HomeMy WebLinkAboutHE Recommendation Z 2023-001 Mendoza C-1 to C-2 CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
Z 2023-001 )
Mendoza Rezone )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on June
14, 2023, the Hearing Examiner having taken evidence hereby submits the following Recommended
Findings of Fact,Recommended Conclusions of Law, and Recommended Decision as follows:
I. RECOMMENDED FINDINGS OF FACT
1. PROPERTY/APPLICATION DESCRIPTION:
1.1 Leal: Lots 13-16,Block 14,Gerry's Addition to Pasco (528 West Clark Street;
Parcel 112042085).
1.2 General Location: Said property is located at the southeast corner of North 5th
Avenue and West Clark Street,Pasco, Franklin County,WA.
1.3 Prope . Size: Approximately .32 acres (13,999.50 square feet).
1.4 Request: Mendoza Rezone from C-1 (Retail Business District)to C-2 (Central
Business District).
2. ACCESS: The parcel has access from North 5th Avenue and West Clark Street,
3. UTILITIES: Municipal water and sewer are available in the alley to the south of the
property.
4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business District)and is
developed with a former drive-through bank structure. Surrounding properties are zoned and
developed as follows:
NORTH: C-1 Vacant
EAST: C-2 Retail Businesses
SOUTH: C-2 Vacant
WEST: C-1 Retail Businesses
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as "Downtown
Overlay District."The Downtown Overlay District designation allows for 0, BP, C-1, C-2,
C-3, and CR zoning;neighborhood,community and regional shopping and specialty centers,
business parks, service and office uses may all be considered for this designation.As well,
properties located within the newly created "Downtown Pasco Overlay District" (Ordinance
4658) are subject to the overlay district regulations. Per Ordinance 4658,the overlay
standards are to be applied in addition to and in combination with all other district and
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development regulations contained in Title 25 Zoning.The requirements of the overlay
district take precedence over the requirements of the underlying zoning regulations.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the State Environmental Policy Act("SEPA")checklist, Comprehensive
Plan,applicable regulations, and other information,a threshold determination resulting in a
Determination of Non-Significance (DNS)was issued for this project in May 10,2023, under
WAC 197-11-158.
7. REQUEST: Maria Mendoza has submitted a rezone application(Z 2023-001)from C-1
(Retail Business District)to C-2(Central Business District),for Lots 13-16,Block 14,
Gerry's Addition to Pasco (528 West Clark Street;Parcel 112042085),located at the
southeast corner of North 5th Avenue and West Clark Street,Pasco, Franklin County,WA.
8. SITE: The site comprises approximately .32 acres (13,999.50 square feet) and is developed
with a former drive-through bank structure.
9. HISTORY: The site was added to the Town of Pasco in 1907 as part of Gerry's Addition to
Pasco. The site was rezoned from C-2 to C-1 in 1996 (Ordinance 3197)with a concomitant
agreement, which included the following prohibited uses:
9.1 Membership Clubs
9.2 Taverns
9.3 Billiard &Pool Halls
9.4 Amusement and Game Centers
9.5 Card Rooms,Bingo Parlors, Dance Halls
9.6 Sign Shops
9.7 Veterinarian Clinics
10. These prohibitions reflected many of the prohibitions for the C-2 zoning district at the time.
In 2021 Pasco City Council approved Ordinance 4556, allowing all the above formerly
prohibited uses except Sign Shops and Veterinarian Clinics in the C-2 zoning district. Most of
these uses are not explicitly allowed in the C-1 zoning district. Applicant wishes to use the
north side of the site for a Sports Bar. On April 17, 2023, City Council approved Ordinance
4658, amending Pasco Municipal Code Chapter 25.95 and creating the "Downtown Pasco
Overlay District." Per Ordinance 4658,the overlay standards are to be applied in addition to
and in combination with all other district and development regulations contained in Title 25
Zoning. The requirements of the overlay district take precedence over the requirements of the
underlying zoning regulations.
11. REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25.88.030. The criteria are listed below as follows:
11.1 The date the existing zone became effective:
11.1.1 The site was rezoned to C-1 (Retail Business District) zoning in in 1996
(Ordinance 3197)with a concomitant agreement.
11.2 The changed conditions,which are alleged to warrant other or additional zoning:
11.2.1 The site was rezoned from C-2 to C-1 in 1996 (Ordinance 3197) with a
concomitant agreement, which prohibited Membership Clubs, Taverns,
Billiard & Pool Halls, Amusement and Game Centers, Card Rooms, Bingo
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Parlors, Dance Halls, Sign Shops, and Veterinarian Clinics, reflecting
prohibitions for the former C-2 zoning district. City Council subsequently
approved Ordinance 4556 in 2021, allowing all these uses except Sign Shops,
and Veterinarian Clinics in the C-2 zoning district. Applicant wishes to use
the north side of the site for a Sports Bar, which the concomitant agreement
currently prohibits.
