HomeMy WebLinkAboutHE Determination SP 2021-013 Aventura Event Center CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
DECISION AND CONDITIONS
SP 2021-013 ) OF APPROVAL
Aventura Event Center )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
September 8, 2021, the Hearing Examiner having taken evidence hereby submits the following
Findings of Fact, Conclusions of Law, and Decision and Conditions of Approval as follows:
I. FINDINGS OF FACT
I. PROPERTY DESCRIPTION:
1.1 Legal: The South '/z of the West '/z of the Northwest'/4 of the Northwest '/4 of the
Southeast 1/4, less Rights-of-Way and easements, Section 25, Township 9 North,
Range 29 East,together with a portion of the West''/z of the Southeast'/4 ofthe
Northwest '/of the Northwest '/4 of the Southeast '/4 Section 25, Township 9 North,
Range 29 East, defined as follows: A strip of land 234.4 feet long, 3.4 feet at its most
southerly point and 2.67 feet at its most northerly point, defined as follows: the West
3.4 feet diminishing to 2.67 feet of the West''/z of the Southeast '/4 of the Northwest 1/4
of the Northwest '/4 of the Southeast 1/4, beginning 35.7 feet from the North line and
terminating 60.28 feet from the most southerly boundary of said subdivision
(Franklin County Tax Parcel#119462084).
1.2 General Location: 2799 West Lewis Street.
1.3 Property Size: 1.61 acres (69,994.32 square feet).
1.4 Applicant: Arnold &Maria Ramos c/o Aventura Event Center, 1015 N Road 55,
Pasco WA 99301.
1.5 Request Special Permit: Event Center in a C-1 (Retail Business)Zoning District.
2. ACCESS: The site has access from West Irving Street, and North 28'h Avenue.
3. UTILITIES: The site is served by water service located in West Irving Street and sewer
services from North 28th Avenue.
4. LAND USE AND ZONING: The property is currently zoned C-1 (Retail Business)and is
developed with a Bowling Alley structure. Surrounding properties zoned as follows:
North C-3* Commercial
East C-1 Commercial
South 1-1 Motel,Restaurant/Bar
West C-1 TV/Radio Station
(*with a concomitant agreement: C-1 uses only, except auto sales)
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5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is primarily
intended for Commercial uses. 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-B calls for the City to "enhance the physical appearance
of development within the community through land use regulations,design guidelines,and
performance and maintenance standards including landscaping,screening, building facades,
color, signs, and parking lot design and appearance."Land Use Policy LU-6-C similarly
directs the City to ensure "attractive hubs for activity by maintaining and applying design
standards and guidelines that will enhance the built environment of each community."
Economic Development Policy ED-2-13 counsels the city to"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."
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the SEPA checklist,the adopted City Comprehensive Plan, City
development regulations,and other information, a threshold determination resulting in a
Mitigated Determination of Non-Significance(MONS)was issued for this project on August
13, 2021, under WAC 197-11-158.No appeal has been filed.
7. PROPOSAL: Applicant wishes to locate an event center on a 1.61 acre (69,994.32 square-
foot) parcel in a C-1 (Retail Business) zoning district.
8. PROPERTY DESCRIPTION: The proposed Event center would be located at 2799 West
Lewis Street, in a commercial area at the corner of West Lewis Street, North 28"' Avenue,
and West Irving Street. Both West Lewis Street and North 28th Avenue are arterial streets and
accordingly,the site has good transportation access.A Ben-Franklin Transit(BFT)bus stop is
located approximately 250 feet to the east along West Lewis Street.
9. HISTORY: The site was annexed into the City (Ordinance 1050) and zoned C-1 Ordinance
1049) in 1962. According to the Franklin County Assessor webpage the structure was built on
or before 1958, making it at least 63 years old as of 2021. A Special Permit was obtained by
James McCurry for a bowling alley in 1975 (75-03-BOA). The facility has operated as a
bowling alley to present.
10. According to PMC 25.15.060 D definitions, "Dance hall" means an enclosed space where
public dances are held and where alcohol and/or food may be sold. Using this definition
"Event Centers" can be classified under the rubric of"dance halls and night clubs," which
according to PMC 25.85.040(6) require review via the Special Permit process in the C-1
Zoning District. Based on building permit diagrams submitted to the City, Applicant intends
to continue the bowling alley use along with a lounge, restaurant, and the proposed event
center use.
11. Parking requirements for proposed on-site uses is outlined in Pasco Municipal Code
25.185.170(3) as follows:
Description Occupancy Type of Unit Required Parking Required Parking
of Space Type Units Count Spaces Per Unit Spaces
Dining Area Restaurant Sq.Ft. 2,221 1 per 100 Sq. Ft. 22.21
Loun e Restaurant Sq. Ft. 1,202 1 per 100 Sq. Ft. 12.02
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Event Center Auditorium Sq Ft. 1,598 1erp 100 Sq. Ft.t. 15.98
Subtotal 50.21
Bowling Bowling
Alley Alley Lanes 24 4 per lane 96.00
Total 146.21
12. Based on Pasco Municipal Code 25.185.170(3)the four contemplated uses for the site would
require 147* parking spaces (*rounded up); current on-site parking is approximately 79
spaces, or 68 parking spaces under the required number. Even arguing that the current
bowling alley uses, including a restaurant/lounge and a bowling alley are "grandfathered in"
would still require an additional 16 on-site parking spaces above and beyond the existing 79.
The Hearing Examiner finds that the applicant must have 68 new parking spaces to
accommodate all on-site uses.
