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HomeMy WebLinkAboutSP 2026-005 final decisionCITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, SP 2026-005 ) DECISION AND Casa Vina ) CONDITIONS OF APPROVAL THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on May 13, 2026, 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. Proponent: Casa. Vina LLC, 5960 Burden Blvd, Pasco, WA 99301 2. Applicant: Baba Properties LLC, 5960 Burden Blvd, Pasco, WA 99301 3. Request: To develop an event space which the City of Pasco municipal code classifies as a dance hall/ nightclub a 5960 Burden Blvd. 4. Timeline: 4.1. April 16, 2026 Application Submitted 4.2. April 23, 2026 Application Deemed Complete 4.3. April 29, 2026 Notice of Public Hearing for SP2026-005 scheduled for May 13, 2026, was posted on the City of Pasco website, published in the Tri-City Herald Newspaper, and mailed to properties owners within 300 feet of the proposal.. 4.4. May 6, 2026 Public Hearing Staff Report Published 5. BACKGROUND 5.1. Property Description: 5.1.1.Abbreviated Legal: N4667OF W466.7' OF NE4 15-9-29 TOG W/ESMT FOR I/E OVER N30' OF NW4 SD SEC AND LESS N59' OF W4667OF NE4 FOR RD 5.1.2.Site Location: 5960 Burden Blvd. (Parcel# 117340011), Pasco, WA 99301 5.1.3.Property Size: 4.39 acres (190,938.12 Square Feet). 6. ACCESS: The site is currently accessed from two driveways off of Burden Blvd to the north. 7. UTILITIES: Municipal water is available in Burden Blvd to the north. Municipal sewer is available in Burden Blvd to the north. The site is currently served by both municipal water and sewer. 8. LAND USE AND ZONING: The property is zoned C-1(Retail Business) and is currently developed with a two-story building, the upper story is a dentist's office, the proposed use will be on the ground floor. Surrounding properties are zoned and developed as follows: SP2026-005 Casa Vina Page 1 of 8 Direction Zone Current Development North R-1 & C-1 Single Family Dwellings & Retail / Medical business East R-1 Single Family Dwellings South R-1 Single Family Dwellings & Natural Gas Pipeline infrastructure West R-T HAPO Sports Complex 9. COMPREHENSIVE PLAN: The Comprehensive Plan designates the location as "Commercial." The commercial designation supports neighborhood, community and regional shopping and specialty centers, business parks, service and office uses, which is in line with the commercial nature of the proposal. 10. ENVIRONMENTAL DETERMINATION: The Special Permit is exempt from SEPA due to the project meeting exemption requirements of WAC 197-11-800(6)(b). I L BACKGROUND 11.1. Request 11.1.1. The applicant proposes developing an event space, which the City of Pasco municipal code classifies as a dance hall/ night club, on the ground floor of 5960 Burden Blvd., a two-story building. 11.2. Site 11.2.1. The site has been developed a dentist's office on the upper floor, and previously a specially permitted winery (SP2002-017) on the lower floor. The winery was conditioned to be personal to the applicant and has ceased operations. Therefore SP2022-017 is void. The current building is approximately 2,800 sq.ft. in size and has a lower level that is accessed by a garage door. The building currently houses a dentist's office. The parcel is approximately 4.37 acres in size. The site currently has a parking lot with +/- 19 parking spaces. 11.3. History 11.3.1. The site was annexed into the City on January 5, 1981, with Ordinance #2388. The site was originally assigned the R-T zoning designation in 1981 as a part of the annexation process. The site was rezoned from R T (Residential Transition) to C-I (Retail Business) in 1995 with Z1995-003 (Ordinance #3080). 11.3.2. Special Permit 2002-017 was approved on 8/15/2002 permitting a winery on the property. This Special Permit was personal to the applicant and not transferrable, and after operations ceased at the end of 2025, SP2002-017 became null and void. 11.3.3. A gazebo was permitted in the rear yard of the property in 2004. 11.3.4. The upper floor was permitted as a dentist's office in 2024. 11.4. Land Use Regulations 11.4.1. Per Pasco Municipal Code (PMC) 25.100.040(6) Dance halls and / or Nightclubs require a special permit. SP2026-005 Casa Vina Page 2 of 8 11.4.2. 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. 12. An application was submitted on April 16, 2026. 13. 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 April 29, 2026. 14. The proposed site is Parcel # 117340011 in Pasco, WA. 15. The site is zoned C-1 (Retail Business). 16. The site was developed as a winery in 2002, operation of the winery ceased, therefor the special permit personal to the applicant is void. 17. The site was partially redeveloped into a dentist's office in 2024. 18. Applicant proposes to develop an event space that the city of Pasco classifies as a dance hall/ night club. 19. Dance Hall / Nightclubs are considered a "Conditional Use" within the C-1 zoning district. 20. Conditional uses in the C-1 zoning district may be permitted through the Special Permit process. 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: 21.1. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; 21.1.1. Policy ED-2-B: Encourage development of a wide range of commercial and industrial uses strategically located near major transportation corridors or facilities and in close proximity to existing or proposed utility infrastructure while supporting local and regional needs. 21.1.2. Goal LU-6: Encourage distinctive quality community and regional commercial and industrial developments that support the city's overall development goals. 