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HomeMy WebLinkAboutHE Determination SP 2022-006 Iglesia Apostolica CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND CONDITIONS SP 2022-006 ) OF APPROVAL Iglesia Apostolica de la Fe en Cristo Jesus ) USA THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on August 10, 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 Legal: Lots 23 &24,Block 14, Gerry's Addition to Pasco(Franklin County Tax Parcel 4 112042138). 1.2 General Location: 517 West Lewis Street. 1.3 Property Size:Approximately 0.16 acres(6,999.73 square feet). 2. ACCESS: The site has access from West Lewis Street and the alley behind the building. 3. UTILITIES: The site is served by both water and sewer services from the alley to the north. 4. LAND USE AND ZONING: The property is currently zoned C-2(Central Business) and is developed with the old Pasco Theater, which has been closed for several years. Surrounding properties area also zoned C-2 (Central Business) and are developed with numerous service and retail business structures. 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for commercial uses. The plan does not specifically address churches, but various elements of the plan address locating businesses in appropriate locations for their anticipated uses. Land Use Policy LU-1-D states:"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."Land Use Policies LU-6-A and LU-6-13 direct the City to "Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability"and"Promote efficient and functional neighborhood level and major commercial centers to meet community demand."Land Use Policy ED-3-D suggests the City"Require businesses and buildings in and adjacent to the Central Business District to conform to established development standards." 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.An environmental determination will be made after the public hearing for this SP 2022-06 Iglesia Apostolica Page 1 of 7 project. A Determination of Non-Significance or Mitigated Determination of Non- Significance is likely for this application,under WAC 197-11-158. 7. PROPOSAL: The Applicant, Guadalupe Ruiz, on behalf of the Iglesia Apostolica de la Fe en Cristo Jesus USA, wishes to operate a church facility to be located in an existing theater at 517 West Lewis Street. 8. PROPERTY DESCRIPTION: The site is developed with a 7,000 square-foot theater, which was built in 1956. The site has direct access from West Lewis Street. Churches generally locate in or near residential neighborhoods. While the site in question is in a commercial area, it is close to the residential areas north and west of downtown. 9. HISTORY: The site is part of the 1907 Gerry's Addition to Pasco. The site was originally zoned C-1 in 1938 (Ordinance 435). The site was incorporated into the Central Business district and zoned C-2 over 20 years ago. 10. In 2002 the the Iglesia Apostolica applied for a Special Permit at the same location and was denied, based on the following alternate findings of fact: 10.1 Will the proposed use be in accordance with the goals, policies, objectives, and text of the Comprehensive Plan? 10.1.1 The Comprehensive Plan (LU-413) encourages the concentration of commercial activities which are functionally and economically beneficial to each other. The zoning regulations are used to implement the Comprehensive Plan. The proposed site is located in the Central Business District Zone (C- 2). 10.1.2 The purpose of the C-2 zone is to, among other things, encourage the clustering of retail businesses and retail services, which functionally interact well together and will economically fare better as a result of close proximity to one another. 10.1.3 The Downtown Development Association's business plan/strategy encourages the location of additional retail and professional businesses within the Central Business District. 10.1.4 The proposed use is not supported by the Comprehensive Plan and its implementation tools. 10.2 Will the proposed use adversely affect the public infrastructure? 10.2.1 The proposed use is located in an area that is fully served by all City utilities. Public infrastructure was designed to serve the intensive demands of commercial activities. 10.3 Will the proposed use be constructed, maintained, and operated to be in harmony with the existing or intended character of the general vicinity? 10.3.1 The proposed use will be located in an existing building.No exterior changes will take place. The general character of the surrounding area is retail business and is not characterized by churches or other community service types of land uses. The general character of the area will be altered due to the non-retail nature of the church. SP 2022-06 Iglesia Apostolica Page 2 of 7 10.4 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? 10.4.1 The proposal involves utilizing an existing building. The location and height of the building will not change. 10.5 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? 10.5.1 Without strict oversight, the operation of a church on this property could become a nuisance to adjoining retail businesses. In the past churches located in common wall buildings have created nuisances for adjoining businesses through the creation of excessive noise. The operation of retail and office businesses does not generate objectionable noises. 10.6 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? 10.6.1 The site lacks adequate fire system/sprinklers for large gatherings; capacity may be limited and should be part of the special permit conditions. 