11.2.2 The site is located within the newly created "Downtown Pasco Overlay
District" (Ordinance 4658) and is subject to the overlay district regulations.
Per Ordinance 4658, the overlay standards are to be applied in addition to
and in combination with all other district and development regulations
contained in Title 25 Zoning. The requirements of the overlay district take
precedence over the requirements of the underlying district regulations.
11.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
11.3.1 The rezone application is consistent with the Pasco Comprehensive Plan,
which has been determined to be in the best interest of advancing public
health, safety, and general welfare of the community. The rezone would
allow for Membership Clubs, Taverns, Billiard & Pool Halls, Amusement
and Game Centers, Card Rooms, Bingo Parlors, and Dance Halls, none of
which are famous for advancing the public health, safety and general welfare.
11.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
11.4.1 A change in zoning classification may ultimately result in the development of
a Sports Bar, which would be considered appropriate for this land use
designation, in alignment with the Land Use Element of the Comprehensive
Plan. The rezone application is consistent with and meets the intent of the
goals and policies of the Comprehensive Plan.
11.5 The effect on the property owner or owners if the request is not granted:
11.5.1 If the site remains with the current zoning designations the site may remain
underutilized.
11.6 The Comprehensive Plan land use designation for the property
11.6.1 The Land Use Element of the Comprehensive Plan designates the lot
"Downtown Pasco Overlay District;" the Downtown Pasco Overlay District
designation allows for C-2 zoning and may be developed with Membership
Clubs, Taverns, Billiard &Pool Halls, Amusement and Game Centers, Card
Rooms, Bingo Parlors, and Dance Halls,all of which are allowed in this area.
Per Ordinance 4658, the overlay standards are to be applied in addition to
and in combination with all other district and development regulations
contained in Title 25 Zoning. The requirements of the overlay district take
precedence over the requirements of the underlying zoning district
regulations.
11.7 Such other information as the Hearing Examiner requires.
11.7.1 The rezone application is consistent with and meets the intent of the
Comprehensive Plan, and City Council Goals. The opportunity for retail
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commercial uses in this area supports the Land Use Element of the
Comprehensive Plan.
12. Applicant wishes to use the north side of the site for a Sports Bar.
13. The initial review criteria for considering a rezone application are explained in PMC.
25.88.030.
14. The rezone application is consistent with the Pasco Comprehensive Plan.
15. The rezone would allow for Membership Clubs, Taverns, Billiard & Pool Halls, Amusement
and Game Centers, Card Rooms,Bingo Parlors, and Dance Halls.
16. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on May 22,2023.
17. An open record public hearing after due legal notice was held June 14, 2023,with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
18. Appearing and testifying at the hearing was Maria Mendoza. Ms. Mendoza testified that she
was an agent authorized to appear on behalf of the Applicant/property owner. She agreed
with all representations in the staff report.
19. No member of the public appeared at the hearing.
20. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
21. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II. RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact
from which to draw those conclusions based upon the criteria listed in PMC 25.210.060. The criteria
are as follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 The Land Use Element of the Comprehensive Plan designates the lot "Downtown
Pasco Overlay District." The Downtown Pasco Overlay District designation allows
for C-2 zoning and may be developed with Membership Clubs, Taverns, Billiard &
Pool Halls, Amusement and Game Centers, Card Rooms, Bingo Parlors, and Dance
Halls.
2. The effect of the proposal on the immediate vicinity will not be materially_ detrimental.
2.1 The "Downtown Pasco Overlay District"designation allows for C-2 zoning and may
be developed with Membership Clubs, Taverns, Billiard & Pool Halls, Amusement
and Game Centers, Card Rooms, Bingo Parlors, and Dance Halls. The application for
rezone is consistent with the Comprehensive Plan Land Use Element and meets the
intent of the Goals and Policies for the property. The proposal will not be materially
detrimental to the immediate vicinity. The development would be cohesive with the
multi-units developed to the south of the property.
3. There is merit and value in the proposal for the community as a whole.
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3.1 The proposed zoning designation is consistent with the Comprehensive Plan Land
Use Map and the Goals and Policies as adopted by the Pasco City Council.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.1 The rezone application and anticipated project are subject to the regulations and
requirements of the Pasco Municipal Code and the City of Pasco Design and
Construction Standards.
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if
so,the terms and conditions of such an agreement.
5.1 If or when applicants pursue the development of this property, they will be required
to conform to design standards established by the PMC. No Concomitant Agreement
is considered necessary for this application.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL, that Lots 13-16, Block 14, Gerry's Addition to Pasco (528 West
Clark Street, Parcel 112042085), be rezoned from C-1 (Retail Business District) to C-2 (Central
Business District).
Dated this �3 day of June, 2023.
CITY OF SCO HEARING EXAMINER
Dr
An w L. Kottkamp
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