21.1.3. Policy LU-6-A: Encourage commercial and higher -density residential uses along major corridors and leverage infrastructure availability. 21.2. The proposal will adversely affect public infrastructure; 21.2.1. Access to the site is currently established off Burden Blvd. City water is available to the site from Burden Blvd. Currently the site is served by City utilities, including water and sewer. Burden Blvd is listed in the City of Pasco's Transportation System Master Plan (TSMP) as a minor arterial. Minor Arterials are designed to collect trips from lesser classified streets and facilitate the travel to major collectors, highways, and interstates. The additional trips from this proposed event space is unlikely to impact this classified road. The proposed event space does not appear to place more of a burden on utilities than other permitted uses in the C-1 (Retail Business) district. As such the Hearing Examiner finds 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 a mixture of residential, commercial, and recreational uses, but are primarily residential. Properties to the north, east, and south of the proposal are single family dwellings within residential neighborhood, as well as insurance and dental offices along Burden Blvd to the Northwest. Additionally, to the south is a utility SP2026-005 Casa Vina Page 3 of 8 access shed for the natural gas pipeline that runs roughly northeast to southwest along the eastern boundary of the property. Properties to the west of the proposal have been developed into a sports complex which includes soccer fields, baseball stadium, and practice facilities. Burden Blvd is a minor arterial, and the City of Pasco's Comprehensive Plan Land Use Policy 6-A encourages commercial and higher density residential uses along major transportation corridors. The property is currently screened along the eastern and southern boundaries with a chain link fence that has privacy slats. This screening is between the residential single- family dwellings and the proposed use. The western boundary of the site is raised approximately 11 feet from the soccer fields that abut the property. 21.3.2. Without substantial conditions, the operation of the proposal will interfere with the harmony of the general vicinity, as it is very likely to produce excess noise from guests talking, loud music, both indoor and outdoor, and the hours of operations. The Hearing Examiner will attempt to set conditions that will adequately mitigate these adverse consequences. The Hearing Examiner finds that the proposed dance ball/event center, if the Applicant strictly complies with all Conditions, should be in harmony with the mixed commercial, residential, and recreational character of the area. It is noted that the venue has created disruptive noise from past events, including recent events. This noise interferes with owners of residential properties in the area from fully enjoying their property. +The impacts of noise on the neighbors was not disputed by the Applicant. 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.L The proposed dance hail will be subject to the Pasco Municipal Code. The proposal does not intend to develop or significantly alter any structures on the property. The height of the primary structure and the gazebo are currently in compliance with the Pasco Municipal Code. The site is designed to allow access to a gazebo as well as the property. The development of the proposal is unlikely to impair the value of the surrounding properties as the previously specially permitted winery had been approved and was operational when the neighboring properties were developed. As a specially permitted use was on the property at the time of development, its existence would have factored into the value of the neighboring residential properties when they were developed. Additionally, the neighboring properties have been developed, and it is unlikely to see an impact from the proposal as the development currently exists. 21.4.2. The proposal, as conditioned, will not discourage development of permitted uses on property in the general vicinity or impair their value as the building will meet Pasco Municipal Code Standards. 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. Examples of permitted uses in the C-1 (Retail Business) district include but are not limited to: Automobile detail shops and automobile rental or leasing, hotels and motels, car washes, and restaurants. The permitted uses in the C-1 district listed above may produce more noise, fumes, vibrations, dust, traffic, and flashing lights than is expected to be produced by event space. However, the proposal will require conditions to mitigate the potential impacts from likely objectionable factors. Noise, flashing lights, and traffic are the likeliest of the listed objectionable factors to come from the proposal. Noise emitted from parties, weddings, etc... have been and will continue to be more objectionable to nearby properties than other permitted uses in the zone due to the fact that the noise may be continuous, continue into the SP2026-005 Casa Vina Page 4 of 8 evening, and interfere with a person's peaceful enjoyment of their house and property. Permitted uses within the C-1 zoning district include restaurants and auto detail shops, which can also produce noise that may be objectionable to nearby properties. Pasco Municipal Code (PMC) Chapter 9.130 regulates noise within the city, and has specific provisions for noise generated by commercial uses on residential property, hours of permitted noise, and