HomeMy WebLinkAboutHE Determination SP 2022-001 Candy Mountain Academy CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
DECISION AND CONDITIONS
SP 2022-001 ) OF APPROVAL
Candy Mountain Academy )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
March 9, 2022, 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 Leal: 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).
1.2 General Location: 611 W Columbia Street.
1.3 Property Size: .15 acres (6,479.76 square feet)
1.4 Applicant: Todd Sternfeld, c/o Candy Mountain Academy, 2526 W 33rd Place,
Kennewick, WA 99337
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
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Determination of Non-Significance (DNS)was issued for this project on March 3, 2022,
under WAC 197-11-158.
7. 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.
8. 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, htty://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 151 through 8`h
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 behcrvior
health and management to ensure students make progress academically as they
learn how to manage their own behavior.
9. 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.
10. 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.
11. 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.
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12. CODE REQUIREMENTS: Special needs school facilities are considered unclassified uses
under PMC 25.200.020(1), and as such,require Special Permit review under the provisions of
Pasco Municipal Code (PMC)25.200.020(4) Unclassified uses.
13. As per PMC 25.185.170(3) required parking for educational facilities varies based on the
facility type:
13.1 Elementary schools -One and one-half spaces for each classroom or teaching station.
13.2 Middle schools - Two spaces for each teaching station.
13.3 High schools - One space for each employee plus one space for each eight students.
14. 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 off-street 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).
15. At the open record public hearing, the Applicant stated that there would be up to 12 students
and 12 staff members. This number would ultimately be limited by building capacity and
State of Washington required teacher-student ratios.
16. Maximum building capacity for 3,720 sq. ft.: Since the internal use/layout of each room is
unknown,the occupancy for the structure cannot be calculated.
17. Estimated Peak hour trips:
17.1 ITE Trip Generation Manual 10th Edition Elementary School (LUC 520) - Building
Size: 3,720 sq. ft.
17.2 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;
17.3 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;
17.4 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;
17.5 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
17.6 No AM Peak Hour Trips studies were completed for this land use.
18. The site lies just outside the Central Business district.
19. There is no on-site parking for this building. The 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.
20. A NFPA 72, IF, PMC-compliant fire alarm system is required.
21. The Public Notice was mailed out and published in the Tri-City Herald on February 24, 2022.
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22. The Applicant wishes to operate a Behavioral health and social-emotional education special
needs school facility at 611 W Columbia Street.
23. The Applicant plans to modify the existing structure to serve the special needs school use.
24. No significant exterior or structural modifications are contemplated other than signage and
compliance with applicable City development standards.
25. Interior reconfiguration and remodeling will occur to accommodate the school's business and
educational needs.
26. Uses will include classroom space, administrative offices, and accessory facilities.
27. The site is located at 611 W Columbia Street.
28. The site is in a mixed-use area.
29. The site is developed with an office building.
30. The site is approximately midway between North 5th and 6th Avenues.
31. Special needs school facilities are considered unclassified uses under PMC 25.200.020(1).
32. Special needs school facilities require Special Permit review under the provisions of Pasco
Municipal Code(PMC) 25.200.020(4).
33. As per the Applicant, student ages will range from 1st through 8th grade.
34. Programs will address academic and social skills, appropriate ways to manage behavior and
improve self-esteem.
35. Candy Mountain Academy is a described as a"behavior intervention program."
36. The Academy employs experts in behavior health and management to ensure students learn
how to manage their behavior.
37. Candy Mountain Academy directly serves special needs students in 23 school districts served
by ESD 123.
38. Students are not permitted to leave the building or site without a parent or guardian.
39. As per PMC 25.185.170(3) required parking for educational facilities varies based on the
facility type:
39.1 Elementary schools- One and one-half spaces for each classroom or teaching station
39.2 Middle schools -Two spaces for each teaching station
39.3 High schools- One space for each employee plus one space for each eight students
40. The proposed facility would engage children from 1 st through 8th grades.
41. 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.
42. The site lies just outside the Central Business district.
43. An open record public hearing after due legal notice was held March 9, 2022 via Zoom
videoconference.
