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HomeMy WebLinkAbout2025.03.12 HE Meeting PacketAGENDA HEARING EXAMINER MEETING City Hall – 525 North Third Avenue Council Chambers WEDNESDAY, MARCH 12, 2025 6:00 PM This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.com/psctvlive. Audio equipment available for the hearing impaired; contact staff for assistance. I. CALL TO ORDER II. PUBLIC HEARINGS • SP2024-018 Advanced Learning Institute Daycare and Preschool • SP2025-001 Mathews Auto Body Shop III. ADJOURNMENT REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Council Chambers Wednesday 14 December 2022 6:00 PM 1 MASTER FILE #: SP 2024-018/Advanced Learning Institute, LLC APPLICANT: Advanced Learning Institute, LLC C/O Marisa Valdez 6033 W 30th Ave Kennewick, WA 99338 REQUEST: SPECIAL PERMIT: Convert 5 rooms in an existing church building to a Day-care Center/Nursery School TIMELINE December 27, 2024 Special Permit Application, SP2024-018 Submitted February 6, 2025 Application Deemed Complete February 20, 2025 NOPH mailed to owners of properties within 300 feet of subject property and emailed to Parties of Record February 23, 2025 NOPH published in Tri-City Herald Newspaper BACKGROUND 1. PROPERTY DESCRIPTION: Legal: BINDING SITE PLAN 2011-05 LOT 5 General Location: 3315 W Court St, Pasco, WA 99301 (Parcel #119271020). Property Size: 4.55 acres (198,286 square feet). 2. ACCESS: The site has access from West Court Street. 3. UTILITIES: The site is served by sewer and water services located in West Agate Street. 4. LAND USE AND ZONING: The property is zoned C-R (Regional Commercial District) and is currently developed with a commercial building occupied by Cornerstone Church Tri-Cities and retail tenants. Surrounding properties are zoned and developed as follows: North: R-S-12; Single-Family/Duplexes East: C-R/C-1/R-2; Vacant land/Retail Business/Single-Family South: C-3; Cannabis retail facility/Mini-storage facility West: C-R/C-1; Retail Business 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Commercial. This designation supports a variety of uses, including Office, Business Park, Retail Business, Central Business, General Business, and Regional Commercial, which may accommodate neighborhood, community, and regional shopping centers, business parks, service providers, and office uses. It is 2 important to note that Day-care Centers and Nursery Schools are considered unclassified uses under PMC 25.200.020(4) and may be permitted in any zoning district where they are not explicitly prohibited. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco has determined this proposal to be exempt under Washington Administrative Code 197-11-800 (6) Land use decisions. (b) Other land use decisions not qualified for exemption under subsection (a) (such as a home occupation or change of use) are exempt provided: (i) The authorized activities will be conducted within an existing building or facility qualifying for exemption under WAC 197-11-800 (1) and (2); and (ii) The activities will not change the character of the building or facility in a way that would remove it from an exempt class. (2) Other minor new construction. (f) Additions or modifications to or replacement of any building or facility exempted by subsections (1) and (2) of this section when such addition, modification or replacement will not change the character of the building or facility in a way that would remove it from an exempt class. BACKGROUND Request The applicant proposes to convert five rooms within an existing church building into a daycare center and preschool at 3315 W Court St (Parcel #119271020) in Pasco, WA. Site The site is currently utilized as a church with retail business district tenants. Under this proposal, five rooms within the church will be converted into a daycare center and preschool. History The site was annexed into the City of Pasco in 1979 through Ordinance No. 2066 and was initially zoned C-1 through that same Ordinance. In 2003, the zoning classification was changed from C-1 to C-R through an approved rezone (Ordinance no. 3620), which remains in effect today. A special permit for the church use was granted in 2013 under Resolution No. 3473. STAFF FINDINGS OF FACT 1. The applicant proposes to utilize five rooms within an existing church building for a daycare center and preschool within the C-R zoning district. 2. According to PMC 25.200.010 Unclassified uses may be permitted within any district where not otherwise prohibited. 3. Per PMC 25.200.020 Unclassified uses (4) Community service facilities, levels one and two, as defined in PMC 25.15.050. 