decibel limits for noise intruding onto residential property from commercial property. As this proposal is likely to generate noise it will be conditioned to follow PMC 9.130. The Applicant did not provide any evidence to contradict the public testimony of the noise impacts on the neighbor's properties. PMC Chapter 12.32 regulates outdoor lighting within the city. This proposal will be conditioned to follow this chapter of the municipal code. The Institute of Transportation Engineers (ITE) Trip Generation Manual calculates the average pm peak hour trips for a wine tasting room at 28 vehicle trips for a 2,800 sq. ff. building. A walk in dental office generates 13 vehicle trips for a 2,800 sq. ft. building. On average a dance hall generates 18 pm peak hour trips for a 2,800 sq.ft. building. As outlined in the ITE, the average pm peak hour trips generated by the proposal shall be less than the average pm peak hour trips as were previously permitted on site with the Winery. Therefore, the Hearing Examiner finds the traffic produced from the proposed use to not be more objectionable than the operation of any other permitted use in the C-1 district. The site currently has 19 parking spaces. This will be conditioned to meet current standards in the Pasco Municipal Code chapter 25.185. The traffic from this number of guests may be objectionable to nearby properties and will be conditioned to be no more objectionable the other permitted uses within the C-1 District. All parking shall occur on site and the Applicant shall provide designated and lined parking spaces for its guests. 21.5.2. Fumes, vibrations, and dust are unlikely to be generated from this proposed event space in a manner that would be more significant than other uses in the C-1 district. 21.5.3. The Hearing Examiner fmds that, as conditioned, the proposal will not be more objectionable to nearby properties than the operation of any permitted use within the district. 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 City of Pasco identifies Burden Blvd as a minor arterial in the Transportation System Master Plan (TSMP). To the west of the proposal along Burden Blvd there is a sports complex and minor league baseball stadium as well as commercial development, to the east of the proposal is single- family residential. Properties to the west are zoned R-t and C-1, where properties to the east are zoned R-I(Low Density Residential). Uses permitted in the C-1 district are generally more intensive and present greater potential impacts to public health and safety than the proposed conditionally permitted use. [DL4.I] 21.6.2. The previously approved Special Permit (SP202-017) was for a winery. The Pasco Municipal Code defines a winery as a facility designed for crushing, pressing, fermenting, bottling and cellaring wine for retail and wholesale purposes. The nuisances produced from the wine making process, and the shipping or commercial sale of wine that was previously permitted on the property when the neighboring residential properties were developed. 21.6.3. The proposal, as conditioned, will not endanger public health or safety, nor should it become a nuisance in the proposed location. Should the Conditions of Approval not be sufficient to mitigate the adverse consequences, this matter may be referred back to the Hearing Examiner to reexamine the Conditions of Approval. 21.6.4. The proposal must comply with all relevant provisions of the Pasco Municipal Code, including outdoor lighting and noise regulations. Any violations would trigger enforcement SP2026-005 Casa Vina Page 5 of 8 and corrective action. The use will also undergo periodic reviews to ensure ongoing compliance with all permit conditions. 22. An open record public hearing was held, after legal notice, on May 13, 2026. 23. Appearing and testifying on behalf of the Applicant was Jenny Cervantes. Ms. Cervantes indicated that she was an agent of the applicant and property owner. She stated that they are not going to be operating a night club, but instead as a meeting and event center for weddings, birthdays, meetings and private celebrations. She stated that the events would primarily occur indoors. She said that there is sufficient area for parking for 90 vehicles. She stated that alcohol will be allowed and that some events, like wedding receptions, would occur outside. Of note, she did not seriously contest the testimony from the public as to the noise impacts of the past use of the facility on the peace and enjoyment of their properties. The public concerns are set forth in the written comments and in the public testimony summarized below. 24. Testifying from the public were the following individuals: 24.1. Paul Bloomberg. Mr. Bloomberg's residence is a neighbor of the Applicant's property. He discussed problems related to vehicles entering and leaving the property. He said that there is no Casa Vena, LLC registered with the Secretary of State's office. He stated that there are no designated parking spaces in the field on the property. But his major complaint was the noise that is generated on site from past events that interfere with his peaceful enjoyment of his property. He described not only the volume of music being disruptive, but also the drums and the continuous "thump thump thump" of bass noise. Mr. Bloomberg also stated that the events are almost never totally inside and that the roll up garage door is opened so that all the noise from the inside of the site escapes outside. So indoor events are really outdoor events. He also wondered where the bathrooms would be for the events. 