10.6.2 Also, City staff have received complaints about the operation of the church at 411 West Clark. Choir practice and the playing of musical equipment at this church has created a nuisance for the adjoining business. Large functions at the church have also generated complaints due the failure of the church keep the adjoining street, sidewalk, and alley free of litter and debris. City Code Board records list 8 code complaints and 6 Code Board cases, as well as one police call for the site from 2006 to present. 10.7 The Council may add other findings as a result of discussions during the closed record hearing. 10.7.1 At that time, motions to accept the above alternate findings of fact, and to deny the Special Permit were passed by a 4-3 vote of the City Council. 10.7.2 Since that time the Comprehensive Plan has been revisited and the abovementioned "Comprehensive Plan Policy LU-413" calling for the "concentration of commercial activities which are functionally and economically beneficial to each other"has been eliminated. 10.7.3 As well, the prohibition of Community Service facilities, level one, generally, and churches specifically, in the downtown area has been removed from the C-2 zoning code. 11. Church facilities require Special Permit review under the provisions of Pasco Municipal Code (PMC) 25.200.020(4) Unclassified uses. Church facilities qualify as Community service facilities, level one,as defined in PMC 25.15.050. 12. The C-2 zoning district does not require provisions for off-street parking for permitted uses. This is partly because for most adjacent uses—small retail shops and restaurants—the ebb and flow of foot traffic is more gradual. Churches, by contrast, typically experience sudden influxes of patrons during meeting times, bringing to bear associated peaks in vehicular traffic. As such, it is appropriate to require parking facilities to accommodate such traffic SP 2022-06 Iglesia Apostolica Page 3 of 7 flows. PMC 25.185.170(2) requires one parking space for each four seats based upon maximum seating capacity or at least one space for every 10 lineal feet of bench seating for churches and similar community service uses. 13. The C-2 zoning district allows for common wall construction. The site shares a common wall with the adjacent buildings to the east and west. Previous church locational requests in common wall buildings have been conditioned to limited noise during normal business hours. 14. Public notice of this hearing was sent to property owners within 300 feet of the property and in the Tri-City Herald on June 14,2022. 15. The site is developed with a 7,000 square-foot theater. 16. The theater was built in 1956. 17. The site has direct access from West Lewis Street. 18. Churches generally locate in or near residential neighborhoods. 19. The site is in a commercial area. 20. The site is part of the 1907 Gerry's Addition to Pasco. 21. The site was originally zoned C-1 in 1938. 22. The site was incorporated into the Central Business district and zoned C-2 over 20 years ago. 23. The the Iglesia Apostolica applied for a Special Permit In 2002 at the same location 24. The 2002 Special Permit application was denied based on alternate findings of fact. 25. Since that time Comprehensive Plan Policy LU-413"has been eliminated. 26. The prohibition of Community Service facilities, level one has been removed from the C-2 zoning code. 27. Church facilities require Special Permit review under PMC 25.200.020(4). 28. Church facilities qualify as Community Service facilities, level one, as defined in PMC 25.15.050. 29. The C-2 zoning district does not require provisions for off-street parking for permitted uses. 29.1 However, off-street parking is required for church uses in the amount of one parking space for each four seats, or one parking space for every 10 lineal feet of bench seating for churches and similar community service uses. The Applicant will be required, in the Conditions of Approval, to provide off-street parking in the number set forth in the formula above. The Applicant shall be required to limit the number of attendees using the site based upon the off-site parking provided by the Applicant.In other words, if the Applicant has 50 off-street parking spaces, then the attendees for any event shall be limited to 200 persons. If there are 25 off-street parking spaces, then attendees are limited to 100. 30. PMC 25.185.170(2) requires one parking space for each four seats based upon maximum seating capacity or at least one space for every 10 lineal feet of bench seating for churches and similar community service uses. 31. The C-2 zoning district allows for common wall construction. 32. The site shares a common wall with the adjacent buildings to the east and west. SP 2022-06 Iglesia Apostolica Page 4 of 7 33. The site capacity may be limited due to lack of adequate fire system/sprinklers. 33.1 Troy Hendren, City of Pasco Building Official/Fire Marshal, indicated that use of the facility as a theatre (assembly group "A-1") requires fire sprinklers and fire alarms if occupant level is 300 or more. He determined that for the "A-1" use, and the square footage of the site, it would hold 885 occupants if fire sprinkler, fire alarms, and an additional egress was provided, and would hold 299 occupants without fire sprinklers,fire alarms, and additional exits. 33.2 Mr. Hendren also did an analysis for a church which is assembly group "A-3". Mr. Hendren had the same findings as for group "A-1" for the church. 