4. As defined in PMC 25.15.050 “Community service facilities” of the level one category include, but are not limited to, day-care centers, nursery schools, hospitals, sanitariums, nonprofit community health clinics, governmental and quasi-governmental activities, and related uses which provide similar services 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 from this definition. 5. Per PMC 25.10.025 Cannabis retail facilities (2) a cannabis retail facility may not be located within 1,000 feet of the perimeter of the grounds of any of the following entities/uses: (d) childcare center. 6. On March 19, 2024, an interior tenant improvement project was completed under Building Permit #B23- 2658, approving a change of use to a cannabis retail facility at 3221 W Court St. 3 7. Per WAC 314-55-010 (36) "Perimeter" means a property line that encloses an area. 8. The property lines between 3315 W Court St and 3221 W Court St are separated by approximately 24 feet. 9. The rezone from 2003 (Ordinance no. 3620) was approved with a concomitant zoning agreement however the proposed use was not listed as prohibited. 10. The structure was built in 1980. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT 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: (1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; The Comprehensive Plan designates this site as Commercial. This designation supports a variety of uses, including Office, Business Park, Retail Business, Central Business, General Business, and Regional Commercial, which may accommodate neighborhood, community, and regional shopping centers, business parks, service providers, and office uses. It is important to note that Day-care Centers and Nursery Schools are considered unclassified uses under PMC 25.200.020(4) and may be permitted in any zoning district where they are not explicitly prohibited. However, per PMC 25.10.025, approving the proposed use would create a nonconformity due to the presence of a cannabis retail facility within 1,000 feet. Goals and Policies ED-1. Goal: MAINTAIN ECONOMIC DEVELOPMENT AS AN IMPORTANT AND ONGOING CITY INITIATIVE. ED-1-A Policy: Promote an environment which supports the development and expansion of business opportunities. (2) The proposal will adversely affect public infrastructure; 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. (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; The surrounding area consists of a mix of residential and commercial uses. Converting five rooms within an existing church building into a daycare center and preschool will align with the established character of the vicinity. The proposed use is anticipated to be compatible with and function harmoniously within the existing neighborhood. (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; The proposed use will be located within an existing building and tenant space that has historically functioned as a church. Converting the space into a daycare center and preschool is unlikely to impede the development of other permitted uses in the area or adversely affect nearby property values, assuming the cannabis retail facility were not present. 4 (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; Operations associated with the proposed daycare center may result in increased noise and a slight uptick in traffic compared to the church’s current use. However, the district's permitted uses generally produce higher levels of noise and traffic. Considering that a special permit was previously granted for the church, the proposed daycare is not expected to be more disruptive to nearby properties than other allowed uses in the district, assuming the cannabis retail facility were not present. (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. The proposal is unlikely to pose a risk to public health or safety due to the state and local childcare regulations in place. In fact, it will be safeguarded with mitigating measures to ensure compliance and protect the well-being of employees and children, assuming the cannabis retail facility were not present. RECOMMENDATION Based on the Findings of Fact and Conclusions herein, staff recommends denying the requested special permit for a daycare center due to the presence of a cannabis retail facility within the 1,000- foot perimeter for the proposed location at 3315 W Court St (Parcel #119271020). 