HomeMy WebLinkAboutSP 2025-002 New York Hair Academy decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
SP 2025-002 ) CONCLUSIONS OF LAW, AND
DECISION AND
New York Hair Academy ) CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on April 9,
2025, the Hearing Examiner having taken evidence hereby submits the following Findings of Fact,
Conclusions of Law, Decision and Conditions of Approval as follows:
I. FINDINGS OF FACT
I. APPLICANT: Cecilia Petrearce; 1804 W. Sylvester St. #A; Pasco, WA 99301
2. REQUEST: Special Permit: Operation of a Beauty School within an existing building.
3. TIMELINE
3.1. 02 February 2025 Application Submitted
3.2. 14 February 2025 Application Deemed Complete
3.3. 03 March 2025 Notice of Public Hearing for SP2025-002 scheduled for April 09, 2025,
was posted on the City of Pasco website, published in the Tri-City Herald Newspaper, and mailed
to properties within 300 feet of proposed rezone.
3.4. 31 March 2025 Public Hearing Staff Report Published
4. PROPERTY DESCRIPTION:
4.1. Abbreviated Legal: LOTS 17 TO 20, BLOCK 26, HELM's 2ND ADDITION
4.2. General Location: 1532 West Sylvester St. (Parcel 112201055), Pasco, WA 99301
4.3_ Property Size: Approximately 0.28 acres (12,196.80 square feet)
5. ACCESS: The property has access from West Sylvester Street to the north and via an alleyway, which
connects to N 15th Avenue and N 14th Avenue, to the south.
6. UTILITIES: Municipal water and sewer services are available in the adjacent alleyway to the south.
The site is currently served with both municipal water and sewer.
7. LAND USE AND ZONING: The property is zoned R-1 (Low Density Residential District) and is
currently developed with a commercial building. Surrounding properties are zoned and developed as
follows:
7.1. North: R-1 Low Density Residential
7.2. East: R-1 Low Density Residential
7.3. South: R-1 Low Density Residential
7.4. West: C-1 Retail Business
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8. COMPREHENSIVE PLAN: The comprehensive plan land use designation for the property is "Low -
Density Residential." Comprehensive plan land use density table [Pasco Municipal Code (PMC)
25.215.015] states that low density residential is to provide a "variety of residential housing at a density
of 3 to 6 dwelling units per acre."
9. REQUEST: Applicant proposes to operate a Beauty School, "New York Hair Academ" within an
y,
existing building (tenant space) that was formally a Chiropractors Office.
10. Site: Approximately 2,600 sq. ft. of the 12,197 sq. ft. site is occupied by the footprint existing
commercial building; a small portion of the site to the rear of the building adjacent the alley (southern
side of parcel) is used for parking and alley access. There is also parking located in front ofthe structure.
Existing off-street parking meets beauty school requirements as provided in the required off-street
parking table located in PMC 25.185.170.
11. History: The site was added to the City of Pasco as a part of the 1889 Helm's Second Addition to Pasco.
Existing site was originally lots 17 through, block 26 of the original Helm's Second Addition and has
since been combined into a single parcel (currently cannot find survey/deed to show combining of
parcels). The site was assigned the R-2 zoning designation in 1938 as a part ofthe City's original Zoning
Ordinance (Ordinance #0435); the site has carried a variety of zoning designations of R-3 (Ordinance
#1485) to C-1 (Ordinance #3118). At some point before 2022, the property's zoning was then changed
to the currently zoning designation of R-1 (Ordinance# currently unavailable at this time).
The existing structure was constructed in 1973 and with approximately 2,200 sq. ft. for the
upper level and approximately 1,800 sq. ft. for the basement level. There were building permits
for a 6ft. chain link fence around the stairwell going into the basement in 2014 and a roof
replacement in 2016. Sometime between 2012 and 2017 according to google street view, concrete
barriers were on the north and south ends ofthe eastern side of the building. The building was built
for use as a chiropractic office, which it was in use as until the building was sold to the current
property owner back in 2023.
12. Land Use Regulations:
12.1. Per PMC 25.200,010 Unclassified uses, due to their nature, are deemed to require special
review to consider, on a case -by -case basis, their impacts on adjacent uses, uses within the vicinity,
and the infrastructure which would serve them. Unclassified uses may be permitted within any
district where not otherwise prohibited.
12.2. Per PMC 25.200.020(1) vocational schools, business colleges and other similar academic
or skills training facilities or institutions not heretofore permitted within any district shall be
considered unclassified uses, and as such, require Special Permit review.
12.3. Per PMC 25.195.020(6) the Hearing Examiner has the authority to make decisions on Land
Use Decisions described in PMC 2.50.080, such as special permits.
13. HEARING EXAMINER FINDINGS OF FACT
13.1. Special Permit Application (SP 2022-002) for a Beauty School, "NY Hair Academy," was
submitted on February 11, 2025
13.2. The Application was determined to be complete on February 14, 2025.
13.3. Notice of the public hearing was mailed to property owners within 300 feet of the subject
property and published in the Tri-City Herald newspaper on March 03, 2025.
13.4. Applicant proposes to operate a "New York Hair Academy" Beauty School within an
existing structure.
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13.5. The site has historically provided chiropractic services since the existing structure was
constructed in 1973.
13.6. Approximately 2,600 sq. ft. of the 12,197 square -foot site is covered by the footprint of an
existing structure.
