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Home My WebLink AboutHE Determination SP 2022-025 Landram Auto Sales CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND CONDITIONS SP 2022-025 ) OF APPROVAL Landram ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on January 11, 2023, 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 112230194). 1.2 General Location: 1804 W Lewis Street. 1.3 Property Size: 1.10 acres (47,981.56 square feet) 1.4 Request: Special Permit: Locate an Auto Sales facility in a C-1 (Retail Business) Zoning District. 2. ACCESS: The site has access from West Lewis Street and South 18th Avenue. 3. UTILITIES: The site is served by sewer and water service located in South 18`x'Avenue. 4. LAND USE AND ZONING: The property is currently zoned C-1 (Retail Business) and is developed with a commercial structure. Surrounding properties zoned and developed as follows: North C-3 Loyalty Inn/SRO Conversion East C-3 Commercial (Auto Parts) South C-3 Parking Lot(Former RV Sales & Service) West C-1 Commercial 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." 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 2022-025 Landram Page 1 of 4 Determination of Non-Significance (DNS)was issued for this project on December 28, 2022, under WAC 197-11-158. 7. PROPOSAL: The Applicant, Andrew Landram, has submitted a special permit application (SP 2022-025)to utilize an existing 13,000 square-foot building located on 01.10 acres for an Auto Sales facility at 1804 W Lewis Street(Parcel 1 ]2230194) in Pasco,WA. 8. PROPERTY DESCRIPTION: The proposed Auto Sales use would be located at 1804 W Lewis Street, in a general commercial area. The site contains a single 13,000-square-foot structure built in 1963. 9. HISTORY: The site was added to the town of Pasco in 1888 as part of the Riverside Addition to Pasco and annexed into the City of Pasco in 1961. The site was assigned C-1 zoning in 1961 (Ordinance 1028) in conjunction with the 1961 annexation. 10. As per PMC 25.85.040(2)(a)(i) and (ii) retail automobile sales are allowed in the C-1 zoning district, provided the property is located east of Highway 395 and either adjacent to the intersection of two arterial streets, or adjacent to a single arterial street,provided,that it is not adjacent to or across a public street right-of-way from a residential district, and not located closer than 300 feet to any existing car lot. 11. The proposed use is located east of Highway 395, and adjacent to a single arterial street, but not adjacent to or across a public street right-of-way from a residential district, and not located closer than 300 feet to any existing car lot. 12. Will the proposed use adversely affect public infrastructure? 12.1 The building is served by both City water and sewer services. Auto sales would not place a greater burden on public infrastructure than retail commercial uses allowed in the C-1 zoning district. 13. Will the proposed use be constructed,maintained and operated to be in harmony with existing or intended character of the general vicinity? 13.1 The general character of the area is retail commercial. The use would occur in an existing structure and on adjoining grounds. Any construction activities would be subject to City of Pasco Building regulations. The Comprehensive Plan indicates the site is primarily intended for Commercial uses. 14. 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? 14.1 The use would occur in an existing structure and surrounding grounds. Any construction activities would be subject to City of Pasco Building regulations. The Comprehensive Plan indicates the site is primarily intended for Commercial uses. Surrounding sites are already developed or zoned for more intensive uses. 15. 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? 15.1 The proposed Auto Sales would not likely create more noise, fumes, vibrations, dust, traffic, and/or flashing lights than 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. SP 2022-025 Landram Page 2 of 4 16. 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? 16.1 The proposed Auto Sales use would not likely endanger the public health or safety more than permitted uses within the district. The Special Permit review process allows the city to impose mitigating conditions on the proposed use. 17. Public notice of this hearing was sent to property owners within 300 feet of the property and the Tri-City Herald on December 22 and 28, 2022. 18. An open record public hearing after due legal notice was held January 11, 2023, with the staff and the public appearing in person, and the Hearing Examiner appearing via Zoom videoconference. 19. Neither the Applicant, nor an agent of the Applicant, appeared at the hearing. The Applicant was given notice of the date, place and time of the hearing. 20. No members of the public testified at the hearing. 21. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 22. 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 This special permit is in conformance with the Comprehensive Plan.The Comprehensive Plan indicates the site is primarily intended for Commercial uses. The property is zoned C-1 (Retail Business).The existing structure was built in 1963. 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, the Hearing Examiner APPROVES Application SP 2022-025 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 112230194. 2. Landscaping shall be installed as per PMC 25.180 and maintained in a professional manner at all times. SP 2022-025 Landram Page 3 of 4 3. A minimum of one space for each 600 square feet of floor area shall be reserved for customer parking. 4. All required improvements and modifications shall be completed prior to the issuance of a City of Pasco Business License for the car sales activity. 5. Any required building permits shall be obtained within 2 years of Special Permit issuance. 6. The special permit shall be null and void if the above conditions are not met. Dated this�day of January, 2023. CITY F PASCO HEARING EXAMINER //Z Andrew L. Kottkamp Absent a timely appeal, this Decision is finals 1 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 2022-025 Landram Page 4 of 4