HomeMy WebLinkAboutSP 2025-013 Universal Shop decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
SP 2025-013 ) DECISION AND
The Universal Church Special Permit ) CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on September
10 2025, 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: The Universal Church Inc., 100 Mulberry St. 14`" Floor, Newark, NJ 07102
2. REQUEST: Special Permit: Operation of a church within an existing building.
3. Timeline:
06 July 2025
Application Submitted
17 July 2025
Application Deemed Incomplete
19 August 2025
Application Deemed Complete After Revision Submitted
27 August 2025
Notice of Public Hearing for SP2025-013 scheduled for September 10,
2025, was posted on the City of Pasco website, published in the Tri-City
Herald Newspaper, and mailed to properties within 300 feet of the
proposal.
03 September 2025
Public Hearing Staff Report Published
4. BACKGROUND
4.1. PROPERTY DESCRIPTION:
4.1.1.Abbreviated Legal: SHORT PLAT 83-5 LOT 1
4.1.2.General Location: 330 W Clark St. Ste. 105 (Parcel # 112034325), Pasco, WA 99301
4.1.3.Property Size: 0.33 acres (14,510.19 Square Feet).
4.2. ACCESS: The property has access from W Clark St. to the north and an adjacent alleyway located
between W Clark St. and W Lewis St. to the south.
4.3. UTILITIES: Municipal water is available on N 3rd Ave. and the adjacent alleyway to the south;
municipal sewer is available in the alleyway to the south. The site is currently served with both
municipal water and sewer.
4.4. LAND USE AND ZONING: The property is zoned C-2 (Central Business) and is currently
developed. Surrounding properties are zoned and developed as follows:
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4.4.1.North: C-2 Central Business/Commercial Development
4.4.2.East: C-2 Central Business/Commercial Development
4.4.3.South: C-2 Central Business/Commercial Development
4.4.4.West: C-2 Central Business/Peanuts Park
4.5. 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 use.
4.6. ENVIRONMENTAL DETERMINATION: Special permit is exempt from SEPA due to the
project meeting exemption requirements of WAC 197-11-800(6)(b).
5. BACKGROUND
5.1. Request
5.1.1.Applicant proposes to operate a Church within an existing building (tenant space) that is
currently being used for offices for local businesses.
5.2. Site
5.2.1.The entire site is covered by an existing building that hosts multiple tenant spaces. The site
has on -street parking on the W Clark St. frontage and additional parking in the back alleyway
that may be utilized by patrons.
5.3. History
5.3. l.The site was originally platted as part of the City's town plat back in 1889, under lots 8, 7,
and 6 of block 23. In 1983, the three lots were then converted into two lots through Short Plat
83-5. The site was originally assigned the C-1 zoning designation in 1938 as a part of the
City's original Zoning Ordinance (Ordinance #435). The site was subsequently rezoned to C-
2 in 1947 (Ordinance #608).
5.3.2.The building existing on -site today was constructed in 1970 and is approximately 9,425 sq.
ft. in size. The building currently houses five commercial tenant spaces. In July of 2025, our
office received a special use permit application for the operation of a church for one of the
tenant spaces. Applicant is requesting to convert on of the existing commercial tenant spaces
into a church where daily services of praise and worship will be conducted. The application
was flagged due to issues with application, lack of site/floor plans, and overpayment of fees.
On August 19, 2025, the associated issues with the initial application submittal were
addressed and deemed complete.
5.4. Land Use Regulations
5.4.1.Per Pasco Municipal Code (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.
5.4.2.Per PMC 25.200.020(3) churches shall be considered unclassified uses, and as such, require
Special Permit review.
5.4.3.Per PMC 25.90.050(5) and as defined in PMC 25.15.050, Community Service Facilities
Level Two are including but not limited to "...drug abuse and alcoholic treatment centers,
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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.
5.4.4.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.
6. An application was submitted on July 06, 2025, and deemed incomplete on July 17, 2025.
7. After revised application was submitted, it was deemed complete on August 19, 2025.
8. Notice of the public hearing was posted on the City of Pasco website, published in the Tri-City Herald,
and mailed to properties within 300 feet of proposal on August 27, 2025.
9. The proposed site is 330 W Clark St. Ste. 105 (Parcel 112034325) in Pasco, WA.
10. The site is zoned C-2 Central Business District.
11. The site is currently developed with an existing building that was constructed in 1970; the building
contains five commercial tenant spaces.
12. The Applicant proposes to operate a church within one of the tenant spaces that is currently being
utilized as an office.
13. Churches falls under the classification of an "Unclassified Use" which may be permitted within the C-
2 zoning district through a Special Permit.
14. The site is located within the bounds of the Downtown Pasco Overlay District as indicated in PMC
25.95.
15. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of
the Comprehensive Plan;
15.1. Land Use Goal 1: Take deliberate, consistent, and continuous actions to improve the
community's quality of life.
15.1.1. Policy 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.
15.1.2. The establishment of a church in the central downtown area nearby, social services,
residential, and transit lines will help to mitigate potential transportation and parking impacts
that a church can bring. An additional mitigation is that the C-2 zone prohibits community
service facilities level two which prohibits any entity from offering services that could
negatively impact surrounding properties, while preserving a constitutionally protected form
of expression.
15.2. Land Use Goal 4: Increase community accessibility through proper land use planning.
15.2.1. Policy 4-F: Support mixed use, smart growth, infill, and compact developments with transit
and pedestrian amenities that promote a healthy community.
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15.2.2. Having a church located near downtown, encourages both pedestrian and transit options
within the area with it leading to a healthier community.
15.2.3. Economic Development Goal 1: Maintain economic development as an important and
ongoing city initiative.
15.2.4. Policy 1-F: Support and encourage residential/commercial mixed -use developments that
provide neighborhood shopping and services and promote walkable neighborhoods.
15.2.5. Having a church located in the downtown could help promote a neighborhood feel and lead
to more businesses and residences to develop within the area.
16. The proposal will adversely affect public infrastructure;
16.1. 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.
17. The proposal will be constructed, maintained and operated to be in harmony with the existing or
intended character of the general vicinity;
17.1. The properties in the general vicinity are primarily commercial. The site has limited records
for the history of use but is currently utilized as office space, 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.
18. 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;
18.1. The proposed use will be contained within an existing building and tenant space. The space
has historically been used as office 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.
19. 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;
19.1. 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.
20. 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.
20.1. The proposal is required to adhere to the 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.
21. An open record public hearing was held, after legal notice, on September 10, 2025.
22. Appearing and testifying on behalf of the Applicant was Manuel Pantaleon. Mr. Pantaleon testified that
he was an agent authorized to appear and speak on behalf of the property owner and Applicant. He
stated that they agreed with the representations set forth within the staff report and the proposed
Conditions of Approval. He stated that there would be no school at this site and that the maximum
occupancy for their space is 40 people.
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23. No member of the public testified at the hearing.
24. The following exhibits were admitted into the record:
24.1. Ex A Staff Report;
24.2. Ex. B Remainder of Planning Staff File.
25. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
26. 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.
M. DECISION
Based on the above Findings of Fact and Conclusions of Law, SP 2025-013 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The special permit shall apply to Parcel # 112034325, and any subsequent subdivision(s) thereof.
2. Any modification or change in the nature, character or intensity of the use may require additional
review and/or Special Use Permits.
3. Applicant shall adhere to all Federal, State and City zoning, building, fire, and safety codes.
Dated this _�y of September, 2025
CITY OF PASCO HEARING EXAMINER
r
REW 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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