HomeMy WebLinkAboutHE Determination SP 2022-002 Morales Banquet Hall CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
DECISION AND CONDITIONS
SP 2022-002 ) OF APPROVAL
Morales Banquet Hall )
TH[S MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on April
13, 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: The East 295.16' of the South 147.58' of the north 442.74' of the Northeast '/4
of the Northeast '/4 of the Northeast `/4 of Section 26,Township 29 North,Range 09
East(Franklin County Tax Parcel#119 491 113).
1.2 General Location: The 1300 block of Road 36.
1.3 Property Size: .92 acres(39,873.95 square feet).
1.4 Applicant: Jessica Morales, 3909 Equinox Ct.,Pasco, WA 99301
2. ACCESS: The site has access from Road 36.
3. UTILITIES: Water and sewer service are both available in Road 36.
4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail Business)and is
vacant. Surrounding properties zoned and developed as follows:
North C-1 Commercial
East C-3 US Post Office
South C-1 Contractor shop
West R-1 SFDUs
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is primarily
intended for commercial uses, with a curved triangular area extending from the southwest
corner eastward approximately 48' and northward approximately 92' designated for Low-
Density Residential.
5.1 Land Use Policy LU-1-D: Land uses should be permitted subject to adopted
standards designed to mitigate land use impacts on adjacent, less intensive uses,
while preserving constitutionally protected forms of expression.
5.2 Economic Development Policy ED-2-B: Encourage development of a wide range of
commercial and industrial uses strategically located near major transportation
corridors or facilities and in close proximity to existing or proposed utility
infrastructure while supporting local and regional needs.
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5.3 Economic Development Policy ED-3-A: Enhance compatibility of commercial and
industrial development with residential and mixed-use neighborhoods with
appropriate landscaping, screening, building and design standards.
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
Mitigated Determination of Non-Significance (MDNS)was issued for this project on April 5,
2022, under WAC 197-11-158. Mitigation will include the following: 1) An inadvertent
discovery protocol must be established for the potential discovery of cultural or historical
artifacts before or during improvements/construction.
7. PROPOSAL: Applicant wishes to construct and run a 3,944-square-foot Banquet Hall
facility to be located at the 1300 block of Road 36. A Special Permit for a 4,895-square-foot
childcare center on the same lot was approved July 14, 2020. Peak times of use would be
mostly weekend evenings from 5-9 pm.
8. PROPERTY DESCRIPTION: The site is located at approximately the 1300 block of Road
36 across from the US Post Office and about a block south of West Court Street, which is a
major east/west arterial; as such, the site has good transportation access. Surrounding
properties to the north, east, and south are zoned C-1 (retail commercial) and are developed
with commercial uses, including a US Post Office to the east. Properties to the west are zoned
R-1 and are developed with single-family residential units.
9. HISTORY: The site was annexed into the City (Ordinance 2535) and assigned C-1 zoning
(Ordinance 2540) in 1985. The site is vacant and has been used for illegal parking of semi-
trucks off and on over the last few years (e.g., Code Enforcement Board Cases #CEB 2012-
2787 &2021-0016).
10. CODE REQU EREMENTS: Banquet Hall facilities most closely resemble Dance halls and
nightclubs, and as such, require Special Permit review under the provisions of Pasco
Municipal Code (PMC) 25.85.040(6) Permitted conditional uses. The Pasco Municipal Code
requires lot and street frontage improvements, including curb, gutter, sidewalk, landscaping,
and utility installation in conjunction with any new construction. Parking for Amusement and
Recreation facilities such as Banquet Halls is specified in PMC 25.185.170(1) and is
calculated as one space for every 100 square feet of floor area. Thus a 3,944-square-foot
Banquet Hall use would require 40 on-site parking spaces. The submitted site plan includes
45 total parking spaces for both the daycare and the Banquet Hall buildings. The Banquet
Hall and Daycare center use hours will not likely overlap. While this meets the requirements
of PMC 25.185.170(1), this may become an issue when people over-invite guests to their
events, particularly as there is no on-street parking allowed at this point along Road 36. Staff
recommended a condition requiring Hearing Examiner review of the permit, including further
parking mitigation or possible termination of the permit, should parking become a chronic
issue. Because of the residential uses adjacent to the west, noise--primarily loud music from
the building—is also a primary concern. Staff recommended a condition requiring Hearing
Examiner review, including possible termination of the permit, should a trend of noise
violations of PMC 9.130.030 become apparent. According to the Institute of Transportation
Engineers (ITE) Trip Generation Manual, 9'h edition, 925 (Drinking Place) generates
approximately 15.53 per 1,000 square feet, or 61.18 total peak hour trips. A traffic impact
analysis shall be required for the proposed developments to this lot. Fire hydrants shall be
required within four hundred feet of the most remote corner of each building and meeting the
required fire flow and duration.
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I 1. Public notice of this hearing was sent to property owners within 300 feet of the property,
posted in the City's website, and in the Tri-City Herald on March 21,2022.
12. The Applicant wishes to construct and run a 3,944-square-foot Banquet flail facility
13. A Special Permit for a separate 4,895-square-foot childcare center on the same lot was
approved in 2020. Construction on the childcare center has not started.
14. The site is located at approximately the 1300 block of Road 36.
15. The site is about a block south of West Court Street.
16. Court Street is a major east/west arterial.
17. The site has good transportation access.
18. The site was annexed into the City in 1985.
19. The site was assigned C-1 zoning in 1985 in conjunction with the annexation.
20. The site is vacant.
21. The site has been used for illegal parking for years.
22. Surrounding properties to the north,east, and south are zoned C-1 (retail commercial).
23. Surrounding properties to the north, east, and south are developed with commercial uses,
including a US Post Office to the east.
