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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." SP 2022-19 Vargas Dance Hall Page 1 of 4 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? SP 2022-19 Vargas Dance Hall Page 2 of 4 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 SP 2022-19 Vargas Dance Hall Page 3 of 4 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). SP 2022-19 Vargas Dance Hall Page 4 of 4