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HomeMy WebLinkAboutSP 2024-014 - HE Decision 2024.10.18CITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND SP 2024-014 ) DECISION AND New Beginning Church ) CONDITIONS OF APPROVAL THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on October 9, 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. PROPERTY DESCRIPTION: 1.1. Legal: The south 50' of Lots 1 and 2, and all of Lot 7, Block 2, North Poplar Addition to Pasco. 1.2. General Location: 745 West Court Street (Parcels 113394257, 113394266, and 113394275) 1.3. Property Size: Approximately .64 acres (28,048.90 square feet) 2. ACCESS: The site has access from West Court Street and North 7th Avenue, as well as from a partially - developed alley which bisects the proposed Special Permit site east -to -west, and dead -ends at a parking lot to the east. 3. UTILITIES: The site is connected to water service from North 7th Avenue, and sewer service from the alley which runs south of Lots 1 and 2 and north of Lot 7, of North Poplar Addition. 4. LAND USE AND ZONING: The south 50 feet of Lots 1 and 2 is zoned R-3 and is vacant; Lot 7 is zoned "O" (Office) and developed with a commercial brick building. Surrounding properties are zoned and developed as follows: 4.1. North: R-3 Residential Multi- Family 4.2. East: R-3 Residential Multi- Family 4.3. South: C-1 SFDUs 4.4. West: C-1 SFDUs; Multi -Family Residential 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for Medium - Density Residential uses. 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-1-13 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 commercial and higher -density residential uses along major corridors and leverage infrastructure availability." 6. Proposal: Applicant Ronald D. Houe, on behalf of New Beginning Church wishes to operate a church facility in an existing commercial brick structure located at 745 West Court Street. The site consists of three separate tax parcels (Parcels 113394257, 113394266, and 113394275) under the ownership of two separate entities. The project proposes to utilize an existing commercial structure for a church. SP 2024-014 New Beginning Church Page 1 of 5 7. Site: 7.1. The 3-parcel site comprises approximately .64 acres and is developed with a 3,542-square-foot brick commercial structure built in 1972. The site has direct access from both West Court Street and North 7th Avenue. 7.2. A transit stop is located approximately 212 feet to the east. 7.3. Churches generally locate in or near residential neighborhoods. While the site in question is in a commercial zoning district, it is surrounded by residential uses on all sides. 8. History: 8.1. The site was annexed into the City in 1949 (Ordinance 649). The site was zoned R-3 (Medium - Density Residential) until 1991 when the City Council approved Ordinance 2834 amending the zoning classification for the parcel along West Court Street (Parcel 113394275) to "0" (Office). The space was used by Serra Care Plasma Center beginning around 1996, and as Florian Thompson DMD dental office beginning around 2004. From around 2008 to 2021 the property appears to have been abandoned. The property had been cited for property maintenance issues repeatedly from 2004 through 2021. 8.2. A sign for Casa de Dios Puerta al Cielo Church seen on the south face of the building in a 2024 Google Earth photo, indicates the use was changed to assembly; however, no building permit or business license application was submitted nor obtained by this organization. The City received an application for New Beginning Christian Community Church on August 28, 2024; this application was placed on "HOLD" pending Special Permit review. 9. Discussion: 9.1. Church facilities require Special Permit review in the "0" (Office) zoning district under the provisions of Pasco Municipal Code (PMC) 25.80.040(2) 9.2. The footprint for the proposed church is 3,542 square feet with a worship area of approximately 1,836 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, or places with no fixed seating, one space for every 100 square feet of floor area. For an 1,836-square-foot worship area, 19 parking spaces would be required. There are no marked parking stalls on site; however, there is a 50' X 170' area to the rear of the building which appears to provide sufficient space for 19 on -site parking spaces. Applicant would be required to stripe the parking area prior to occupancy. As mentioned above, the site has access from a partially - developed alley which bisects the proposed Special Permit site east -to -west, and dead -ends at a parking lot to the east. Parking will need to be located outside the alley right-of-way. 9.3. Per ITE Trip Generation Manual llth edition Land Use Code (LUC) 720, the former use, Medical/Dental office could have generated an average of 13.74 weekday AM peak -hour trips (3.74 per 1,000 sq ft); Per ITE Trip Generation Manual 1lth edition LUC 560, the proposed church use could generate a projected 36.7 Sunday trips (10.36 Sunday trips per 1,000 square feet), or approximately 23.45 new trips; however, this would not be an apples to apples comparison as Sunday traffic is typically lower than weekday traffic. As such, the weekdays impact on the surrounding nearby roadways and intersections should be minor. 10. Public notice of this hearing was sent to property owners within 300 feet of the property and in the Tri- City Herald on September 16, 2024. 11. Applicant wishes to operate a church facility at 745 West Court Street. SP 2024-014 New Beginning Church Page 2 of 5 12. The site consists of three separate tax parcels (Parcels 113394257, 113394266, and 113394275). 13. The project proposes to utilize an existing commercial structure for a church. 14. The 3-parcel site is approximately .64 acres (28,048.90 square feet). 