Loading...
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 SP 2022-16 Vasquez Event Center Pagel of 5 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. SP 2022-16 Vasquez Event Center Page 2 of 5 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. SP 2022-16 Vasquez Event Center Page 3 of 5 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. SP 2022-16 Vasquez Event Center Page 4 of 5 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). SP 2022-16 Vasquez Event Center Page 5 of 5