24. Properties to the west are zoned R-I
25. Properties to the west are developed with single-family residential units.
26. Banquet Hall facilities require Special Permit review under PMC 25.85.040(6).
27. Pasco Municipal Code requires lot and street frontage improvements with new construction.
28. Frontage improvements, including curb, gutter, sidewalk, landscaping, and utility installation
shall be required.
29. Parking for Amusement and Recreation facilities such as Banquet Halls is specified in PMC
25.185.170(1)
30. Parking for Amusement and Recreation facilities is calculated as one space for every 100
square feet of floor area for places with no fixed seating.
31. A 3,944-square-foot Banquet Hall use would require 40 on-site parking spaces.
32. The submitted site plan includes 45 total parking spaces for both the daycare and the Banquet
Hall buildings.
33. The proposed parking meets the requirements of PMC 25.185.170(1).
34. An open record public hearing after due legal notice was held April 13, 2022 via Zoom
videoconference.
35. Appearing and testifying was Jessica Morales. Ms. Morales testified that she was an agent
authorized to appear and speak on behalf of the property owner and Applicant. Ms. Morales
indicated that she had no objection to any of the proposed Conditions of Approval. She
testified that the use would be on weekends, primarily Saturdays between 5:00 p.m. and 9:00
p.m. She stated that the guest limit would be 100. She stated there would be no live music.
She stated she understood the strict enforcement of both parking and noise standards.
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36. No member of the public appeared at the hearing.
37. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
38. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
H. 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 25.200.080 and 25.200.100) therefrom as
follows:
1. The proposed use is in accordance with the goals, policies, objectives and text of the
Comprehensive Plan as follows:
1.1 Land Use Policy LU-1-D: Land uses should be permitted subject to adopted
standards designed to mitigate land use impacts on adjacent, less intensive uses,
while preserving constitutionally protected forms of expression. Conditions should be
placed on the Banquet Hall facility which would mitigate any negative effects on
neighboring residential development.
1.2 Economic Development Policy ED-2-B: Encourage development of a wide range of
commercial and industrial uses strategically located near major transportation
corridors or facilities and in close proximity to existing or proposed utility
infrastructure while supporting local and regional needs. The proposed Banquet Hall
facility would be located near West Court Street, an arterial street; Road 36 is a
collector.
1.3 Economic Development Policy ED-3-A: Enhance compatibility of commercial and
industrial development with residential and mixed-use neighborhoods with
appropriate landscaping, screening, building and design standards. Pasco Municipal
code requires landscaped buffers between commercial and residential uses, as well as
other design elements which serve to help mitigate commercial impacts on
neighboring residential uses.
2. The proposed use will not adversely affect public infrastructure as follows:
2.1 The proposed facility is located within a block or so of an arterial street that is
capable of handling significant traffic. The proposed building will be required to
hook up to City sewer and water services. Utility demands for this use would likely
be similar to or less intense than other permitted uses in the C-1 zoning district.
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 proposed buildings shall be built according to PMC commercial retail standards.
Surrounding properties are already fully developed. Conditions relating to facility
operations should be placed on the Banquet Hall facility to mitigate any negative
effects on neighboring residential development.
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:
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4.1 Surrounding properties are fully developed with commercial to the north, east, and
south, and residential to the west. The proposed Banquet Hall facility would be
required to conform to the height parameters and setbacks specified for the C-1
zoning district and would be required to follow City building codes.
5. The operations in connection with the proposal will not 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 because:
5.1 The proposed use will create some increased traffic and noise. However, other uses
allowed in the C-1 zoning district without Special Permit review could potentially
generate more noise, fumes, vibrations, dust and traffic than operation of a Banquet
Hall.
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 Banquet Hall uses have the potential of increasing risks to public health, and to create
nuisance conditions.
7. As conditioned,the project complies with the requirements of the Pasco Municipal Code.
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 2022-002, subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The special permit shall apply to Parcel#119 491 113.
2. The applicant must receive approval from the applicable City development review process.
3. ROW shall be dedicated considerate of the cul-de-sac to the west at time of project
development review.
4. Parking shall be provided as per PMC 25.185.170.
5. All improvements must be as per current minimum standards.
6. The building and grounds of the Banquet Hall shall be constructed in substantial conformance
to the submitted site plans.
7. The building and grounds of the Banquet Hall shall always maintained in a professional
manner.
8. The Banquet Hall facility shall conform to the noise regulations found in PMC 9.130.030.
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9. The applicant shall maintain all necessary licenses.
10. The special permit shall be null and void if a City of Pasco building permit is not obtained
within one calendar year of City Special Permit approval.
1 l. Hearing Examiner review of the permit, including possible mitigation, shall be required if
actual use of parking as per PMC 25.185, and in the sole discretion of staff, is found to be
inadequate.
12. Hearing Examiner review of the permit, including mitigation or possible termination of the
Special Permit,shall be required if a trend of noise violations of PMC 9.130.030 becomes
apparent in the sole opinion of City staff.
13. Pursuant to traffic volumes set forth in the Institute of Transportation Engineer's Trip
Generation Manual, 9'b Edition, as relates to"Drinking Place", a traffic impact analysis is
required for the combined developments of this lot. The Applicant shall comply with all
recommendations set forth in the analysis and those of the City of Pasco based on the
analysis.
Dated this 14th day of April, 2022.
CITY OF CARLEXAM1
Andrew L. 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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