395 395 Ro a d 4 0 N 26Th Ave Ro a d 4 4 Ella C t Ja y C t Ro a d 3 5 W Octave St W Marie St W Brown St W Ruby St Ro a d 4 2 W Brown Pl Road 37 N 2 6 T h A v e N 4 1 S t P l 37Th Ct Road 35 N 2 5 T h C t N 2 4 T h A v e N 2 5 T h P l Wade Ct W Leola StRo a d 3 9 Ro a d 3 4 N 37Th P l N 28Th Ave W Octave St W Margaret St Ro a d 3 4 W Henry St W Opal St Ro a d 3 8 Ro a d 3 0 W Ruby St W Marie St Ro a d 3 8 Ro a d 3 7 R o a d 42 W Henry St N 2 4 T h A v e N 28Th Ave W Park St Road 41 Sea b r o o k Ct W Park St W Agate St W Henry Pl A utoplexW a y W Brown St Morehouse Pl W A g ate St W R u b y St W Opal Pl Marie Ct W WernettRd W Jay St W Margaret St W Brown St W Ruby St Road 32 W Agate St Ro a d 3 3 W Pearl St W Opal St W Pearl St W Park St W Ruby St W Margaret St Wilcox Dr W Ella St W Agate St W Ella St W Opal St W Jay St Ro a d 3 5 W Opal St W Leola St W Marie St W Octave St W Margaret St Ro a d 3 2 W Octave St W Marie St N 2 3 R d A v e R O A D 3 6 W COURT ST Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 250 500 750 1,000130 Feet Overview Map SITE Item: Advanced Learning Institute, LLC Daycare and Preschool Applicant(s): Marisa Valdez File #: SP 2024-018 ± 395 395 395 W Marie St W Ruby St W Agate St Ro a d 3 4 W Opal St Ro a d 3 8 Ro a d 3 9 37Th Ct N28Th Ave N 28ThAve Ro a d 3 0 Ro a d 3 8 Ro a d 4 0 N 37Th Pl W Octave St W Opal St Road 32 Ro a d 3 7 W Agate St W Brown St Autoplex Way W Brown St Morehouse Pl W A gate St W Ruby St W Octave St W Marie St W Opal Pl Ro a d 3 3 Ro a d 3 4 Ro a d 3 5 W Ruby St W Agate St W Pearl St Wilcox Dr W Opal St W Leola St W Octave St W Marie St R O A D 3 6 W COURT ST Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 250 500 750 1,000130 Feet Vicinity Map SITE Item: Advanced Learning Institute, LLC Daycare and Preschool Applicant(s): Marisa Valdez File #: SP 2024-018 ± 395 395 395 W Marie St W Ruby St W Agate St Ro a d 3 4 W Opal St Ro a d 3 8 Ro a d 39 37Th Ct N28Th Ave N 28ThAve Ro a d 3 0 Ro a d 3 8 Ro a d 4 0 N 37Th Pl W Octave St W Opal St Road 32 Ro a d 3 7 W Agate St W Brown St Autoplex Way W Brown St Morehouse Pl W A gate St W Ruby St W Octave St W Marie St W Opal Pl Ro a d 3 3 Ro a d 3 4 Ro a d 3 5 W Ruby St W Agate St W Pearl St Wilcox Dr W Opal St W Leola St W Octave St W Marie St R O A D 3 6 W COURT ST Medium Density Residential Low Density Residential Commercial Public Quasi-Public Low Density Residential Low Density Residential Commercial Low Density Residential High Density Residential Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 250 500 750 1,000130 Feet Comp Plan Map SITE Item: Advanced Learning Institute, LLC Daycare and Preschool Applicant(s): Marisa Valdez File #: SP 2024-018 ± C-1, Retail Business District R-2, Medium-Density Residential District C-3, General Business District R-S-12, Residential Suburban District C-1, Retail Business District C-1, Retail Business District R-S-12, Residential Suburban District R-2, Medium-Density Residential District R-S-1, Low-Density Suburban Residential District C-3, General Business District BP, Business Park District R-S-1, Low-Density Suburban Residential District R-3, Medium-Density Residential District C-3, General Business District R-S-12, Residential Suburban District R-1, Low-Density Residential District C-R, Regional Commercial District R-S-12, Residential Suburban District C-1, Retail Business District R-1, Low-Density Residential District 395 395 395 W Marie St W Ruby St W Agate St Ro a d 3 4 W Opal St Ro a d 3 8 Ro a d 3 9 37Th Ct N28Th Ave N 28ThAve Ro a d 3 0 Ro a d 3 8 Ro a d 4 0 N 37Th Pl W Octave St W Opal St Road 32 Ro a d 3 7 W Agate St W Brown St Autoplex Way W Brown St Morehouse Pl W A gate St W Ruby St W Octave St W Marie St W Opal Pl Ro a d 3 3 Ro a d 3 4 Ro a d 3 5 W Ruby St W Agate St W Pearl St Wilcox Dr W Opal St W Leola St W Octave St W Marie St R O A D 3 6 W COURT ST Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 250 500 750 1,000130 Feet Zoning Map SITE Item: Advanced Learning Institute, LLC Daycare and Preschool Applicant(s): Marisa Valdez File #: SP 2024-018 ± SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUsSFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - Institutional Residential - Institutional Residential Other Residential Other Residential Other Lumber and Wood 34 - Commercial - Fabricated Metal Products Auto Parking Auto Parking Auto Parking Auto Parking Wholesale Wholesale Retail Trade Trade Trade Trade Trade 55 - Trade - Auto 55 - Trade - Auto 55 - Trade - Auto 55 - Trade - Auto Eating & Drinking Eating & Drinking Eating & Drinking Trade Trade Trade Professional Professional Professional Professional Services Services Professional ProfessionalProfessional Governmental Governmental