HomeMy WebLinkAboutHE Determination SP 2023-015 Gerizim ChurchCITY OF PASCO HEARING EXAMINER
IN THE MATTER OF )
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FINDINGS OF FACT,
CONCLUSIONS OF LAW,
CONDITIONS OF APPROVAL AND
DECISION SP 2023-015
Gerizim Church
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
November 8, 2023, the Hearing Examiner having taken evidence hereby submits the following
Findings of Fact, Conclusions of Law, and Decision as follows:
I.FINDINGS OF FACT
1.Applicant Iglesia Gerizim Church wishes to operate a church facility in an existing
commercial warehouse structure located at 1310 Road 36 (parcel 119491122). The project
proposes to renovate an existing warehouse to be used for a church, including adding 30
parking spaces to the existing 10, for 40 total spaces.
2.Legal: Parcel C; the East 295.16 feet of the Northeast¼ of the Northeast¼ of the Northeast
¼ of Section 26, Township 9 North Range 29 East, except the North 442.74 feet, and except
the South 111.56 feet, and except County Road.
3.General Location: 1310 ROAD 36 (Parcel 119491122).
4.Property Size: Approximately .68 acres (29,580.40 square feet).
5.ACCESS: The site has access from Road 36 along the east side of the site.
6.UTILITIES: The site is served by both water and sewer services from Road 36.
7.LAND USE AND ZONING: The site is zoned C-1 (Retail Commercial) and developed
with a commercial steel building. Surrounding properties are zoned and developed as follows:
North:
East:
South:
West:
C-1
C-3
R-1
R-1
Vacant
US Post Office
SFDUs
SFDUs
8.COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for
commercial uses, with a strip of Low-Density Residential along the west property line. The
plan does not specifically address churches, but various elements of the plan address locating
businesses in appropriate locations for their anticipated uses. Land Use Policy LU-1-D states:
"Land uses should be permitted subject to adopted standards designed to mitigate land use
impacts on adjacent, less intensive uses, while preserving constitutionally protected forms of
expression." Land Use Policies LU-6-A and LU-6-B direct the City to "Encourage
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Gerizim Church
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commercial and higher-density residential uses along major corridors and leverage
infrastructure availability" and "Promote efficient and functional neighborhood level and
major commercial centers to meet community demand."
9.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the SEP A Checklist, the adopted City Comprehensive Plan, City
development regulations, and other information, a threshold determination resulting in a
Mitigated Determination of Nonsignificance (MDNS) was issued for this project on
November 2, 2023, under WAC 197-11-355. Mitigation includes the following:
9.1 Complete architectural plans are required for this change of occupancy. The plans
must show that the structural strength, means of egress facilities, stability, sanitation,
adequate light and ventilation, and safety to life and property from fire, and to
provide a reasonable level of safety to fire fighters and emergency responders during
emergency operations.
9.2 ROW dedication to complete the cul-de-sac on 37th Court shall be required; this may
interfere with the proposed parking lot expansion along the western property line.
10.The site is developed with a 5,295-square-foot, approximately 31-foot-tall commercial
warehouse structure built in 2007. The site has direct access from 1310 Road 36. The site has
a transit stop approximately 0.1 mi away, accessible by walking. Churches generally locate in
or near residential neighborhoods. While the site in question is in a commercial area, it is
adjacent residential areas to the south and west.
11.The site was annexed into the City (Ordinance 2535) and assigned C-1 zoning (Ordinance
2540) in 1985. Zoning has not changed since annexation and the initial zoning determination.
Owner of Bi-State Siding & Window obtained a building permit from the City of Pasco to
construct a commercial warehouse structure in 1995. The Bi-State Siding & Window
company, a commercial construction building and layout yard with trucks, forklifts, and other
equipment, operated from the site until at least 2017.
12.Church facilities require Special Permit review under the provisions of Pasco Municipal Code
(PMC) 25.200.020(4) Unclassified uses. Church facilities qualify as Community service
facilities, level one, as defined in PMC 25.15.050.
13.The footprint for the proposed church is 5,295 with a worship area of 2,412 square feet. Per
PMC 25.185.170(2) churches are required to have one space for four fixed seats based upon
maximum seating capacity or at least one space for every 10 lineal feet of bench seating, orplaces with no fixed seating, one space for every 100 square feet of floor area. For a 2,412-
square-foot worship area parking would be 25 spaces.
14.Per ITE Trip Generation Manual 11th edition (LUC 560), churches generate approximately
31. 46 Sunday trips per 1,000 square feet. A 2, 412-square-foot worship area would generate
approximately 76.67 Sunday trips.
15.Per the City's Building Department, complete architectural plans will be required for this
change of occupancy. The plans must show that the structural strength, means of egress
facilities, stability, sanitation, adequate light and ventilation, and safety to life and property
from fire, and to provide a reasonable level of safety to fire fighters and emergency
responders during emergency operations.
