HomeMy WebLinkAboutHE Determination SP 2022-016 Vasquez Event Center CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
DECISION AND CONDITIONS
SP 2022-016 ) OF APPROVAL
Vasquez Event Center )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
December 14, 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: PTN 28-9-30 DAF;N 248.71'OF W 228.71 OFNW4NW4SE4(Parcel
113900048).
1.2 General Location: 2302 E Lewis Street.
1.3 Property Size: Approximately 49,857 square feet or 1.14 acres.
1.4 Request: Special Permit: Event center at 2302 E Lewis St(Parcel 113900048).
2. ACCESS: Access to the site is available from E Lewis Street.
3. UTILITIES: The site is connected to municipal water and sewer.
4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business). The site is developed
with one commercial structure. Surrounding properties zoned as follows:
North: C-3 Autobody shop
East: R-3 SFDU's
South: R-2 Vacant land and SFDU's
West: C-1 Vacant commercial land
5. COMPREHENSIVE PLAN:The Comprehensive Plan designates this area for commercial
uses.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-B calls for the City to"enhance the physical appearance of development within
the community through land use regulations, design guidelines, and performance and
maintenance standards including landscaping, screening, building facades, color, signs, and
parking lot design and appearance." Land Use Policy LU-6-C similarly directs the City to
ensure"attractive hubs for activity by maintaining and applying design standards and
guidelines that will enhance the built environment of each community."Economic
Development Policy ED-2-B counsels the city to"encourage development of a wide range of
commercial and industrial uses strategically located near major transportation corridors or
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facilities and in close proximity to existing or proposed utility infrastructure while supporting
local and regional needs."
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)is anticipated to be issued for this project by
November 14th, 2022, under WAC 197-11-158.
7. PROPOSAL: The Applicant, Margarito M. Vasquez Torres, submitted a special permit
application(SP 2022-016)for an event center,for 2302 E Lewis Street,PTN 28-9-30 DAF;N
248.71' OF W 228.71 OF NW4NW4SE4 (Franklin County Tax Parcel 113900048), in Pasco
WA.
8. PROPERTY DESCRIPTION: The proposed event center would be located on the south
portion of the 1.14-acre site on the southeast corner of E Lewis Street and S Cedar St.
9. HISTORY: The site was annexed into the City of Pasco in 1979 (Ordinance 2042) and
assigned I-1 (Industrial) zoning per Resolution 1209. The site was rezoned in 1994
(Ordinance 3033)to R-2 (Medium Density Residential) and again in 2013 (Ordinance 4114)
to C-1 (Retail Business). The area has been gradually converted from farming and vacant
land into residential housing. The area is mixed between commercial uses such as the auto
body shop to the north, and residential to the east and south. The property has an existing
2520 square foot building that was built in 1970.
10. The City of Pasco population has grown to over 80,000, according to the most recent Office
of Financial Management estimate. Population growth has created a demand for event
centers.
11. According to PMC 25.15.060 D definitions, "Dance hall" means an enclosed space where
public dances are held and where alcohol and/or food may be sold.
12. Using this definition "Event Centers" can be classified under the rubric of"dance halls and
night clubs," which according to PMC 25.85.040(6) require review via the Special Permit
process in the C-1 Zoning District.
13. Pasco Municipal Code 25.185.170(1) requires one parking space for four fixed seats based
upon maximum seating capacity or at least one space for every 10 lineal feet of bench
seating, or places with no fixed seating, one space for every 100 square feet of floor area. The
total parking requirement would be 252 spaces, for a 2520 square-foot event center.There are
currently 13 parking stalls. The lot contains sufficient room for more parking spaces.
14. The maximum permissible noise level must not exceed the EDNA outlined in PMC
9.130.040.
15. Public notice of this hearing was sent to property owners within 300 feet of the property and
the Tri-City Herald on October 19, 2022.
16. An open record public hearing after due legal notice was held November 9, 2022, with the
staff and the public appearing in person, and the Hearing Examiner appearing via Zoom
videoconference.
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17. Appearing and testifying for the Applicant was Margarito M. Vasquez Torres. Mr. Vasquez
Torres stated he was the Applicant and property owner. He stated he was in agreement with
the representations set forth in the staff report and with the proposed Conditions of Approval.
Mr. Vasquez Torres also indicated that no alcohol would be served on the premises and that
the event center would be used for a maximum of 50 people.
18. No member of the public testified at the hearing.
19. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
20. 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 intended for Commercial uses.
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-B calls for the City to"enhance the physical appearance of
development within the community through land use regulations, design guidelines,
and performance and maintenance standards including landscaping, screening,
building facades,color, signs, and parking lot design and appearance."Land Use
Policy LU-6-C similarly directs the City to ensure"attractive hubs for activity by
maintaining and applying design standards and guidelines that will enhance the built
environment of each community." Economic Development Policy ED-2-13 counsels
the city to"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."
2. Will the proposed use adversely affect public infrastructure?
2.1 Public streets and utilities are in place to serve the property. Utilities surrounding the
site have been designed and constructed to accommodate commercial uses. The
proposed facility is located near two major arterial streets that are capable of handling
significant traffic.
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 existing/intended character of the general vicinity is commercial,vacant land and
residential to the southwest. Applicant is proposing to use an existing structure for
the event center. Special Permit conditions may include a requirement to maintain the
facility and grounds in a professional manner.
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 Applicant is proposing to use an existing structure for an event center. The
existing/intended character of the general vicinity is commercial and residential
mixed. Location of an event center may discourage the further development of
permitted residential uses in the general vicinity or impair the value thereof.
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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 Operation of the event center will create a greater degree noise, vibrations, traffic,
and flashing lights than the operation existing commercial uses within the district.
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 Event center operation will create similar levels of public health and/or safety risk
and/or nuisance conditions as the operation of any other permitted uses within the
district.
7. As conditioned, this project is consistent with the Pasco Comprehensive Plan and 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 2022-16,subject to the following Conditions of Approval.
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 Applicant shall comply with all regulations set forth in the Pasco Municipal Code.
2. The special permit shall apply to Parcel 113900048.
3. The Applicant shall obtain any required approval for applicable City development review.
4. Parking requirements shall be met as per PMC 25.185.170(1).
5. The grounds of the proposed Event Center shall be screened as per PMC 25.180.040, and
subsequently maintained in a professional manner at all times.
6. Code compliant accessibility and egress shall be maintained at all times.
7. Code compliant fire sprinkler and fire alarm systems shall be provided and maintained in
accordance with NFPA 25 requirements.
8. The building shall be retrofitted with noise buffering materials.
9. The building and grounds of the event center shall be developed to city standards and
maintained in a professional manner.
10. The applicant or assigns shall maintain all necessary Washington State and City of Pasco
licenses.
11. The Event Center shall be administratively reviewed annually for noise,nuisance, and safety
concerns.
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12. The special permit shall be null and void if the above conditions are not met.
Dated this 16th day of December,2022.
CITY OF PASCO HEARING EXAMINER
An rew L.Kottkamp
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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