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HomeMy WebLinkAboutSP 2025-007 Field 68 decisionCITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, SP 2025-007 ) DECISION AND Field 68 — Restaurant & Event Center ) CONDITIONS OF APPROVAL THIS MATTER having come on for hearing in fi•ont of the City of Pasco Hearing Examiner on June 11, 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 1. APPLICANT: Knutzen Engineering; C/o Paul Knutzen; 5401 Ridgeline Drive Suite 160 Kennewick, WA 99338; 2. REQUEST: SPECIAL PERMIT: Construction of a dancehall and restaurant/nightclub. 3. TEVIELINE March 14, 2025 SEPA (State Environmental Policy Act) Environmental Checklist, SEPA2025-011, Submitted May 1, 2025 Special Permit Application, SP2025-007, Submitted May 15, 2025 Applications Deemed Complete May 19, 2025 SEPA Mitigated Determination of Non -Significance (MDNS) Issued May 26, 2025 Notice for Public Hearing for SP2025-007 Published in Tri-CityHerald May 27, 2025 Notice of Public Hearing for SP2025-007 Mailed to Properties Within 300 Feet of the Proposal May 29, 2025 Public Hearing Staff Report Published 4. PROPERTY DESCRIPTION: 4.1. Legal: SHORT PLAT 2024-08 LOT 3 �1 roll 7 4.2. Parcel: 117370018 4.3. General Location: Located northeast of Road 68 and Interstate 182, south of Burden Boulevard. 4.4. Prope Size: 1.85 acres. ACCESS: The property has access on Burden Boulevard and Homerun Road. UTILITIES: Municipal water and sewer are available in Burden Boulevard and Homerun Road. LAND USE AND ZONING: The site is zoned C-1 (Retail Business). The site is currently developed as a gravel parking lot. Surrounding properties are zoned and developed as follows: 7.1. North: C-1 Retail Business/Business Park/Office/Dental 7.2. East: C-1/R-T Retail Business/Residential Transition/Food Truck Hub/Soccer Complex 7.3. South: R-T Residential Transition/Parking lot/Gesa Stadium SP 2025-007 Field 68 — Restaurant & Event Center Page 1 of 6 7.4. West: C-1 Retail Business/Event Center/Hotel 8. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Commercial. The Commercial land use allows for Office, Business Park, Retail Business, Central Business, General Business, and Regional Commercial which may be developed with neighborhood, community and regional shopping and specialty centers, business parks, service and office uses. Please note that the proposed dancehall and nightclub is classified as a conditional use permit within the C-1 zoning district. 9. ENVIRONMENTAL DETERMINATION: The City is the SEPA lead agency for this project. Based on SEPA Environmental checklist SEPA2025-011, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a MDNS was issued on May 19, 2025, for this project under WAC 197-11-355. 10. BACKGROUND 10.1. Request: The applicant proposes to construct two buildings: a 4,122-square-foot restaurant/nightclub ("Building B") and an adjacent 4,122-square-foot dancehall ("Building A"). Planned outdoor amenities include fire pits, volleyball courts, cornhole areas, and other recreational features. Site improvements will consist of parking facilities, landscaping, lighting, and supporting infrastructure. 10.2. History: The subject property was annexed into the City in 1981 through Ordinance No. 2388 and was initially assigned the R-T zoning designation by Resolution No. 1396. It has since been rezoned to C-l; however, no documentation related to that rezone has been located. The site has been used as a gravel parking lot since at least July 1996. Prior to that, aerial imagery indicates the property was used for agricultural purposes —such as crop cultivation —as early as December 1985. 11. The applicant proposes to construct a dancehall and restaurant/nightclub. 12. Pursuant to Pasco Municipal Code (PMC) 25.85.040 (6) dance halls and night clubs may be permitted by special permit. 13. Per PMC 5.35.040 Dance Hall means any privately owned place in which a public dance is conducted, operated, or maintained or made available on a periodic or reoccurring basis and includes the premises in which the public dance is conducted, operated, or maintained, including but not limited to all public parking areas, hallways, bathrooms, and other adjoining areas on the premises accessible to the public during the dance. 14. Per PMC 25.15.060 Dance Hall means an enclosed space where public dances are held and where alcohol and/or food may be sold. 15. Per PMC 25.15.160 Nightclub means an establishment that provides entertainment and has as its primary source of revenue (a) the sale of alcohol for consumption on the premises and (b) cover charges. It does not mean premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of said beverages comprises less than 25 percent of the gross receipts. 16. According to the applicant, 'Building B' will operate as a restaurant during the day and transition to a nightclub use during evening hours. 17. Due to the absence of current information identifying the primary source of revenue, the City of Pasco (City) is applying a broad interpretation of the use, treating the nightclub component as subject to the special permit request. SP 2025-007 Field 68 — Restaurant & Event Center Page 2 of 6 18. Off-street parking is required and has been calculated based on a ratio of one space per 100 square feet of usable floor area for both restaurant uses and dance halls without fixed seating. 19. Based on the proposed uses and applicable parking requirements, a total of 109 off-street parking stalls are required. 20. The applicant proposes to provide 50 off-street parking stalls as part of the site development. 21. Pursuant to PMC 25.185.070, owners of two or more uses, structures, or parcels of land located within 300 feet of each other may share parking facilities. When shared parking involves separate tax parcels under separate ownership, a notarized and recorded parking agreement is required. 22. The City owns the adjacent parcel to the south, which contains over 800 off-street parking stalls. 23. The site is within PMC 25.130 I-182 corridor overlay district. 24. Based on the trip generation letter submitted with this proposal, it is recommended that the applicant pay a Traffic Impact Fee (TIF) in accordance with the PMC. For this project, the fee is calculated at $28,208, based on 656 new daily vehicle trips at a rate of $43.00 per trip. 25. PMC 9.130.040 provides maximum permissible environmental noise levels. 26. DISCUSSION OF SPECIAL USE CRITERIA 26.1. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; 26.1.1. Land Use Policy LU-2-13: Facilitate planned growth within the City limits and Urban Growth Area, and promote infill developments in the City limits through periodic review of growth patterns and market demand within each of the City's land use designations. The proposal would develop a currently vacant site that has historically been used as overflow parking for nearby sporting events. The City acknowledges that the proposed restaurant/nightclub and dance hall reflects current market demand for such uses. 26.2. The proposal will adversely affect public infrastructure; 26.2.1. Access to the site is largely established and includes existing curb, gutter, sidewalk, and street lighting. A portion of sidewalk along Homerun Road will be constructed as part of this proposal. Utilities are available at the site and will be extended as necessary to serve both proposed uses. The proposed development is not anticipated to adversely impact existing street or utility infrastructure in the area and will enhance or promote existing recreational infrastructure. 26.3. The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; 26.3.1. Surrounding properties are primarily developed with a mix of retail businesses, an event center, and sporting complexes. The proposed uses are consistent with the activity levels and character of the area and are not expected to create impacts beyond those already present. Additionally, the project is required to comply with the C-1 zoning development standards and I-182 Overlay Building standards, as outlined in the PMC. 26.4. 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; 26.4.1. The proposed buildings will be located adjacent to an existing event center and will have a maximum height of 33 feet 6 inches, which is lower than the height of the adjacent event SP 2025-007 Field 68 — Restaurant & Event Center Page 3 of 6 center. Given their location and scale, the proposed structures are not expected to hinder or discourage future development in the surrounding area. 26.5. 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; 26.5.1. The proposed operations are anticipated to produce a greater degree of noise, vibrations, traffic, and flashing lights than typical commercial permitted uses within the district, excluding the adjacent event center. Notably, the adjacent event center —a comparable high - activity use —has not generated any recorded noise complaints in approximately 14 years. This suggests that, with appropriate conditions of approval in place, the proposed uses are unlikely to result in significant disturbance to the surrounding area. 26.6. 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. 26.6.1. The proposed operations may present an increased potential for public health, safety, or nuisance concerns due to the nature of the use and its proximity to surrounding properties. 27. An open record public hearing was held, after legal notice, on June 11, 2025 28. Appearing and testifying on behalf of the Applicant was Paul Knutson. Mr. Knutson testified that he was an agent authorized to appear and speak on behalf of the property owner and Applicant. He stated that they agreed with the representations set forth within the staff report and the proposed Conditions of Approval. He also indicated that the property next door is to be used as a food truck park. They don't have a recorded parking agreement with the adjacent property owner at this time but they expect to have one soon. 29. No member of the public testified at the hearing. 30. The following exhibits were admitted into the record: 30.1. Ex A Staff Report 30.2. Ex B Remainder of Planning Staff File 31. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 32. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. U. CONCLUSIONS OF LAW 1. 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. III. DECISION SP 2025-007 Field 68 — Restaurant & Event Center Page 4 of 6 Based on the above Findings of Fact and Conclusions of Law, SP 2025-007 is hereby APPROVED subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL 1. The Special Permit shall apply to Franklin County Parcel Number 117370018, including any subsequent legal subdivisions thereof. 2. The project shall be constructed and operated in substantial conformance with the site plans and supporting materials submitted with the Special Permit application, as included in the June 2025 Hearing Examiner packet. 3. In addition to Condition 2, the proposed egress gates equipped with panic bars and signage (as shown in Keynote 35 on Sheet SPO1) shall include direct connections to the City sidewalks along the north and west boundaries of the site. These connections shall be constructed with hard surfaces and meet all applicable ADA accessibility standards. 4. A shared parking agreement, consistent with PMC 25.185.070, shall be submitted to CED staff for review and approval and recorded prior to commencement of operations. 5. Final review and approval of the parking lot landscaping shall be conducted by the City during building permit review to ensure compliance with PMC Chapter 25.180 and applicable design standards. 6. The proposed 6-foot CMU fence shall comply with sight distance and clear view triangle requirements as outlined in Sheet 8-2 of the Pasco Design and Construction Standards. Compliance shall be demonstrated in the building permit submittal. 7. In accordance with PMC 5.35.070, the applicant shall obtain a Special Event Permit for any event open to the public that meets the criteria of said code. Private events not open to the public shall be exempt from this requirement; however, appropriate security measures must be in place at all times to ensure the safety of patrons. 8. A comprehensive security plan shall be submitted to the City for review and approval prior to commencement of operations. The plan shall ensure the presence of adequate on -site security personnel during all operational hours. The approved plan shall be implemented and maintained for the duration of the use. 9. The applicant shall obtain all required building and fire permits and shall comply with the applicable provisions of the International Building Code (IBC) and International Fire Code (IFC) for assembly occupancies. 10. The applicant, and any successors or assigns, shall obtain and maintain all licenses and permits required by the State of Washington and the City for the operation of the facility. 11. The facility shall be operated in a professional manner, including but not limited to regular maintenance, timely repairs, adequate staffing, and the upkeep of security and safety infrastructure. 12. The Special Permit shall be considered null and void if any of the above conditions are not met or maintained, unless otherwise amended by the City or Hearing Examiner. SP 2025-007 Field 68 — Restaurant & Event Center Page 5 of 6 Dated this day of June, 2025 CITY OF ASCO HEARING EXAMINER J 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). SP 2025-007 Field 68 — Restaurant & Event Center Page 6 of 6