Educational Educational 69 - Services - Misc 69 - Services - Misc 69 - Services - Misc 69 - Services - Misc Public assembly Public assembly Public assembly Public assembly Public assembly Undeveloped Undeveloped Undeveloped Undeveloped Undeveloped UndevelopedUndeveloped Undeveloped Undeveloped Undeveloped Undeveloped Undeveloped Undeveloped 395 395 395 W Marie St W Ruby St W Agate St Ro a d 3 4 W Opal St Ro a d 3 8 Ro a d 3 9 37Th Ct N28Th Ave N 2 8 T h A v e Ro a d 3 0 Ro a d 3 8 Ro a d 4 0 N 37Th Pl W Octave St W Opal St Road 32 Ro a d 3 7 W Agate St W Brown St Autoplex Way W Brown St Morehouse Pl W A gate St W Ruby St W Octave St W Marie St W Opal Pl Ro a d 3 3 Ro a d 3 4 Ro a d 3 5 W Ruby St W Agate St W Pearl St Wilcox Dr W Opal St W Leola St W Octave St W Marie St R O A D 3 6 W COURT ST Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 250 500 750 1,000130 Feet Land Use Map SITE Item: Advanced Learning Institute, LLC Daycare and Preschool Applicant(s): Marisa Valdez File #: SP 2024-018 ± THANK YOU for your legal submission! Your legal has been submitted for publication. Below is a conrmation of your legal placement. You will also receive an email conrmation. ORDER DETAILS Order Number: IPL0218780  Order Status: Submitted  Classication: Legals & Public Notices  Package: TRI - Legal Ads  Site: tricity  Final Cost: $353.75  Referral Code: NOPH  Payment Type: Account Billed   User ID: IPL0018633  ACCOUNT INFORMATION Debra Barham 525 North Third Ave. Pasco, WA 99301 509-544-3096  cityclerk@pasco-wa.gov City of Pasco TRANSACTION REPORT Date February 20, 2025 2:44:41 PM EST  Amount: $353.75   SCHEDULE FOR AD NUMBER IPL02187800 February 23, 2025 Tri-City Herald Print Publication << Click here to print a printer friendly version >> PREVIEW FOR AD NUMBER IPL02187800 3.22inches x 5.71inches 2/20/25, 1:45 PM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=207580&returnto=1/1 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 14026 638529 Print Legal Ad-IPL02187800 - IPL0218780 NOPH $330.61 2 57 L Debra BarhamAttention: CITY OF PASCO/LEGALS PO BOX 293 PASCO, WA 99301 barhamd@pasco-wa.gov, accountspayable@pasco-wa.gov COUNTY OF BENTON) SS STATE OF WASHINGTON) Mary Castro, being duly sworn, deposes and says, I am the Legals Clerk of The Tri-City Herald, a daily newspaper. That said newspaper is a local newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publications hereinafter referred to, published continually as a daily newspaper in Benton County, Washington. That the attached is a true copy as it was printed in the regular and entire issue of the Tri- City Herald and not in a supplement thereof, ran 1 time (s) commencing on 02/23/2025, and ending on 02/23/2025 and that said newspaper was regularly distributed to its subscribers during all of this period. 1 insertion(s) published on: 02/23/25 (Signature of Legals Clerk) Sworn to and subscribed before me this 24th day of February in the year of 2025 Notary Public in and for the state of South Carolina, residing in Beaufort County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. A Public Hearing with the Hearing Examiner will be held on March 12, 2025, at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco Washington. The Hearing Examiner will consider public testimony concerning the following applications at this hearing: Proposal: Ryan Mathews, of Mathews Auto Body, has submitted a Special Permit Application (SP 2025- 001) to convert an existing auto repair shop within an existing building into an auto body shop. The proposed location is 3203 W Marie St (Parcel #119370315), Pasco, WA 99301.The proposal is subject to regulations contained in the Pasco Municipal Code. Proposal: Marisa Valdez, of Advanced Learning Institute, LLC, has submitted a Special Permit Application (SP 2024-018) to convert five rooms within an existing building into a daycare and preschool center. The proposed location is 3315 W Court St (Parcel #119271020), Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on March 12, 2025, to be included in the written record. If you have questions on the proposal, contact the Planning Division at (509) 544-4146 or via e-mail to: barragani@pasco- wa.gov. