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HomeMy WebLinkAboutHE Determination SP 2024-011 New York Hair AcademyCITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, SP 2024-011 ) 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 August 14, 2024, 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 proposes to operate a Beauty School, "New York Hair Academy," within an existing building (tenant space) that has historically provided retail clothing and variety sales, tax services, professional health services, retail arts and crafts sales, and barber/beauty services. 2. Timeline 2.1. 19 July 2024 Application Submitted 2.2. 19 July 2024 Application Deemed Complete 2.3. 22 July 2024 Application Noticed for Public Hearing 2.4. 7 August 2024 Public Hearing Staff Report Published 3. Abbreviated Legal: Lot 7, Block 14, Gerry's Addition to Pasco 4. General Location: 514 West Clark Street (Parcel 112042058), Pasco, WA 99301 5. Property Size: Approximately 0.08 acres (3,499.86 square feet) ACCESS: The property has access from West Clark Street to the north and via an alleyway, which connects to N 4th Avenue and N 5th Avenue, to the south. 7. 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. 8. LAND USE AND ZONING: The property is zoned C-2 (Central Business District) and is currently developed with a commercial building. Surrounding properties are zoned and developed as follows: 8.1. North: C-1 Retail Business/Commercial Development; Parking Lot 8.2. East: C-2 Central Business District/Commercial Development 8.3. South: C-2 Central Business District/Commercial Development 8.4. West: C-2 Central Business District/Commercial Development 9. COMPREHENSIVE PLAN: On April 17, 2023, City Council approved Ordinance 4658 amending the Comprehensive Plan Land Use Map and corresponding Pasco Municipal Code (PMC) 25.95, "Downtown Overlay District." The Downtown Overlay District designation allows for O, BP, C-1, C- 2, C-3, and CR zoning; neighborhood, community and regional shopping and specialty centers, SP 2024-011 New York Hair Academy Page 1 of 5 business parks, service and office uses may all be considered under this designation. 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. 10. The majority of the 3,500 square -foot site is occupied by a 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. The on -site building is a single -story structure. The site is located within the Downtown Pasco Overlay District (PMC 25.95) and therefor does not require the provision of on -site parking. 11. The site was added to the City of Pasco as a part of the 1907 Gerry's Addition to Pasco. The site was assigned the C-1 zoning designation in 1938 as a part of the City's original Zoning Ordinance (Ordinance 0435); the site has since been rezoned to C-2 (Ordinance # currently unavailable). 12. The existing structure was constructed in 1952 and comprises approximately 2,890 square feet. The building was damaged by fire in 2022, underwent fire restoration/repairs, and in April of 2023 was approved for occupancy and is now being used as a barber shop. 13. 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. 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, and as such, require Special Permit review. 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. 16. Special Permit Application (SP 2024-011) for a Beauty School, "NY Hair Academy," was submitted on July 19, 2024 17. The Application was determined to be complete on July 31, 2024. 18. 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 July 28, 2024. 19. Applicant proposes to operate a "New York Hair Academy" Beauty School within an existing building. 20. The site has historically provided retail clothing and variety sales, tax services, professional health services, retail arts and crafts sales, and barberibeauty services. 21. The majority of the 3,500 square -foot site is covered by a commercial building. 22. The existing structure comprises approximately 2,890 square feet. 23. A small portion of the site to the rear of the building adjacent the alley is used for parking and alley access. 24. The on -site building is a single -story structure. 25. The site is located within the Downtown Pasco Overlay District (PMC 25.95). 26. The Downtown Overlay District does not require the provision of on -site parking. 27. The subject property was added to the City of Pasco as a part of the 1907 Gerry's Addition to Pasco. SP 2024-011 New York Hair Academy Page 2 of 5 28. The site was assigned the C-1 zoning designation in 1938 as a part of the City's original Zoning Ordinance (Ordinance 0435). 29. The site has since been rezoned to C-2 (Ordinance # unavailable at this time). 30. The existing structure was constructed in 1952. 31. 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. 32. 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. 33. 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. 