885 occupants would be allowed based upon the square footage of the site, if fire sprinklers, fire alarms, and additional egress are provided. The site would be limited to 299 occupants without fire sprinklers,fire alarms, and repaired exits. 34. An open record public hearing after due legal notice was held August 10, 2022, with the Applicant, staff and public appearing in person, and the Hearing Examiner appearing via Zoom videoconference. 35. Appearing and testifying on behalf of the property owner was Guadalupe Ruiz. Mr. Ruiz testified that he was an agent of the property owner and Applicant and was authorized to appear and speak on the property owner/Applicant's behalf. He indicated that he had reviewed the staff report, agreed with all the representations set forth within the staff report and had no objection to any of the proposed Conditions of Approval. He stated that services would only be held on Sundays and Wednesdays and limited to two hours each. He understood the concerns regarding off-street parking and noise. 36. Testifying from the public were the following persons: 36.1 Victor Murillo. Mr.Murillo was a former member of this church. He indicated that at the site they had 200 seats and had no parking issues. 36.2 Benjamin Torres.Mr. Torres indicated that he is a church member and they are aware of the parking limitations. 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. 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 church 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. Land Use Policy LU- 1-D states: "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." 1.2 Land Use Policies LU-6-A and LU-6-B direct the City to "Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure SP 2022-06 Iglesia Apostolica Page 5 of 7 availability" and "Promote efficient and functional neighborhood-level and major commercial centers to meet community demand." 1.3 Land Use Policy ED-3-13 suggests the City"Require businesses and buildings in and adjacent to the Central Business District to conform to established development standards." 2. Will the proposed use adversely affect public infrastructure? 2.1 The building is located in an area that is fully served by all City utilities. Public infrastructure was designed to serve the demands of commercial activities. The church facility use of the property might increase water usage slightly. 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 The Comprehensive Plan indicates the site is primarily intended for Commercial uses. The proposed use will be located in an existing building, originally built and operated as a theater.Any interior remodeling will be required to meet PMC building code standards. The facility would be required to operate in a professional manner compatible with surrounding retail uses. 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? 4.1 The proposal involves utilizing an existing building. The location and height of the building will not change. The proposed use might not contribute to the symbiosis of retail clustering in the vicinity. 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 The proposed use may create influxes of traffic and noise which are atypical of permitted uses in this zoning district. The traffic ingress/egress patterns will likely differ from surrounding retail uses. 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 Church facility uses typically do not endangered public health. The proposed use does not involve the manufacture,production or sale of any product that could endanger the public or become a nuisance. However, the site lacks adequate fire system/sprinklers for large gatherings; capacity may be limited and should be part of the special permit conditions. 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 2022-06, subject to the following Conditions of Approval. SP 2022-06 Iglesia Apostolica Page 6 of 7 IV. CONDITIONS OF APPROVAL All conditions imposed by this decision shall be binding on the applicant,which includes the owner or owners of the properties,heirs, assigns, and successors. 1. The special permit shall apply to Parcel 112042138 2. Major traffic-generating programs,activities,and functions shall not be permitted between 8:00 am and 6:00 pm 3. Applicant shall maintain the storefront of the building in a professional manner, including signage,program advertising, and window treatments. No clutter shall be visible from the sidewalk. 4. Maximum building capacity shall be based on current International Fire Code(IFC)fire rating, as approved by the City of Pasco.Increased capacity shall require improvements meeting City-adopted IFC standards. 5. Off-street parking shall be provided per PMC 25.185.170(2),at one space for each four seats based upon maximum seating capacity or at least one space for every 10 lineal feet of bench seating. The number of attendees to church services or other events is limited based on the number of off-street parking provided by the Applicant. 6. The special permit shall be null and void if a City of Pasco, Occupancy Permit is not obtained within one year of Special Permit approval. 7. This special permit shall be reviewed by the Hearing Examiner in two years from the date of approval. Dated this 19`x'day of August, 2022. CITY OF PDASCDO HEARING EXAMINER Andrew L.Kottkamp Absent a timely appeal,this Decision is final 1 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). SP 2022-06 Iglesia Apostolica Page 7 of 7