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Preliminary Plat within ten (10) working days of the public hearing. Prepared February 20, 2025 by: Ivan Barragan, Planner II, PO Box 293 Pasco, WA 99301 (509) 545-3441 The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Affidavit of Mailing In regards to MF# SP2024 -018 I, Carmen Patrick, hereby confirm that notification was sent by mail February 20 , 2025 to the owners of the parcels within 300 feet of the proposed site . The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification . Given under my hand and official si nature this 20 th day , February of 2025. ,J0vWAe10 Representative 's Signature Communi ty Development Department PO Box 293, 525 N 3 'A,e, Pasco, WA 99301 P 509 545 3441 / F 509 545.3499 CITY OF PASCO NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor Ila me al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. A Public Hearing with the Hearing Examiner will be held on March 12, 2025, at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco Washington. The Hearing Examiner will consider public testimony concerning the following applications at this hearing : Proposal: Ryan Mathews, of Mathews Auto Body, has submitted a Special Permit Application (SP 2025- 001) to convert an existing auto repair shop within an existing building into an auto body shop, The proposed location is 3203 W Marie St (Parcel #119370315), Pasco, WA 99301.The proposal is subject to regulations contained in the Pasco Municipal Code. Proposal: Marisa Valdez, of Advanced Learning Institute, LLC , has submitted a Special Permit Application {SP 2024-018) to convert five rooms within an existing building into a daycare and preschool center . The proposed location is 3315 W Court St (Parcel #119271020), Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on March 12, 2025, to be included in the written record. If you have questions on the proposal, contact the Planning Division at (509) 544-4146 or via e-mail to : barragani@pasco - wa.gov . If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco -wa.gov/pub I iccom ment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Preliminary Plat within ten (10) working days of the public hearing . Prepared February 20. 2025 by : Ivan Barragan , Planner II, PO Box 293 Pasco , WA 99301 (509) 545 -3441 The City of Pasco we lcom es full parti ci pation in publi c meet ings by all citi ze ns. No qualified individual with a dis ab ility sha ll be exclud ed or denied th e benefit of participating in su ch meetings . If you wish to use au xiliary a ids or requ ire assistance to comm ent at this publi c mee tin g, pleas e co nta ct th e Community De velopment Department at (509 ) 545-3441 or TDD (509) 585-4425 at least ten days pr ior to th e date of th e mee tin g to mak e arran gements for sp ecia l needs . AME ADDRESS IDI LLC 3007 RUCKER AVE# 145 IORLD LIFE CHRISTIAN CENTE l 4732 SEDONA CT 'S INVESTMENT GROUP LLC 27216 SE 416TH ST ASCADE NATURAL GAS CORP PO BOX 5650 LFONSO & MARGARITA ESCAM 5805 W SYLVESTER ST )MAN R LYLE 1306 S VANCOUVER ST ICHOLAS P CAMERON 4804 MARIOLA LN ENAE SALTZ PO BOX 158 )SEC (ETAL) ANAYA 10834 TUXFORD PL HOMAS A RUS 8606 W RICHARDSON RD ATTHEW L & LISA M BEATON 9816 W COURT ST ERNIECE LILLIAN KROLL (ETAL 1620 N ROAD 32 HARLES R ST ACK 4204 S OLSON ST ENEVIEVE GREELEY 1841 THRALL RD ICHAEL I & TONYA C CYPHERT 3320 W OPAL ST LENN & DARLENE VANDERPOC 4403 S KENT ST ,RAEL & OLIVIA MONTALVO 3304 W OPAL ST SANTOS GARCIA 3305 W AGATE ST \IME A & CLAUDIA E MARROQL PO BOX 1102 JCY RACHEL & ANDRES G RAl'v 3321 W AGATE ST ETER & LAURA LEMIEUX 3420 W PEARL ST OODWILL INDUSTRIES OF THE815 N KELLOGG ST STE A ANIEL PAUL HATCH 7005 CHRISTINA CT MERCO REAL ESTATE COMPAt PO BOX 29046 & R SHEL TON LLC 3408 W COURT ST S POST AL SERVICE 3500 W COURT ST CITY EVERETT PASCO ENUMCLAW BISMARK PASCO KENNEWICK PASCO RICHLAND SUN VALLEY PASCO PASCO PASCO KENNEWICK ELLENSBURG PASCO KENNEWICK PASCO PASCO PASCO PASCO PASCO KENNEWICK PASCO PHOENIX PASCO PASCO STATE ZIP WA 98201 WA 99301 WA 98022 ND 58506 WA 99301 WA 99337 WA 99301 WA 99352 CA 91352 WA 99301 WA 99301 WA 99301 WA 99337 WA 98926 WA 99301 WA 99337 WA 99301 WA 99301 WA 99301 WA 99301 WA 99301 WA 99336 WA 99301 AZ 85038 WA 99301 WA 99301 Community & Economic Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 CITY OF PASCO NOTICE OF COMPLETE APPLICATION MASTER FILE #: SP2024-018 APPLICANT: Advanced Learning Institute, LLC c/o Marisa Valdez 6033 W 30th Ave Kennewick, WA 99338 PROPOSAL: Special Permit: 3315 W Court St (Parcel #119271020) It has been determined that your application for a special permit is complete for processing and will now begin to be processed by the City of Pasco. These materials will be dispersed to all interested parties of record. The hearing examiner shall render a written decision within 10 working days of the conclusion of the hearing. Questions can be addressed to the Pasco Community & Economic