44. Appearing and testifying on behalf of the applicant were the following individuals:
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44.1 Mark Fickes. Mr. Fickes is the attorney for the Applicant. He stated that his client
proposes to buy the property and then lease to ESD 123 for the operation of this
school. He indicated that the Applicant agreed with staffs analysis of the special
permit approval criteria. He argued that these students suffer fi•om a disability
making them a protected class of persons. He indicated that the students would be
bussed to and from the site. There would be no parental or guardian drop off or pick
up of the students. Regarding parking, he indicated that the Applicant owns the lot to
the west of the site and there is sufficient parking on that lot.
44.2 Todd Sternfeld. Mr. Sternfeld testified that he is under contract to purchase the
property. He indicated that through his research he has determined that Pasco has
over 92,000 sq.if. available for commercial leasing. Therefore, there is no shortage of
commercial leasing.
44.3 Chuck Fleming, Mr. Fleming also testified on behalf of the Applicant. Mr. Fleming
works for ESD 123. He would be working at this school. He indicated that the
purpose of the school is to prepare the children to return to their normal schools and
classes. He testified that there would be 12 students on the site and up to 12 staff
members. The grades of the students would be between 1" and 8"' grade, with ages
being between ages six to 14. He indicated that the property is already fenced. He
indicated that the children all have an individual education program. He indicated
that the children must have a disability in order to get an fEP.
45. Testifying from the public were the following individuals:
45.1 Thomas Granbois. Mr. Granbois testified consistent with his written comments. He
indicated that there would be a negative impact on the C-2 zoned businesses. He
indicated that schools have the right to object to the location of places that serve
alcohol within 1,000 feet of the school.
45.2 Carl Holder. Mr. Holder owns property in the C-2 zone. His concern is that this use
of a school would limit the allowed uses in the area. Mr. Holder submitted a copy of
portions of Chapter 25.90 of the Pasco Municipal Code, along with a map
designation indicating 1,000 feet from the property. These documents were admitted
into the record.
45.3 Jose IniLrue7. Mr. Iniguez owns a business in the C-2 zone. He testified that this
school will limit future businesses from locating in this area if they need approval of
a liquor license.
45.4 Leonard Morales. Mr. Morales owns a business within 1,000 feet of the subject
property. His concern is that having a school in this zone will be detrimental to
attracting new businesses into the area.
45.5 David Cortinas. Mr. Cortinas testified against the project. He indicated that in his
belief this school will be a deterrent in attracting entertainment, and food businesses,
as well as retail. He believes that the project area should be much greater than that
described by the Applicant. As with other witnesses, he believed that the existence
of the school in this location will be a detriment to the location of new businesses
seeking to locate here that may require a liquor license.
45.6 Delia Hernandez. Ms. Hernandez owns property adjacent to the subject property. She
believes that the children at the school may cause problems in the area. She indicated
that the Applicant's representatives have trespassed on her property by using her
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parking lot. She has indicated to the Applicant that they are not authorized to park on
her property. The bottom line is that she believed that this service of a special needs
school should be located on school district property, and not in the middle of
downtown Pasco.
46. Upon questioning of the Hearing Examiner, staff indicated that their proposed additional
condition, adopted by the Hearing Examiner and set forth as Condition of Approval No. 8, is
a common condition of approval proposed by the City of Pasco when school are located
outside of school district property. He indicated that the purpose of this condition is to
prevent the Applicant from objecting to the establishment of new or existing businesses
serving or selling alcohol or Cannabis, so as to not object to new or existing businesses being
located within 1,000 feet of the school that would serve or sell alcohol or Cannabis.
47. In response, Mr. Fickes testified that the Applicant does not object to any of the proposed
Conditions of Approval, including what has been set forth herein as Condition of Approval
No. 8. He further indicated that the Applicant was willing to put"no parking" signs to deter
vehicles visiting the Applicant's property from parking on Ms. Hernandez's property.
48. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
49. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II. CONCLUSIONS OF LAW
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 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?
2.1 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 intended character of the general vicinity?
3.1 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?
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4.1 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?
5.1 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?
6.1 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.
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 2022-001, subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The special permit shall apply to Parcel 4 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 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.
9. The special permit shall be null and void if the above conditions are not met.
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Dated this Y/ day of March, 2022.
CITYAYASCO HEARING EXAMINER
11L,11 iroz-�-
ew L.Kottk p
Absent a timely appeal,this Decision is finals
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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