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
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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.
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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
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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.
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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
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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.
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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).
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