Development Department at (509) 544-4146 or to barragani@pasco-wa.gov referencing the file # above. Date Issued: 02/06/2025___ Signature: _Ivan Barragan__________________ Title: Planner II_________________________ REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Council Chambers Wednesday 14 December 2022 6:00 PM 1 MASTER FILE #: SP 2025-001/Mathews Auto Body Shop APPLICANT: Mathews Auto Body C/O Ryan Mathews 614 W Columbia Dr Kennewick, WA 99336 REQUEST: SPECIAL PERMIT: Convert existing Auto Repair Shop into an Auto Body Shop TIMELINE January 29, 2025 Special Permit Application, SP2025-001 Submitted February 6, 2025 Application Deemed Complete February 20, 2025 NOPH mailed to owners of properties within 300 feet of subject property and emailed to Parties of Record February 23, 2025 NOPH published in Tri-City Herald Newspaper BACKGROUND 1. PROPERTY DESCRIPTION: Legal: AUTO PARK TRACTS 2,3 & 4 TOG W/PTN NWNENW 25-9-29 DAF: COMM AT NW COR SD SEC; TH N88D54'E ALG CTRLN COURT ST & N LN SD SEC, 1293.36'; TH S00D04'E, 159.05' TO TPOB; TH CONT ALG SD BEAR, 170.94'; TH N88D 54'E, 60'; TH N00D04'W, 100'; TH N88D54'E, 93.55'; TH NWLY ON CUR TO RT W/RAD OF 151', LENGTH OF 113.12' & DELTA ANG OF 42D55'; TH CONT ALG SD CUR TO RT, 39.04' W/DELTA ANG 14D48', RAD OF 151' TO PT ON SD CUR; TH S89D55'W, 24.69' TO POB. EXC PTN TRACT 4 DEEDED TO USA UNDER AUD #386587. General Location: 3203 W Marie St, Pasco, WA 99301 (Parcel #119370315). Property Size: 3.18 acres (138,478 square feet). 2. ACCESS: The site has access from Autoplex Way and West Marie Street. 3. UTILITIES: The site is served by sewer and water service located in Autoplex Way and West Marie Street. 4. LAND USE AND ZONING: The property is zoned C-3 (General Business District) and is currently developed with a commercial building occupied by Northwest Motor Group. Surrounding properties are zoned and developed as follows: North: C-3; Office/Mini-storage facility East: C-3; Automobile sales and service South: C-3; Automobile sales and service 2 West: C-3; Automobile sales and service/Retail Business 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Commercial. The Commercial land use allows for Office, Business Park, Retail Business, Central Business, General Business, and Regional Commercial which may be developed with neighborhood, community and regional shopping and specialty centers, business parks, service and office uses. Please note that the proposed auto body shop is classified as a conditional use permitted within the C-3 zoning district. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco has determined this proposal to be exempt under Washington Administrative Code 197-11-800 (6) Land use decisions. (b) Other land use decisions not qualified for exemption under subsection (a) (such as a home occupation or change of use) are exempt provided: (i) The authorized activities will be conducted within an existing building or facility qualifying for exemption under WAC 197-11-800 (1) and (2); and (ii) The activities will not change the character of the building or facility in a way that would remove it from an exempt class. (2) Other minor new construction. (f) Additions or modifications to or replacement of any building or facility exempted by subsections (1) and (2) of this section when such addition, modification or replacement will not change the character of the building or facility in a way that would remove it from an exempt class. BACKGROUND Request The applicant intends to repurpose an existing 8,260 square-foot service repair garage into an auto body shop facility at 3203 W Marie St (Parcel #119370315) in Pasco, WA. Site The site is currently used as auto sales and service. With this proposal the service area will turn into an auto body shop and a paint booth will be added within said area. History The site was annexed into the City of Pasco in 1973 through Ordinance No. 1585, which amended Section 1 of Ordinance No. 1547 from 1972. It was designated as C-3 zoning in 1972 under Ordinance No. 1547, Section 4, and has retained this zoning classification since. STAFF FINDINGS OF FACT 1. The applicant intends to establish an auto body shop within an existing building in the C-3 zoning district. 2. According to PMC 25.100.040 (2), auto body shops are a permitted conditional use in the C-3 General Business District. 3. Per PMC 25.165.200 (1), any building used as an auto body shop, as defined in PMC 25.15.030, must include a spray paint room or booth that complies with the International Fire Code and International Building Code requirements. 