. Certain other uses provide entirely, or predominantly, automobile services and, The Pasco Municipal Code is current through Ordinance 4578,passed February 7, 2022. Ch.25.90 C-2 Central Business District I Pasco Municipal Code Page 4 of 5 thereby, do not foster the clustering concept intended to attract pedestrian visitors. Other uses may, by their inherent nature, require a disproportionate amount of the limited vicinal on-street parking,for an extended time, which is intended to be available and shared by all business for the short duration convenience of customers. The following listed businesses,for the reasons above, inhibit new business growth, contribute to business loss and decline of property values, inhibit convenient access to vicinal businesses, do not foster the clustering concept intended to orient the business environment to pedestrians, or perpetuate a public image which is undesirable or unattractive and detrimental to public and private investment in revitalization efforts and,therefore,are prohibited within the C-2 district: (1) Gasoline and service stations, automobile services or repair, except tire stores; (2) Outdoor storage of goods or materials; (3) Pawn shops; (4) Adult theaters, adult bookstores, and bathhouses; (5) Community service facilities level two,- (6) wo;(6) Secondhand dealers; similar or like uses although not specifically listed are also prohibited; (7) Commissaries for the preparation of food to be served elsewhere; and (8) Adult business facilities. [Ord.4556§ 1, 2021; Ord.4356 § 5, 2017; Ord.4110 § 19, 2013; Ord. 3514§ 6, 2001; Ord. 3354§ 2, 1999; Code 1970§ 25.44.050.] 25.90.060 Development standards. (1) Minimum lot area: Not required, except for nonconforming residential uses which must retain a minimum of 5,000 square feet for single-family and 3,000 square feet for each additional unit; (2) Lot coverage: No requirement; (3) Minimum Yard Setbacks. (a) Front: None required, except where adjoining a residential district, in which case there shall be provided a setback equal in width or depth to that required in the residential district; (b) Side: None required, except where adjoining a residential district, in which case there shall be provided a setback equal in width or depth to that required in the residential district; (c) Rear: None required, except where adjoining a residential district, in which case there shall be provided a setback equal in width or depth to that required in the residential district; (4) Maximum building height:45 feet, except a greater height maybe approved by special permit; The Pasco Municipal Code is current through Ordinance 4578,passed February 7,2022. Ch.25.90 C-2 Central Business District I Pasco Municipal Code Page 5 of 5 (5) Fences and hedges: See Chapter 25.180 PMC; (6) Parking: None required; and (7) Landscaping: None required except as provided in Chapter 25.180 PMC. [Ord.4556§ 1, 2021; Ord.4110 § 19, 2013; Ord. 3354§ 2, 1999; Code 1970§25.44.060.1 The Pasco Municipal Code is current through Ordinance 4578, passed February 7,2022. Disclaimer:The City Clerk's office has the official version of the Pasco Municipal Code. Users should contact the City Clerk's office for ordinances passed subsequent to the ordinance cited above. Note:This site does not support Internet Explorer.To view this site,Code Publishing Company recommends using one of the following browsers: Google Chrome,Firefox, or Safari. City Website:www.pasco-wa.gov City Telephone: (509)544-3080 Code Publishing Company The Pasco Municipal Code is current through Ordinance 4578, passed February 7, 2022. 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Proposal: Todd Sternfeld, on behalf of Candy Mountain Academy (See: http://www.esdl23.org(CMA), has submitted a Special Permit application (SP 2022-001) to locate a behavioral health and social- emotional education special needs school facility at 611 W Columbia Street(Parcel#112043244)in Pasco, WA.The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on 9 March 2022. Only comments received by the referenced date will be included in the public record.If you have questions on the proposal,contact the Planning Division at(509) 545-3441 or via e-mail to: adamsj@pasco-wa.gov. Open Record Hearing:The Hearing Examiner will conduct an open record hearing for the Special Permit application (SP 2022-001)at 6:00 p.m. on 9 March 2022 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington.The Hearing Examiner will consider public testimony concerning the above application at this meeting. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.Bov/publiccomment After registering,you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Special Permit within ten (10) days of the public hearing. The City of Pasco welcomes full participation in public meetings by all citizens.No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings.If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the Community Development Department at(509) 545-3441 or TDO(509)585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Prepared 24 Feb 2022 by Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545- 3441 N S Z 1 lb SITE or 74 s _ Ig .NO. Zk � - 35 70 1_40 210 280 �- Feet .