HomeMy WebLinkAboutSP2024-016 Hearing Examiner Decision 2024.12.27CITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
SP 2024-016 ) DECISION AND
Iglesia Casa De Dios Puerta al Cielo ) CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on December
11, 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. Abbreviated Legal: GERRYS ADD LOTS 25 TO 27 BLK18
1.2. General Location: 415 W Columbia Street (Parcel # 112041193), Pasco, WA 99301
1.3. Property Size: 0.24 acres.
2. ACCESS: The property has access from W Columbia Street to the south and access via an alleyway to
the north which connects to S 3rd Avenue.
3. UTILITIES: Municipal water is available in W Columbia Street 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.
4. LAND USE AND ZONING: The property is zoned C-2 (Central Business) and is currently developed.
Surrounding properties are zoned and developed as follows:
4.1. North: C-2 Central Business/Commercial Development
4.2. East: C-2 Central Business/Commercial Development
4.3. South: C-2 Central Business/Commercial Development
4.4. West: C-2 Central Business/Peanuts Park
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as "Commercial". The
Commercial designation allows for O, BP, C-1, C-2, C-3, and CR zoning districts and may be developed
with neighborhood, community and regional shopping and specialty centers, business parks, service
and office uses.
6. Applicant proposes to operate a Church within an existing building (tenant space) that is currently being
used for storage purposes.
7. The entire site is covered by an existing building which houses two separate tenant spaces. The site has
on -street parking on the W Columbia Street frontage that may be utilized by patrons. The site is located
within the bounds of the Downtown Pasco Overlay District, PMC 25.95,
8. 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
SP 2024-016
Iglesia Casa De Dios Puerta al Cielo
Page 1 of 5
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). The site was subsequently rezoned to C-2, staff was
unable to locate specific Ordinances for this rezone.
9. The building existing on -site today was constructed in 1940 and is approximately 10,500 sq. ft. in size
and houses two commercial tenant spaces. The building has been the subject of a multitude of Code
Enforcement cases, however, only one has been placed against the property under current ownership,
CEB2024-0652. This code case is for the use of the space as a church without a license and a Special
Permit, and for IBC violations as the building does not meet code requirements for assembly uses. The
code case was initially opened on September 20th, 2024. The case was brought before the Code
Enforcement Board on October 3rd, 2024. At said meeting the board held a penalty of $5,000 in
abeyance for 30 days for the applicant to submit a Special Permit application. This application was
received on October 8th, 2024, and is the subject of this decision.
10. An application was submitted on October 8, 2024. The application was deemed complete on October
30, 2024.
11. Notice was posted on the subject property on October 24, 2024, sent to property owners within 300 feet
of the subject property on October 25, 2024, and posted in the Tri-City Herald newspaper on October
30, 2024.
12. The proposed site is 415 W Columbia Street (Parcel 112041193) in Pasco, WA.
13. The site is zoned C-2 Central Business District.
14. The site is currently developed with an existing building that was constructed in 1940; the building
contains two commercial tenant spaces.
15. The Applicant proposes to operate a church within a tenant space that is currently being utilized as
storage space.
16. Churches falls under the classification of an "Unclassified Use" which may be permitted within the C-
2 zoning district through a Special Permit.
17. The site is subject to an ongoing code case, CEB2024-0652, for use of a building as a church without
a license and Special Permit, while also not meeting minimum requirements of safety codes.
18. The site is located within the bounds of the Downtown Pasco Overlay District as indicated in PMC
25.95.
19. While Churches may be permitted as an Unclassified Use under PMC 25.200.020, the Downtown Pasco
Overlay District prohibits Community Service Facilities Level Two per PMC 25.95.040(1).
20. Per PMC 25.15.050, Community Service Facilities Level Two are defined as including but not limited
to "...drug abuse and alcoholic treatment centers, halfway houses, charitable organizations, nonprofit
service groups, juvenile care and treatment centers, crisis residential centers, correctional work release
facilities, correctional institutions, juvenile delinquency homes and facilities, any and all facilities for
incarceration or detainment, temporary shelters, emergency housing facilities, community service
housing, missions, community kitchens, food banks, and other similar uses which provide social health
and welfare service for citizens; except any such use which limits the activity solely to organizational
or administrative office functions, whereby the actual community service is provided elsewhere, shall
be excluded...". The church will not be able to operate with any functions that fall under any category
of uses included in this definition.