4. As defined in PMC 25.15.030, an "auto body shop" is a building or portion of a building used for the improvement and restoration of automobiles and other motor vehicles, including sanding, priming, painting, straightening, and similar repair work. 5. A building permit will be required to ensure compliance with PMC 25.165.200(1). 6. The site meets the necessary qualifications to apply for a conditional use permit in accordance with zoning requirements. 7. The site contains an approximately 11,740 sq. ft. building currently used for automobile sales. 3 8. Attached to the automobile sales building is an 8,260 sq. ft. service repair garage, which is intended for use as the auto body shop. 9. The structure was built in 1986. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT 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: (1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; The Comprehensive Plan designates this site as Commercial. The Commercial land use allows for Office, Business Park, Retail Business, Central Business, General Business, and Regional Commercial which may be developed with neighborhood, community and regional shopping and specialty centers, business parks, service and office uses. Please note that the proposed auto body shop is classified as a conditional use permitted within the C-3 zoning district. Goals and Policies ED-1. Goal: MAINTAIN ECONOMIC DEVELOPMENT AS AN IMPORTANT AND ONGOING CITY INITIATIVE. ED-1-A Policy: Promote an environment which supports the development and expansion of business opportunities. (2) The proposal will adversely affect public infrastructure; 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. (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; The properties in the surrounding area are primarily focused on automobile sales and service. The change of use from a service repair garage to an auto body shop is essentially a like-for-like conversion. The proposed use is expected to be compatible with and operate in harmony with the existing character of the area. (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; The proposed use will be contained within an existing building and tenant space, which has historically been used as a service repair garage. A conversion to an auto body shop is unlikely to hinder the development of other permitted uses in the surrounding area or negatively impact the value of nearby properties. (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; The proposed auto body shop may result in increased noise and fumes; however, the conversion is largely a like-for-like change, with the exception of the addition of the paint booth. This booth will be regulated and mitigated in accordance with the International Fire Code and International Building Code, as previously stated. Noise levels are regulated under Title 9 of the PMC, and this proposal will be required to comply with the relevant provisions of the code. (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. 4 The proposed auto body paint and repair use may pose a slightly higher risk to public health or safety than other permitted uses within the district if not conducted in compliance with applicable regulations. However, the Special Permit review process enables the city to impose mitigating conditions to ensure the proposed use operates safely and in accordance with established standards. PROPOSED APPROVAL CONDITIONS 1. The Special Permit shall apply to Parcel #119370315. 2. The applicant must obtain approval through the applicable City development review process for any structural alterations or site improvements. 3. All open paint and chemical containers, products, byproducts, and fumes must be fully contained within the approved paint booth at all times. 4. The facility must comply with all applicable federal, state, and local regulations. 5. The applicant must obtain and maintain all necessary federal, state, and local licenses. 6. Designated vehicle queuing areas shall be provided on-site to prevent overflow onto public roads. 7. The Special Permit shall be null and void if the above conditions are not met. RECOMMENDATION Staff recommends approval of a Special Permit for an auto body shop facility at 3203 W Marie St (Parcel #119370315) subject to the conditions outlined herein. 