24.2. Lori Thompson. Ms. Thompson lives two blocks away from the venue site. The noise from events is very disruptive and the decibel of noise levels are not monitored by the city or the user of the site. She stated that there has been traffic issues with past events and that there is no designated parking for large events. 24.3. Dave Halverson. Mr. Halverson has concerns that disruptive outdoor events are being held and also had a concern about the number of bathrooms that would serve the guests. 24.4. Gwen Hill. Ms. Hill lives close to the site and the noise from events prevent her from being outside and enjoying her property. 24.5. Tim McElravy. Mr. McElravy also lives in the vicinity and moved into his house last October and there have already been multiple events, both indoor and outdoor, that are disruptive. 24.6. Nick Malhan. Dr. Malhan is the dentist that owns the property and works upstairs. He stated that there is parking available in the field and that he does not provide an onsite sound system. He said that there are 3 restrooms on the site. He stated that the Applicant started renting from him in May, 2025. He also mentioned that the HAPO sports complex also creates noise in the area. 24.7. Leo Perales. Mr. Perales is a member of the Pasco City Council. The Hearing Examiner understands that he was testifying on behalf of himself and not on behalf of the City Council. He testified that he had heard videos of recent events and can confirm that they were very loud. He suggested that events be held indoors with the garage door closed. He stated that the City must enforce the Conditions of Approval. He thought signage for those exiting the property prohibiting left hand turns would make the road safer. He suggested that a manager be required to be onsite for the duration of all events and that there be compliance reviews. SP2026-005 Casa Vina Page 6 of 8 25. The following exhibits were admitted into the record: 25.1. Ex. A Staff Report 25.2. Ex. B Application Materials 25.3. Ex. C Public and Agency Comments, including all of the public comments that were provided to the Hearing prior to the hearing. 25.4. Ex. D Noticing Documents 25.5. Ex. E Remainer of Planning Staff File 26. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 27. After the public testified, the Hearing Examiner offered the applicant an opportunity to provide any rebuttal testimony. The Applicant declined this opportunity. 28. 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. III. DECISION Based on the above Findings of Fact and Conclusions of Law, SP 2026-005 is hereby APPROVED subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL 1. The special permit shall apply to 5960 Burden Blvd. (Parcel# 1 l 7340011) and any subsequent subdivision thereof. 2. All lighting shall be directed downward and shielded in such a way that no light from the development encroaches onto another property, per Pasco Municipal Code 12.32. 3. Indoor lighting shall be screened so as to not encroach onto another property. 4. Noise from the property shall not exceed the maximums allowed by Pasco Municipal Code 9.130. 5. There shall be no amplified music or other amplified sounds that originate from the outside. 6. If there is any indoor amplified music or other amplified sounds, all doors and windows shall be shut at all times. This includes the garage door. 7. There shall be a manager employed by the Applicant on site for the duration of all events to ensure compliance with all Conditions of Approval. 8. Hours of operation shall be no earlier than 9am and shall end no later than 9pm. 9. The parking area shall be revised to meet current standards in Pasco Municipal Code 25.185. All parking spaces shall be striped. SP2026-005 Casa Vina Page 7 of 8 10. The Department of Health shall set occupancy limits related to adequate bathroom facilities. 11. The Fire Marshall shall set occupancy limits related to the fire safety of all guests. 12. The Applicant shall obtain all permits necessary for the service of food or alcohol. 13. In the event of complaints arising from the Applicant's future use of the property, (for example drums that are used inside or outside, or amplified music or other amplified sounds) the City, in it's sole discretion, may refer this matter back to the Hearing Examiner to reevaluate these Conditions of Approval and there effectiveness in mitigating the adverse impacts. The Hearing Examiner may delete, add or revise any conditions. 14. If there are noise complaints that the City finds compelling, then the Hearing Examiner authorizes the City to require the Applicant to provide noise testing, by a professional noise technician approved by the City, during the entire duration of any events for 6 consecutive months to ensure that decibel levels do not exceed City limits, and to submit a report of each noise study within 7 days of the event. If the noise levels exceed those allowed by the City code, the City may, in its sole discretion, refer this matter back to the hearing examiner for the purposes set forth in Condition of Approval #13. 15. The site plan shall be developed in substantial conformity to the Special Use Permit application, site plan and any building plans submitted. 16. Any modification or change in the nature, character or intensity of the use may require additional review and/or Special Use Permits. 17. The Applicant shall adhere to all Federal, State and City zoning, building, fire, and safety codes. Dated this day of May, 2026 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). SP2026-005 Casa Vina Page 8 of 8