HomeMy WebLinkAboutHE Determinations SP 2024-010 Gonzalez Barber SchoolCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
SP 2024-010 ) DECISION AND
Gonzalez Barber School ) 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 Barber School within an existing building (tenant space) that has
historically provided barber services. Timeline
1.1. 24 July 2024 Application Submitted
1.2. 25 July 2024 Application Deemed Complete
1.3. 28 July 2024 Application Noticed for Public Hearing
1.4. 7 August 2024 Public Hearing Staff Report Published
2. Abbreviated Legal: N 40' OF E2 LOT 30 & N 40' LOTS 31 & 32, BLOCK 11, GERRY'S ADD
3. General Location: 208 N 4th Avenue Suite 210 (Parcel # 112-053-377), Pasco, WA 99301
4. Property Size: 0.06 acres.
5. ACCESS: The property has access from N 4th Avenue to the east and access via an alleyway to the
north which connects N 4th Avenue and N 5th Avenue.
6. UTILITIES: Municipal water is available in N 4th Avenue and the adjacent alleyway to the north;
municipal sewer is available in the alleyway to the north. The site is currently served with both
municipal water and sewer.
7. LAND USE AND ZONING: The property is zoned C-1 (Retail Business) and is currently developed.
Surrounding properties are zoned and developed as follows:
7.1. North: C-1 Retail Business/Commercial Development
7.2. East: C-2 Central Business District/Commercial Development
7.3. South: C-1 Retail Business/Parking Lot
7.4. West: C-1 Retail Business/Commercial Development
8. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as "Medium Density
Residential". The Medium Density Residential designation allows for R-2, R-3, R-4, and RP zoning
districts and may be developed with a variety of housing at a density of six (6) to twenty (20) dwelling
units per acre. It should be noted that while the underlying land use is a residential type the proposed
use of "school" is considered an "Unclassified Use" under Pasco Municipal Code (PMC) 25.200.020.
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Unclassified uses may be permitted via Special Permit in many zones, including all residential zones
and the C-1 zone.
9. The majority of the site is covered by an existing building, a small portion of the site to the rear of the
building (western side of parcel) is somewhat developed and appears to be an area for mechanical
equipment and storage. The on -site building has two stories with the main floor providing three
commercial tenant spaces (suites 208, 210, and 212) and the second floor containing three residential
units (Unit A, B, and C). While there is no on -site parking available, the site is located within the
Downtown Pasco Overlay District (PMC 25.95) and therefor does not require parking to be provided.
10. In 1907 the site was added to the City of Pasco as a part of the Gerry's Addition plat, at the time the
site was platted into multiple different lots and over time has been modified and adjusted to shape the
lot as it sits today. The site was assigned the C-1 zoning designation in 1938 as a part of the City's
original Zoning Ordinance (Ordinance 0435).
11. The mixed -use building existing on -site today was constructed in 1958 and is approximately 4,160 sq.
ft. in size. The building has been the subject of a multitude of Code Enforcement cases, however, the
subject suite and applicant are not a party to any of the cases tied to the property.
12. An initial application was submitted missing the notary signature and which was subsequently
submitted on July 24, 2024. The application was deemed complete on July 25, 2024.
13. Notice of the public hearing was sent to property owners within 300 feet of the subject property and
published in the Tri-City Herald newspaper on July 28, 2024.
14. The proposed site is 210 N 4th Avenue Suite 208 (Parcel 112-053-377) in Pasco, WA.
15. The site is zoned C-1 Retail Business.
16. The site is currently developed with an existing building that was constructed in 1958; the building
contains three commercial tenant spaces and three residential units.
17. The Applicant proposes to operate a Barber School within a tenant space that has historically been used
as a barber shop.
18. Barber Schools falls under the classification of an "Unclassified Use" which may be permitted within
the C-1 zoning district through a Special Permit.
19. As per 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:
19.1. (1) The proposal is in accordance with the goals, policies, objectives, maps and/or
narrative text of the Comprehensive Plan;
19.1.1. Per The Comprehensive Plan designates this site as "Medium Density Residential." The
Medium Density Residential land use designation allows for the R-2, R-3, R-4, and RP zoning
districts and may be developed with a variety of housing at a density of 6 to 20 dwelling units
per acre. It should be noted that while the sites underlying Future Land Use designation is
Medium Density Residential the proposed use is classified as a "Unclassified Use" meaning
it is allowed in both Residential and Commercial zoning districts via Special Permit.
19.1.1.1. Land Use Policy LU-6-A: Encourage commercial and higher -density residential
uses along major corridors and leverage infrastructure availability. The proposed
commercial use is located within a mixed residential structure adjacent to N 4th Avenue,
an arterial road.
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19.1.1.2. Economic Development Policy ED-3-1): Require businesses and buildings in and
adjacent to the Central Business District to conform to established development
standards. The proposed use is required to adhere to the standards PMC 25.95
Downtown Pasco Overlay District and would conform to established development
standards.
19.2. The proposal will adversely affect public infrastructure;
19.2.1. Accesses to the site are established and include items such as curb, gutter, sidewalk, and
street lighting. Utilities are available to the site and have been designed and constructed to
accommodate current uses. The proposed use will not increase the need for infrastructure
improvements and is unlikely to adversely impact the existing infrastructure.
19.3. The proposal will be constructed, maintained and operated to be in harmony with the
existing or intended character of the general vicinity;
19.3.1. The properties in the general vicinity are primarily commercial with some residential to the
northwest. The site has historically housed a variety of businesses and residential units, the
proposed use as a barber school would not be in conflict with the existing or intended
character.
19.4. 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,
19.4.1. The proposed use will be contained within an existing building and tenant space. The space
has historically been used as a barber shop, a conversion to add schooling as a use will not be
a major modification or impact the general vicinity more than the historical uses.
19.5. 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;
19.5.1. The C-1 zoning districts permits a variety of uses in PMC 25.85.020, the proposed use of
a barber school is likely less intense than many of the uses allowed and currently existing in
the general vicinity.
19.6. 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.
19.6.1. 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 pen -nit for the use may be revoked.
20. An open record public hearing was held, after legal notice, on August 14, 2024.
21. Appearing and testifying on behalf of the Applicant was Linda Gonzalez. Ms. Gonzalez testified that
she was the agent authorized to appear and speak on behalf of the property owner. Ms. Gonzalez stated
that she agreed with the representations set forth within the staff report and had no objection to any of
the proposed Conditions of Approval.
22. No member of the public testified at the hearing.
23. The entire Planning Staff file was admitted into the record.
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24. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
25. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
H. 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.
M. DECISION
Based on the above Findings of Fact and Conclusions of Law, SP2024-010 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The special permit shall apply to Parcel # 112-053-377, and any subsequent subdivision(s) thereof.
Dated this 21 day of August, 2024
CITY OF PASCO HEARING EXAMINER
I�IZ4�
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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