13. According to PMC 25.185.070(3), owners of two or more uses, structures, or parcels of land
within 300 feet of each other may share the same parking or loading area when the hours of
operation do not overlap. The owners of two or more uses, structures, or parcels within 300
feet of each other may also share facilities concurrently. However, the total parking
requirements shall be the sum of the requirements for each individual use. Whenever shared
parking is allowed under this section, the parking lot shall be signed so as to reasonably
notify the public of the availability of use, and spaces shall not be assigned, allocated or
reserved between uses. Additionally, a notarized and recorded parking agreement shall be
required for shared parking between two or more separate tax parcels under separate
ownership. The onus to arrange such a parking situation to accommodate all required spaces
is on the Applicant.
14. If extended parking as per above were to be located across a busy arterial street such as West
Lewis Street or North 28th Avenue, conditions to ensure safe pedestrian access shall also be
considered. Staff recommended a condition requiring off-site parking not be located across an
arterial street.
15. Public notice of this hearing was sent to property owners within 300 feet of the property and
in the Tri-City Herald on August 20,2021.
16. Applicant wishes to locate an event center at 2799 West Lewis Street.
17. The site is on a 1.61 acre(69,994.32 square-foot)parcel.
18. The site is zoned C-1 (Retail Business).
19. The site is at the corner of West Lewis Street,North 28th Avenue, and West Irving Street.
20. Both West Lewis Street and North 28th Avenue are arterial streets with heavy traffic
volumes.
21. A Ben-Franklin Transit (BFT) bus stop is located approximately 250 feet to the east along
West Lewis Street.
22. The site was annexed into the City in 1962.
23. The site was zoned C-1 in 1962.
24. A Special Permit was obtained for a bowling alley in 1975.
25. The facility has operated as a bowling alley to date.
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26. Applicant intends to continue the bowling alley use along with a lounge, restaurant, and the
proposed event center use.
27. "Dance hall" means an enclosed space where public dances are held and where alcohol
and/or food may be sold"per PMC 25.15.060 D definitions.
28. "Event Centers"can be classified with"dance halls and night clubs."
29. "Dance halls and night clubs," require review via the Special Permit process in the C-1
Zoning District per PMC 25.85.040(6).
30. A total of 147 (146.21) parking spaces are required for all on-site uses per PMC
25.185.170(3).
31. Current on-site parking is approximately 79 spaces.
32. The site is 68 parking spaces under the required number.
33. According to PMC 25.185.070(3), owners of two or more uses, structures, or parcels of land
within 300 feet of each other may share the same parking or loading area when the hours of
operation do not overlap.
34. As per PMC 25.185.070(3), whenever shared parking is allowed under this section, the
parking lot shall be signed so as to reasonably notify the public of the availability of use,and
spaces shall not be assigned,allocated or reserved between uses.
35. As per PMC 25.185.070(3), a notarized and recorded parking agreement shall be required for
shared parking between two or more separate tax parcels under separate ownership.
36. An open record public hearing was held on September 8, 2021 via Zoom videoconferencing.
37. The Applicant did not appear at the hearing. The Applicant was given notice of the date,
time, and manner of the hearing.
38. No member of the public testified at the hearing.
39. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
40. 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. Will the proposed use be in accordance with the goals, policies, objectives and text of the
Comprehensive Plan?
1.1 The Comprehensive Plan indicates the site is primarily intended for Commercial
uses. 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-B calls for the City to "enhance the physical
appearance of development within the community through land use regulations,
design guidelines, and performance and maintenance standards including
landscaping, screening, building facades, color, signs, and parking lot design and
appearance."Land Use Policy LU-6-C similarly directs the City to ensure"attractive
hubs for activity by maintaining and applying design standards and guidelines that
will enhance the built environment of each community." Economic Development
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Policy ED-2-B counsels the city to "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."
2. Will the proposed use adversely affect public infrastructure?
2.1 The proposed facility is located near two major arterial streets that are capable of
handling significant traffic. The building is served by both City water and sewer
services.
3. Will the proposed use be constructed, maintained, and operated to be in harmony with
existing or intended character of the general vicinity?
3.1 The proposed interior remodel will be required to meet PMC commercial building
code standards. Surrounding properties are already fully developed.
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?
4.1 The current structure and all surrounding properties are fully developed with
commercial uses.
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?
5.1 The proposed use will create significant increased traffic and noise.
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?
6.1 Adverse impacts are unlikely assuming operations are actively managed and
monitored. The proposed use should be reviewed annually for nuisance/safety issues.
7. As conditioned, the use is consistent with the Pasco Municipal Code and the Pasco
Comprehensive Plan.
8. 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, the Hearing Examiner APPROVES
Application SP 2021-013, subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The Special Permit shall apply to Parcel 119462084.
2. The applicant shall obtain approval from the applicable City development review process.
3. Adequate parking shall be acquired as per PMC 25.185.170.
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4. No use on the property shall take place until all 147 required parking spaces are identified
and comply with the requirements of this decision.
5. Any extended parking shall not be located across an arterial street.
6. The grounds of the proposed Event Center shall be screened as per PMC 25.180.040, and
subsequently maintained in a professional manner at all times.
7. Code compliant accessibility and egress shall be maintained at all times.
8. Code compliant fire sprinkler and fire alarm systems shall be provided and maintained in
accordance with NFPA 25 requirements.
9. Applicant shall maintain all necessary Washington State licenses.
10. The Special Permit shall be null and void if a City of Pasco building permit is not issued
within two calendar years of City Special Permit approval.
11. The Event Center shall be administratively reviewed annually for noise, nuisance, and safety
concerns.
12. The Special Permit shall be null and void if the above conditions are not met.
Dated this 9th day of September, 2021.
CITY 'PASCO HEARING EXAMINER
drew 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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