21. 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:
SP 2024-016
Iglesia Casa De Dios Puerta al Cielo
Page 2 of 5
21.1. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative
text of the Comprehensive Plan;
21.1.1. Per The Comprehensive Plan designates this site as "Commercial." The Commercial land
use designation allows for the O, BP, C-1, C-2, C-3, and CR zoning districts and may be
developed with neighborhood, community, and regional shopping and specialty centers,
business parks, service and office uses.
21.1.1.1. Land Use Policy LU-1-D: 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. The proposed use would be
required to adhere to the standards of PMC 25.95 Downtown Pasco Overlay District
and could act as a buffer between the public Peanuts Park and other more intensive uses.
21.1.1.2. Economic Development Policy ED-3-D: 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.
21.2. The proposal will adversely affect public infrastructure;
21.2.1. 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.
21.3. The proposal will be constructed, maintained and operated to be in harmony with the
existing or intended character of the general vicinity;
21.3.1. The properties in the general vicinity are primarily commercial. The site has limited records
for the history of use but is currently utilized as a storage area, the proposed use of a church
would align with the existing or intended character. Other churches have been approved via
special permit in the general vicinity.
21.4. 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;
21.4.1. The proposed use will be contained within an existing building and tenant space. The space
has historically been used as storage space, a conversion to a church although not prohibited,
may impact the general vicinity. This is due to an increase in traffic during service hours.
21.5. 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;
21.5.1. The C-2 zoning districts permits a variety of uses in PMC 25.90.020, the proposed use of
a church is likely less intense than many of the uses allowed and currently existing in the
general vicinity.
21.6. 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.
21.6.1. 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
SP 2024-016
Iglesia Casa De Dios Puerta al Cielo
Page 3 of 5
periodic reviews for compliance with conditions imposed under the special permit, PMC, and
code violation history at which point the special permit for the use may be revoked
22. This matter was originally set for hearing on November 13, 2024. After the staff report was submitted,
and testimony from Leo Perales was received, the applicant indicated that they needed an interpreter.
Accordingly, the Hearing Examiner continued this hearing to the December 11, 2024 regularly
scheduled hearing date.
23. An open record public hearing was held, after legal notice, on December 11, 2024.
24. An interpreter was available was Miriam Arellano. Ms. Arellano was sworn in as an interpreter.
Appearing and testifying on behalf of the Applicant was Dulce Villanueva (Interpreter at the hearing
spelled the applicant's last name as Billannuba but application and business records state the applicants
name as Villanueva). Ms. Villanueva testified that she was the property owner and Applicant. Ms.
Villanueva indicated that they intended to use the property as a church. She indicated that they had
helped homeless in the past.
25. Testifying from the public was Leonel Guzman. Mr. Guzman testified that he was formerly homeless
and this church has changed his life.
26. Admitted into the record was the entire planning staff file of record.
27. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
28. 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.
M. DECISION
Based on the above Findings of Fact and Conclusions of Law, SP 2024-016 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The special permit shall apply to Parcel # 112041193, and any subsequent subdivision(s) thereof.
2. The proposal shall adhere to all life safety codes, including but not limited to those contained within
the International Building Code and International Fire Code.
3. Proposed church shall not be used or occupied for any service until all fire and life safety issued are
permitted, corrected, and verified by the city of Pasco Building Official/Fire marshal.
4. The building, including entrances and restrooms, must be ADA/handicap-compliant prior to
occupancy by the church.
SP 2024-016
Iglesia Casa De Dios Puerta al Cielo
Page 4 of 5
5. The facility shall operate in a professional manner, including day-to-day facility repairs and ongoing
maintenance, security, and upkeep of the property.
6. 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.
7. This special permit will undergo an administrative review two years from the approval date to assess
any issues related to noise and compatibility with surrounding uses
8. The church shall not be allowed to operate with any functions that fall under the category of uses
included within the definition set forth within PMC 25.15.015.
Dated this I- day of December, 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 2024-016
Iglesia Casa De Dios Puerta al Cielo
Page 5 of 5