15. The site is developed with a 3,542-square-foot brick commercial structure built in 1972. 16. The site has direct access from both West Court Street and North 7th Avenue. 17. A transit stop is located approximately 212 feet to the east. 18. Churches generally locate in or near residential neighborhoods. 19. The site is surrounded by residential uses on all sides. 20. The site was annexed into the City of Pasco in 1949 (Ordinance 649). 21. The site was zoned R-3 (Medium -Density Residential) prior to 1991 22. The site was rezoned to "O" (Office) in 1991 (Ordinance 2834). 23. The site was used by a Plasma Center beginning around 1996. 24. The site was used as a dental office beginning around 2004. 25. The site appears to have been abandoned from around 2008 to 2021. 26. The site was cited for property maintenance issues repeatedly from 2004 through 2021. 27. A church may have used the site in or around 2024 without building permit or business license. 28. New Beginning Christian Community Church applied for a business license on August 28, 2024. 29. The New Beginning application was placed on "HOLD" pending Special Permit review. 30. Church facilities require Special Permit review in the "O" (Office) zoning district under the provisions of Pasco Municipal Code (PMC) 25.80.040(2). 31. The total building footprint for the proposed church is around 3,542 square feet; the worship area is approximately 1,836 square feet. 32. 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, or places with no fixed seating, one parking space for every 100 square feet of floor area. 33. Nineteen parking spaces would be required for an 1,836-square-foot worship area. 34. There is a 50' X 170' area to the rear of the building which appears to provide sufficient space for 19 on -site parking spaces. 35. Applicant would be required to stripe the parking area prior to occupancy. 36. Per ITE Trip Generation Manual llth edition (LUC 560), churches generate approximately 31.46 Sunday trips per 1,000 square feet. 37. An 1,836-square-foot worship area would generate approximately 57.76 Sunday trips. 38. Before recommending approval or denial of the proposed plat the Hearing Examiner must develop findings of fact from which to draw its conclusion (PMC 25.200.080 and 25.200.100) therefrom as to whether or not: SP 2024-014 New Beginning Church Page 3 of 5 38.1. Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? 38.1.1. The Comprehensive Plan indicates the site is intended for Medium -Density Residential uses. The plan does not specifically address churches, but various elements ofthe plan address locating businesses in appropriate areas 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." 38.2. Will the proposed use adversely affect public infrastructure? 38.2.1. The building is located along an arterial street 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. 38.3. Will the proposed use be constructed, maintained, and operated to be in harmony with existing or intended character of the general vicinity? 38.3.1. The proposal would use an existing commercial structure and parking area; the existing/intended character of the general vicinity is a mix of commercial and multi -family residential uses along an arterial street. The facility would be required to operate in a professional manner compatible with surrounding uses, taking responsibility for day-to-day facility repairs and ongoing maintenance, security, and upkeep of the property. 38.4. 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? 38.4.1. The surrounding area is fully developed with multi -family uses. The proposal involves utilizing an existing building; the location and height of the building will not change. 38.5. 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? 38.5.1. The site is surrounded by multi -family uses; as well, many allowed office uses are functionally analogous to the proposed church use. 38.6. 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? 38.6.1. Church facility uses typically do not endangered 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. 39. An open record public hearing was held, after legal notice, on October 9, 2024. 40. Appearing and testifying on behalf of the Applicant was Pastor Ronald Houe. Pastor Houe testified that he was an agent authorized to appear and speak on behalf of the property owner and Applicant. Pastor Houe stated that they agreed with the representations set forth within the staff report and 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 at the hearing. 43. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. SP 2024-014 New Beginning Church Page 4 of 5 44. 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. III. DECISION Based on the above Findings of Fact and Conclusions of Law, SP 2024-014 is hereby APPROVED subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL The special permit shall apply to Parcels 113394257, 113394266, and 113394275. 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 (ITC) 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). The parking area shall be striped prior to issuance of a Business License/Occupancy Permit. 5. Applicant shall commence the special use authorized or obtain a building permit for construction of authorized facilities within one year of Special Permit approval, or the special permit shall expire. 6. This special permit shall be administratively reviewed in two years from the date of approval for issues associated with parking, noise, and compatibility with surrounding uses. Dated this J S'�day of October, 2024 CITY OF PASCO HEARING EXAMINER Andrew L. Kottkamp Absent a timely appeal, this Decision is final' I 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 2024-014 New Beginning Church Page 5 of 5