• MARTIN& MARIA T RODRIGUEZ (JR WESTERN MATERIALS INC 611 W COLUMBIA ST PO BOX 452 PASCO, WA 99301 PASCO, WA 99301 MIRNA S AGUAYO 961 DECKER RD PASCO, WA 99301 RESIDENTIAL RENTALS I LLC PO BOX 6004 KENNEWICK, WA 99336 S & K STRATEGIC PROPERTIES LLC PO BOX 3049 PASCO, WA 99302 SEA-MAR FARMWORKER AND COMMUNI 1040 S HENDERSON SEATTLE, WA 98108 SHANE & JAMIE L FAST 3109 W 46TH AVE KENNEWICK, WA99337 SIMON P & ANITA OCHOA 115 N 4TH AVE PASCO, WA 99301 Addendum Candy Mountain Academy(SP 2022-001) Additional Findings of fact: 1) Maximum building capacity for 3,720 sq. ft.: We have not been given a count for the teachers and students. Since we do not know the internal use/layout of each room the occupancy for the structure cannot be calculated. 2) Estimated Peak hour trips: ITE Trip Generation Manual 10th Edition Elementary School (LUC 520) Building Size: 3,720 sq.ft. AM Peak Hour Trips 6.97 Trips per 1,000 sq.ft. of building area 6.97 * 3.72 = 25.92 AM Peak Hour Trips PM Peak Hour Trips 1.37 Trips per 1,000 sq.ft. of building area 1.37 * 3.72 = 5.10 PM Peak Hour Trips Since K-8 is only addressed in the ITE Manual for Private Schools,the Elementary School calculation has been used as it covers the majority of grades served; The following is the calculation using Middle School: ITE Trip Generation Manual 10th Edition Middle School/Junior High School (LUC522)* Building Size: 3,720 sq. ft. PM Peak Hour Trips 1.19 Trips per 1,000 sq.ft. of building area 1.19 * 3.72 =4.43 PM Peak Hour Trips *No AM Peak Hour Trips studies were completed for this land use. Additional condition: 1) The Candy Mountain Academy shall not object to the transfer, renewal or issuance of a liquor or cannabis license (if applicable)for an existing or new establishment within 1,000 feet of the property. Jeff Adams From: Thomas Granbois (Big Maple Properties) <bigmapleproperties@gmail.com> Sent: Saturday, February 19, 2022 4:48 PM To: Jeff Adams Subject: Public Comment: SP2022-001 611 W Columbia St, Pasco - oppose [You don't often get email from bigmapleproperties@gmail.com. Learn why this is important at http://aka.ms/LearnAboutSenderidentification.] [NOTICE: This message originated outside of City of Pasco-- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Thank you for the opportunity to comment on the special permit request. I oppose the special use permit for Candy Mountain Academy. It goes against the goals for the area to be a commercial and entertainment area as laid out in the C2 zoning and will have negative impact on current future business uses in the downtown area. Thank you, Thomas Granbois Big Maple Properties 108 N 4th Ave Pasco,WA 99301 509-795-1804 1 Jeff Adams From: Carl Holder <holdercarl@hotmail.com> Sent: Saturday, February 19, 2022 12:03 PM To: Jeff Adams Subject: Public Comment: SP2022-001 611 W Columbia St, Pasco - oppose IYou don't often get email from holdercarl@hotmail.com. Learn why this is important [NOTICE: This message originated outside of City of Pasco-- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Community Development Department Thank you for the opportunity for Public Comment During 2021, an ad hoc group gathered to influence the Pasco City Council to modify approved uses in the Downtown C2 zone. This was successfully negotiated and accomplished. One line item, a discussion for approved use, was additional civic services for homeless, mental health counseling, ex-con half-way, drug addiction, rehab, etc. This line item was overwhelmingly opposed and did not advance. oppose location of Candy Mountain Academy for this location, SP2022-001, 611 W Columbia St. Best regards, Carl Holder 402 W Lewis St Pasco WA 99301 i City0f Community Development Department PO Box 293, 525 N 31d Ave,Pasco,WA 99301 V-dsco P: 509.545.3441/F:509.545.3499 NOTICE OF APPLICATION/SEPA DETERMINATION MAR 0 a22 (Optional DNS Process) Communitya E 0e,/elop.,c "0mic Si necesita ayuda para entender este aviso o necesita mas information, por favor Ilame al Departament� de Desarrollo Comunitario y Economico de la Ciudad de Pasco a 509-545-3441. Proposal: Todd Sternfeld, on behalf of Candy Mountain Academy (See: ntip://www.esd123.org/CMA), has submitted a Special Permit application (SP 2022-001) to locate a behavioral health and social- emotional education special needs school facility at 611 W Columbia Street(Parcel#112043244)in Pasco, WA.The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community nevelopment Department by 5:00 p.m. on 9 March 2022. Only comments received by the referenced date will be included in the public record. If you have questions on the proposal, contact the Planning Division at(509) 545-3441 or via e-mail to: adamsj@pasco-wa.gov. Open Record Hearing:The Hearing Examiner will conduct an open record hearing for the Special Permit application (SP 2022-001) at 6:00 p.m. on 9 March 2022.in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. The Hearing Examiner will consider public testimony concerning the above application at this meeting. If you wish to participate in the hearing virtually,please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.Rov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Special Permit within ten (10) days of the public hearing. i The City of Pasco welcomes full participation in public meetings by all citizens.No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings.If you wish to use auxiliary aids or require assistance to comment at this public meeting,please contact the Community Development Department at(509)545-3441 or TDD(509)585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Prepared 24 Feb 2022 by Jeffrey B.Adams,Associate Planner, PO Box 293 Pasco,WA 99301 (509) 545- 3441 1��y 'V�_ 4 Ili So IJ-UA� �`C�1 vim- L C-C) IV viCiriit Item: Special Permit - Candy Mountain Academy N �' Applicants: Todd Sternfeld c/o ESD 123 w E. Map File #: SP 2022-001 s � y l- 4 �r _ SITE � Y• t OP, T F �- - 35 70 140 210 280 1 - 1•Feet