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16.Per the City's Engineering Department, right-of-way dedication to complete the cul-de-sac on
37th Court shall be required; this may interfere with the proposed parking lot expansion along
the western property line.
17.Notice of the public hearing was sent to property owners within 300 feet of the subject
property and the newspaper on October 16, 2023.
18.As per Pasco Municipal Code (PMC) 25.200.080 and 25.200.100, 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:
18. l Will the proposed use be in accordance with the goals, policies, objectives, and text
of the Comprehensive Plan?
18.1.1 Hearing Examiner Finding: The Comprehensive Plan indicates the site is
primarily intended for Commercial uses. The Plan does not specifically
address church facilities, but elements of the Plan encourage the promotion
of orderly development including the development of zoning standards for
off-street parking and other development. Land Use Policy LU-1-D states:
"Land uses should be permitted subject to adopted standards designed to
mitigate land use impacts on adjacent, less intensive uses, while preserving
constitutionally protected forms of expression."
18.1.2 Land Use Policies LU-6-A and LU-6-B direct the City to "Encourage
commercial and higher-density residential uses along major corridors and
leverage infrastructure availability" and "Promote efficient and functional
neighborhood-level and major commercial centers to meet community
demand."
18.1.3 Land Use Policy ED-3-D suggests the City "Require businesses and
buildings in and adjacent to the Central Business District to conform to
established development standards."
18.2 Will the proposed use adversely affect public infrastructure?
18.2.1 Hearing Examiner Finding: The building is located in an area that is fully
served by all City utilities. Public infrastructure was designed to serve the demands of commercial activities. The church facility use of the property might increase water usage slightly.
18.3 Will the proposed use be constructed, maintained and operated to be in harmony with
existing or intended character of the general vicinity?
18.3 .1 Hearing Examiner Finding: The Comprehensive Plan indicates the site is
primarily intended for Commercial uses. The proposed use will be located in
an existing building, built as a commercial warehouse structure. The facility
would be required to operate in a professional manner compatible with
surrounding retail uses, taking responsibility for day-to-day facility repairs
and ongoing maintenance, security, and upkeep of the property.
18.4 Will the location and height of proposed structures and the site design discourage the
development of permitted uses on property in the general vicinity or impair the value
thereof?
18.4.1 Hearing Examiner Finding: The proposal involves utilizing an existing
building. The location and height of the building will not change.
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18.5 Will the operations in connection with the proposal 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?
18.5. l Hearing Examiner Finding: Many allowed commercial uses are more intense than the proposed use as a church.
18.6 Will the proposed use 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?
18.6.1 Church facility uses typically do not endanger public health. The proposed
use does not involve the manufacture, production or sale of any product that
could endanger the public or become a nuisance.
19.An open record public hearing after due legal notice was held November 8, 2023, with the
staff and the public appearing in person, and the Hearing Examiner appearing via Zoom
videoconference.
20.Appearing and testifying at the hearing was Byron Jolma. Mr. Jolma testified that he was an
agent of the Applicant and property owner and was authorized to appear and speak on their
behalf. Mr. Jolma stated that he agreed with all representations in the staff report and had no
objection to any of the proposed Conditions of Approval. He further confirmed that all
parking would meet the requirements of the Pasco Municipal Code and would be located on
site.
21.No members of the public testified at the hearing.
22.The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
23.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II.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.
ID. DECISION
Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner APPROVES
SP 2023-014 subject to the following Conditions of Approval.
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IV.CONDITIONS OF APPROVAL
All conditions imposed by this decision shall be binding on the applicant, which includes the owner
or owners of the properties, heirs, assigns, and successors.
1.The special permit shall apply to Parcel 119491122.
2.The facility shall operate in a professional manner, including day-to-day facility repairs and
ongoing maintenance, security, and upkeep of the property.
3.Maximum building capacity shall be based on current International Fire Code (IFC) fire
rating, as approved by the City of Pasco. Increased capacity shall require improvements
meeting City-adopted IFC standards.
4.Off-street parking shall be required per PMC 25.185.170(1) and PMC 25.185.170(2).
5.The site and building plans must show that the structural strength, means of egress facilities,
stability, sanitation, adequate light and ventilation, and safety to life and property from fire,
and to provide a reasonable level of safety to fire fighters and emergency responders during
emergency operations.
6. Right of Way dedication shall be required to complete the cul-de-sac on 37th Court.
7.The special permit shall be null and void if a City of Pasco, Occupancy Permit is not obtained
within one year of Special Permit approval.
8.This special permit shall be administratively reviewed in two years from the date of approval
for issues associated with parking, noise, and compatibility with existing retail use.
Dated this J..k. day of November, 2023.
CITY OF
Andre Absent a timely appeal, this Decision is final 1 1 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 2023-015
Gerizim Church
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