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HomeMy WebLinkAboutHE Determination SP 2022-018 MWM Auto Body Shop CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND CONDITIONS SP 2022-018 ) OF APPROVAL MWM Custom Automotive ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on December 14, 2022, 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 1. PROPERTY DESCRIPTION: 1.1 Lots 17 to 20,Block 7 Riverside Addition,Pasco,Washington(Parcel 112292074). 1.2 General Location: 1320 West A Street. 1.3 Property Size: .44 acres(19,319.43 square feet) 1.4 Request: Special Permit: Locate an Auto Body Paint and Repair Shop facility in a C- 3 (General Commercial)Zoning District. 2. ACCESS: The site has access from East A Street and South 13"'Lane. 3. UTILITIES: The site is served by sewer and water service located in South 1P Lane. 4. LAND USE AND ZONING: The property is currently zoned C-3 (General Commercial) and is developed with a commercial structure. Surrounding properties zoned and developed as follows: North C-3 Vacant(BNSF Railroad Property) East R-2 SFDUs South C-3 Commercial (Auto Repair) West I-1 Commercial (Contractor) 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is primarily intended for Medium-Density Residential 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." 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 SP 2022-18 MWM Custom Automotive Page 1 of 4 Determination of Non-Significance(DNS)was issued for this project on 10 November 2022, under WAC 197-11-158. 7. PROPOSAL: The Applicant, Matthew W. Martin on behalf of MWM Custom Automotive, has submitted a special permit application (SP 2022-018) to utilize a portion of an existing 9,810 square-foot building located on 0.44 acres for an Auto body paint and repair facility at 1320 West A Street(Parcel 112292074)in Pasco,WA. 8. PROPERTY DESCRIPTION: The proposed Auto body paint and repair use would be located at 1320 West A Street, in a general commercial area. The site contains a single 9,810- square-foot structure built in 1978. 9. HISTORY: The site was added to the City of Pasco in 1889 as part of the Riverside Addition to Pasco. The site was assigned R-2 zoning in 1938 as part of the City's original Zoning ordinance (Ordinance 435), and subsequently rezoned from R-2 to M-1 (Manufacturing) in 1963 (Ordinance 1122); the M-1 (Manufacturing) zone was reclassified to I-1 in 1965 (Ordinance 1203). The site was rezoned from I-1 to C-3 in 1984 (Ordinance 2526), and has remained C-3 since. 10. As per PMC 25.100.040(2) Auto body shops may be permitted in the C-3 district upon approval of a special permit as provided for in Chapter 25.200 PMC. Auto Body uses are regulated by PMC 25.165.200(1) as follows: "Any building to be used as an auto body shop, as defined in PMC 25.15.030, shall have a spray paint room or spray paint booth which complies with the requirements of the International Fire Code and/or International Building Code." While since 1963 the property has been successively zoned M-1 (Manufacturing), I-1 (Industrial), and now C-3 (General Commercial), the Comprehensive Plan designation for the area shifted away from Industrial (1980) to mixed residential (1995). However, the nature of the area as heavy commercial uses along 13th Lane adjacent SFDUs to the east on 13th Avenue has not changed significantly in the interim. 11. As per PMC 25.165.200(1) Auto Body uses require an IFC/IBC-approved spray paint room/booth. 12. Public notice of this hearing was sent to property owners within 300 feet of the property and the Tri-City Herald on November 28, 2022. 13. An open record public hearing after due legal notice was held December 14, 2022, with the staff and the public appearing in person, and the Hearing Examiner appearing via Zoom videoconference. 17. Appearing and testifying for the Applicant was Matthew W.Martin.Mr. Martin stated he was the Applicant and property owner. He stated he was in agreement with the representations set forth in the staff report and with the proposed Conditions of Approval. Mr. Martin clarified that he will only be leasing the west side of the property,approximately 3,400 sq.ft. 18. No members of the public testified at the hearing. 19. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 20. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. SP 2022-18 MWM Custom Automotive Page 2 of 4 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 This special permit is not in conformance with the Comprehensive Plan. The Comprehensive Plan indicates the site is primarily intended for Medium-Density Residential uses.The property has been successively rezoned since 1963 from M-1 (Manufacturing),I-1 (Industrial),to its current C-3 (General Commercial).The existing structure was built in 1978,replacing a smaller commercial structure built on or before 1965.The Land Use designation for the area was changed 17 years after the structure was built from Industrial to mixed residential in the 1995 revision of the Comprehensive Plan.The heavy commercial nature of the area has not changed significantly in the interim. 2. Will the proposed use adversely affect public infrastructure? 2.1 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 use would occur in an existing structure; a paint booth would be added. The paint booth would be required to comply with IFC/IBC regulations, as per PMC 25.165.200(1). Any construction activities would be subject to City of Pasco Building regulations. The Comprehensive Plan indicates the site is primarily intended for Medium-Density Residential uses. 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 use would occur in an existing structure; a paint booth would be added. Any construction activities would be subject to City of Pasco Building regulations. The Comprehensive Plan indicates the site is primarily intended for Medium-Density Residential uses. Surrounding sites are already developed. 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 Auto body paint and repair may create more noise, fumes, vibrations, dust, traffic, and/or flashing lights as permitted uses within the district. The Special Permit review process and Pasco Municipal Code (PMC) 25.165.200 allow the city to impose mitigating conditions on the proposed use. 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 The proposed Auto body paint and repair use has the potential to endanger the public health or safety somewhat more than permitted uses within the district if conducted contrary to applicable regulations. The Special Permit review process allows the city to impose mitigating conditions on the proposed use. 7. As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal Code. SP 2022-18 MWM Custom Automotive Page 3 of 4 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 2022-18 subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL All conditions imposed by this decision shall be binding on the applicant,which includes the owner or owners of the properties,heirs, assigns, and successors 1. The special permit shall apply to Parcel 112292074. 2. The applicant shall obtain approval from the applicable City development review process for any structural alterations or site improvement activities. 3. Applicant shall install and maintain an IFC/IBC-approved spray paint room or spray paint booth and related equipment, as required by federal,state, and local regulating agencies. 4. All open paint and chemical containers, products, byproducts, and fumes, shall be fully contained in the approved paint booth at all times. 5. The facility shall comply with all applicable federal,state,and local regulations. 6. Applicant shall obtain/maintain all necessary federal, state, and local licenses. 7. Landscaping shall be installed as per PMC 25.180 and maintained in a professional manner at all times. 8. Code compliant accessibility and egress shall be maintained at all times. 9. The special permit shall be null and void if the above conditions are not met. Dated this 6—day of December,2022. CITY OF P SCO HEARING EXAMINER An L. Kottkam Absent a timely appeal,this Decision is finals ' 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 2022-18 MWM Custom Automotive Page 4 of 4