13.7. The existing structure comprises approximately 2,200 sq. ft. for an upper level and 1,800
sq. ft. for a basement level. Applicant has indicated that the school will be operating in the upper -
level area of the building.
13.8. Both front and rear areas of the property have off-street parking meeting the off-street
requirements for beauty schools as provided in the table located in PMC 25.185.170. Applicant
has indicated that there will be approximately around 5 vehicles per day visiting the site.
13.9. Hours of operation will be Monday thru Friday from 10 AM to 8 PM. Saturday from 10
AM to 5 PM, with the school to be closed on Sundays. There will be approximately 9 students
enrolled per semester, centered around a hybrid class structure between online and in -person
instruction.
13.10. The subject property was added to the City of Pasco as a part of the 1889 Helms's 2nd
Addition to Pasco.
13.11. The site was assigned the R-2 zoning designation in 1938 as a part of the City's original
Zoning Ordinance (Ordinance 0435).
13.12. The site has since been rezoned to R-1 (Ordinance # unavailable at this time).
13.13. Per PMC 25.200.010 Unclassified uses enumerated in PMC 25.200.020, due to their
nature, are deemed to require special review to consider, on a case -by -case basis, their impacts on
adjacent uses, uses within the vicinity, and the infrastructure which would serve them. Unclassified
uses may be permitted within any district where not otherwise prohibited.
13.14. Per PMC 25.200.020(1) vocational schools, business colleges and other similar academic
or skills training facilities or institutions not heretofore permitted within any district shall be
considered unclassified uses.
13.15. Per PMC 25.195.020(6) the Hearing Examiner has the authority to make decisions on Land
Use Decisions described in PMC 2.50.080, such as special permits.
14_ As per Pasco Municipal Code (PMC) 25.200.080, Upon conclusion of the open record hearing, the
Hearing Examiner shall make and enter findings from the record and conclusions thereof as to whether
or not:
14.1. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative
text of the Comprehensive Plan;
14.1.1. Economic Development Element:
14.1.1.1. Proposed use supports the goal of "maintain[ing] economic development as an
important and ongoing city initiative [ED-1,Pg. 20]." Especially with the furtherance of
one of goals' policies to "Promote an environment which supports the development and
expansion of business opportunities [ED-1-A, Pg. 20]." The establishment of a beauty
school to further cosmetology arts, will help in the long -run to increase the amount of
business opportunities brought by increased workforce training.
14.1.2. Land Use Element:
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14.1.2.1. Proposed use supports the goal of "Increase community accessibility though
proper land use planning [LU-4, Pg. 14]." By furthering one of the goals' policies of
"Reduc[ing] the dependency of vehicle travel, and encourage[ing] pedestrian and multi -
modal options... [LU-4-A, Pg. 14]." W. Sylvester St. is serviced by Ben Franklin
Transit's Route 64, along with having sidewalks and bike lanes.
14.2. The proposal will adversely affect public infrastructure;
14.2.1. Proposed use will not increase the need for infrastructure improvements and is unlikely to
adversely impact the existing infrastructure.
14.3. The proposal will be constructed, maintained and operated to be in harmony with the
existing or intended character of the general vicinity;
14.3.1. Proposed use will be contained within an existing building. The properties in the general
vicinity are primarily mixture of commercial and residential. The site has historically been
used as a Chiropractic Office; the proposed use as a Beauty School would not be in conflict
with the existing or intended character of the general vicinity.
14.4. The location and height of proposed structures and the site design will discourage the
development of permitted uses on property in the general vicinity or impair the value thereof,
14.4.1. Proposed use will be contained within an existing building and tenant space. The space has
historically been used as a Chiropractic Office; a conversion to add schooling as a use will
not be a major modification or impact the general vicinity more than the historical uses.
14.5. The operations in connection with the proposal will 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;
14.5.1. The operations of a beauty school will not likely 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.
14.6. The proposal will 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.
14.6.1. The proposal is required to adhere to PMC including provisions such as the outdoor
lighting and noise ordinances. If there were to be violations to these codes then code cases
and remediating steps will be issued and undertaken. Additionally, the use will be subject to
periodic reviews for compliance with conditions imposed under the special permit, PMC, and
code violation history at which point the special permit for the use may be revoked.
15. An open record public hearing was held, after legal notice, on April 9, 2025
16. Appearing and testifying on behalf of the Applicant was Cecilia Petrearce through the help of
interpreter, Yefri Coria. Ms. Petrearce testified that she was the property owner and Applicant. She
stated that she agreed with the representations set forth within the staff report and the proposed
Conditions of Approval.
17. No member of the public testified at the hearing.
18. The following exhibits were admitted into the record:
18.1. Ex. 1 Staff Report;
18.2. Ex. 2 Remainder of Staff File.
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19. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
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
l . The Hearing Examiner has been granted the authority to render this decision.
2. As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal
Code.
3. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this
reference.
M. DECISION
Based on the above Findings of Fact and Conclusions of Law, SP 2025-002 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The special permit shall apply to Parcel # 112201055, and any subsequent subdivision(s) thereof.
2. Applicant shall adhere to all Federal, State and City building, fire, and safety codes.
Dated this day of April, 2025
CITY OF P SCO HEARING EXAMINER
C� S
Andrew L. Kottkamp
Absent a timely appeal, this Decision is final'
' 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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