34. The proposal is in accordance with the goals and policies of the Comprehensive Plan. 34.1. The Land Use Element of the Comprehensive Plan designates the lot "Low -Density Residential District." The proposed R-1 zoning district would be in alignment with the Land Use map within the City's Comprehensive Plan. Future potential development could additionally foster or help to implement the following policies from the Comprehensive Plan: 34.2. LU-2-A Policy: Maintain sufficient land designated to accommodate residential, commercial, industrial, educational, public facility, and open -space uses proximate to appropriate transportation and utility infrastructure. 34.3. LU-2-B Policy: Facilitate planned growth within the City limits and UGA 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. 34.4. LU-4-B Policy: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. 34.5. LU-4-D Policy: Designate areas for higher density residential developments where utilities and transportation facilities enable efficient use of capital resources. 34.6. LU-5-A Policy: Allow a variety of residential densities throughout the UGA. 34.7. LU-5-B Policy: Encourage higher residential densities within and adjacent to major travel corridors, Downtown (Central Business District), and Broadmoor. 34.8. 6-A Policy: Encourage commercial and higher -density residential uses along major corridors and leverage infrastructure availability. 34.9. H-1-A Policy: Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments etc. 34.10. H-1-B Policy: Higher intensity housing should be located near arterials and neighborhood or community shopping facilities and employment areas. 35. The effect of the proposal on the immediate vicinity will not be materially detrimental. 35.1. The Comprehensive Plan designates the property "Low -Density Residential." As such, the site may be zoned RS-20, RS-12, RS-I, R-1, or R-1-A. The site is adjacent existing single- SP 2024-011 New York Hair Academy Page 3 of 5 family development and vacant land. A change in zoning would be consistent with the comprehensive plan. According to PMC 25.215.015, the Low -Density Residential designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones. 35.2. Further, the effect of the proposal on immediate vicinity will likely not be materially detrimental because Low -Density development has been established by City Council as an appropriate and beneficial use of the site, as set forth in the City's approved Comprehensive Plan. The rezone application is consistent with and meets the intent of the goals and policies of the Comprehensive Plan. 36. There is merit and value in the proposal for the community as a whole. 36.1. There is merit in increasing housing opportunities available in those areas currently served by municipal utilities. The City revised its Urban Growth Area (UGA) as part of the Comprehensive Plan Update. The UGA updated UGA is smaller than current projections for low -density residential growth as developed in the past would allow; as such, more residential lots are needed within the current UGA. 36.2. 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. In addition to fulfilling the goals and policies of the Comprehensive Plan, the proposal includes infill development. 37. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 37.1. The rezone application, proposed 14-Lot Preliminary Plat, and 20-foot Right -of -Way Vacation projects are all subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions should be imposed; any future development will be evaluated for significant adverse impacts at the time of a development application, which will also be subject to review under the State Environmental Policy Act (SEPA). 38. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. 38.1. 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. 39. An open record public hearing was held, after legal notice, on August 14, 2024. 40. Appearing and testifying on behalf of the Applicant was Cecelia Petreasce with the help of a translator. Ms. Petreace testified that she was the agent authorized to appear and speak on behalf of the property owner. He stated that he agreed with the representations set forth within the staff report and had no objection to any of the proposed Conditions of Approval. 41. No member of the public testified at the hearing. 42. The entire Planning Staff File was admitted into the record. 43. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 44. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. SP 2024-011 New York Hair Academy Page 4 of 5 II. CONCLUSIONS OF LAW The Hearing Examiner has been granted the authority to render this decision. As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal Code. 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, SP2024-011 is hereby APPROVED subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL The special permit shall apply to Parcel # 112042058, 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 August, 2024 CITY OF PASCO HEARING EXAMINER 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 2024-011 New York Hair Academy Page 5 of 5