HomeMy WebLinkAboutHE Determination SP 2022-019 Vargas Dance Hall CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND DECISION
SP 2022-019 )
Vargas Dance Hall )
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:
I. FINDINGS OF FACT
1. PROPERTY DESCRIPTION:
1.1 GRAYS AMENDED LOTS 30 TO 32,BLK 3 (Parcel 112370168).
1.2 General Location: 801 South 4th Avenue.
1.3 Property Size: Approximately 9,583 square feet or 0.22 acres.
1.4 Request: Special Permit: Dance Hall at 801 South 4th Avenue (Parcel 112370168).
2. ACCESS: Access to the site is available from South 4th Avenue and West A Street.
3. UTILITIES: The site is connected to municipal water and sewer off West A Street.
4. LAND USE AND ZONING: The site is zoned I-1 (Light Industrial). The site is developed
with one commercial structure. Surrounding properties zoned as follows:
North: R-2 SFDU's
East: 1-1 SFDU's and vacant land
South: I-1 Industrial
West: C-1 SFDU's
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-2-13 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."
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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 16,2022,under WAC 197-11-158.
7. PROPOSAL: The Applicant, Jaime Vargas, has submitted a special permit application (SP
2022-019)for a dance hall, for 801 S 41h Ave.,GRAYS AMENDED LOTS 30 TO 32,BLK 3
(Franklin County Tax Parcel 112370168), in Pasco WA.
8. PROPERTY DESCRIPTION: The proposed event center would be located in the middle of
the .22-acre site on the southeast corner of South 4`h Avenue and West A Street.
9. HISTORY: The site was added to the City of Pasco in 1888 as part of the Gray's Amended
Addition to Pasco. The site was assigned R-2 zoning in 1938 as part of the City's original
Zoning ordinance (Ordinance 435), and subsequently rezoned from R-2 to M-1
(Manufacturing) in 1956 (Ordinance 896); the M-1 (Manufacturing) zone was reclassified to
I-1 in 1965 (Ordinance 1203); the site has remained I-1 since. The majority of the
surrounding area is residential with one industrial property to the south. The property has an
existing 3,200-square-foot building that was built in 2022. Currently, the vicinity properties
are residential in nature.
10. Will the proposed use be in accordance with the goals, policies, objectives and text of the
Comprehensive Plan?
10.1 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-B 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."
IL. Will the proposed use adversely affect public infrastructure?
11.1 Public streets and utilities are in place to serve the property. Utilities surrounding the
site have been designed and constructed to accommodate residential uses. The
proposed facility is in a primarily residential area with narrow streets and minimal
parking.
12. Will the proposed use be constructed,maintained and operated to be in harmony with existing
or intended character of the general vicinity?
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12.1 The existing/intended character of the general vicinity is residential and industrial to
the south.Applicant is proposing to use an existing structure for the dance hall.
13. 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?
13.1 The Applicant is proposing to use an existing structure for a dance hall. The
existing/intended character of the general vicinity is residential and industrial mixed.
Location of a dance hall may discourage the further development of permitted
residential uses in the general vicinity or impair the value thereof.
14. 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?
14.1 Operation of the dance hall will create a greater degree noise, vibrations, traffic, and
flashing lights than the operation of existing residential and commercial uses within
the district.
15. 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?
15.1 Dance hall operation will create higher levels of public health and/or safety risk
and/or nuisance conditions, given the location and immediate surroundings.
16. 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. According to PMC
25.85.040(6)dance halls require a special permit in a 1-1 zone.
17. The location of a dance hall in a mostly residential area would disrupt the atmosphere of the
neighborhood.
18. 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
lot does not contain sufficient room for more parking spaces. The total parking requirement
would be 32 spaces, for a 3200 square-foot event center.There are currently no parking stalls.
19. As admitted by the Applicant at the hearing,the lot does not contain sufficient room for the
required parking spaces.
20. A neighborhood petition has been received opposing the project.
21. Public notice of this hearing was sent to property owners within 300 feet of the property and
the Tri-City Herald on November 14,2022.
22. An open record public hearing after due legal notice was held December 14, 2022, with the
staff and the public appearing in person, and the Hearing Examiner appearing via Zoom
videoconference.
23. Appearing and testifying for the Applicant was Jaime Vargas. Mr. Vargas stated he was the
Applicant and property owner. He stated he was in agreement with the representations set
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forth in the staff report and with the proposed Conditions of Approval. Mr. Vargas testified
that he would possibly buy another lot for parking. However, this purchase has not yet taken
place. Mr. Vargas first testified that the noise from the facility would be less than a train that
goes by the vicinity. However, when the Hearing Examiner suggested that trains are of
limited noise duration and a dance hall may produce an extended time of noise, Mr. Vargas
then testified that there would be no outside noise that would be generated from the facility.
24. No members of the public testified at the hearing.
25. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
26. The Hearing Examiner finds that the facility will generate outside noise that will be
disruptive to the area residences.
27. Mr. Vargas requested that the record remain open to be allowed to submit letters in favor of
the project. The Hearing Examiner kept the record open until 5:00 p.m. on Monday,
December 19, 2022 for this purpose. At this time,the record is closed.
28. On December 19, 2022, the Applicant submitted a letter to the Hearing Examiner along with
a petition in favor of the project signed by five neighbors. These documents were admitted
into the record.
29. The Hearing Examiner finds that the noise, combined with the lack of sufficient parking,
renders this project to be out of harmony with the existing residential character of the general
vicinity.
30. 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. This project is not consistent with the Pasco Comprehensive Plan and Pasco Municipal Code.
2. 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 DENIES
Application SP 2022-19.
Dated this 21 st day of December, 2022.
CITY PASCO HEARING EXAMINER
A 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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