395 395 395 W Henry St N 2 6 Th Ave 37Th Ct N 2 5 T h P l N 2 6 T h A v e Road 37 Ro a d 3 4 Ro a d 3 0 Ro a d 3 2 N 37Th Pl W Octave St W Margaret St W Henry St W Opal St Ro a d 3 8 Ro a d 3 7 N 28ThAve W Opal St W Octave St W Marie St W Agate St W Brown St W Marie St Autoplex Way Morehouse Pl W A gate St W Ruby St W Opal Pl W Margaret St Ro a d 3 2 W Brown St W Ruby St W Agate St W Opal St W Margaret StW Margaret St W Octave St W Marie St R O A D 3 6 W COURT ST Geophex Surveys Ltd., Maxar 0 250 500 750 1,000130 Feet Overview Map SITE Item: Mathews Auto Body Shop Applicant(s): Ryan Mathews File #: SP 2025-001 ± 395 395 395 Ro a d 32 Ro a d 3 4 Ro a d 3 0 Road 32 N 28ThAve W Octave St W Ruby St W Agate St W Brown St W Henry St W Octave St W Marie St W Agate St Autoplex Way W Ruby St W Agate St W Octave St W Marie St W COURT ST R O A D 3 6 Geophex Surveys Ltd., Maxar, Microsoft 0 250 500 750 1,000130 Feet Vicinity Map SITE Item: Mathews Auto Body Shop Applicant(s): Ryan Mathews File #: SP 2025-001 ± 395 395 395 Ro a d 32 Ro a d 3 4 Ro a d 3 0 Road 32 N 28ThAve W Octave St W Ruby St W Agate St W Brown St W Henry St W Octave St W Marie St W Agate St Autoplex Way W Ruby St W Agate St W Octave St W Marie St W COURT ST R O A D 3 6 Medium Density Residential Commercial Low Density Residential Low Density Residential Commercial Geophex Surveys Ltd., Maxar, Microsoft 0 250 500 750 1,000130 Feet Comp Plan Map SITE Item: Mathews Auto Body Shop Applicant(s): Ryan Mathews File #: SP 2025-001 ± C-1, Retail Business District C-3, General Business District C-1, Retail Business District C-1, Retail Business District R-2, Medium-Density Residential District BP, Business Park District R-S-1, Low-Density Suburban Residential District C-3, General Business District C-R, Regional Commercial District R-S-12, Residential Suburban District 395 395 395 Ro a d 32 Ro a d 3 4 Ro a d 3 0 Road 32 N 28ThAve W Octave St W Ruby St W Agate St W Brown St W Henry St W Octave St W Marie St W Agate St Autoplex Way W Ruby St W Agate St W Octave St W Marie St W COURT ST R O A D 3 6 Geophex Surveys Ltd., Maxar, Microsoft 0 250 500 750 1,000130 Feet Zoning Map SITE Item: Mathews Auto Body Shop Applicant(s): Ryan Mathews File #: SP 2025-001 ± SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs Residential - 2-4 UnitsResidential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units Residential - 2-4 Units MH Park Residential Other Residential OtherResidential Other Lumber and Wood 34 - Commercial - Fabricated Metal Products Auto Parking Auto Parking Auto Parking Auto Parking Wholesale Wholesale Retail Trade Trade 55 - Trade - Auto 55 - Trade - Auto 55 - Trade - Auto 55 - Trade - Auto 55 - Trade - Auto Eating & Drinking Eating & Drinking Trade Trade Trade ProfessionalProfessional Professional Services Services Professional Governmental Governmental 69 - Services - Misc Public assembly Public assembly Public assembly Undeveloped Undeveloped Undeveloped Undeveloped Undeveloped 395 395 395 Ro a d 32 Ro a d 3 4 Ro a d 3 0 Road 32 N 2 8 T h A v e W Octave St W Ruby St W Agate St W Brown St W Henry St W Octave St W Marie St W Agate St Autoplex Way W Ruby St W Agate St W Octave St W Marie St W COURT ST R O A D 3 6 Geophex Surveys Ltd., Maxar, Microsoft 0 250 500 750 1,000130 Feet Land Use Map SITE Item: Mathews Auto Body Shop Applicant(s): Ryan Mathews File #: SP 2025-001 ± THANK YOU for your legal submission! Your legal has been submitted for publication. Below is a conrmation of your legal placement. You will also receive an email conrmation. ORDER DETAILS Order Number: IPL0218780  Order Status: Submitted  Classication: Legals & Public Notices  Package: TRI - Legal Ads  Site: tricity  Final Cost: $353.75  Referral Code: NOPH  Payment Type: Account Billed   User ID: IPL0018633  ACCOUNT INFORMATION Debra Barham 525 North Third Ave. Pasco, WA 99301 509-544-3096  cityclerk@pasco-wa.gov City of Pasco TRANSACTION REPORT Date February 20, 2025 2:44:41 PM EST  Amount: $353.75   SCHEDULE FOR AD NUMBER IPL02187800 February 23, 2025 Tri-City Herald Print Publication << Click here to print a printer friendly version >> PREVIEW FOR AD NUMBER IPL02187800 3.22inches x 5.71inches 2/20/25, 1:45 PM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=207580&returnto=1/1 Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. A Public Hearing with the Hearing Examiner will be held on March 12, 2025, at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco Washington. The Hearing Examiner will consider public testimony concerning the following applications at this hearing: Proposal: Ryan Mathews, of Mathews Auto Body, has submitted a Special Permit Application (SP 2025- 001) to convert an existing auto repair shop within an existing building into an auto body shop. The proposed location is 3203 W Marie St (Parcel #119370315), Pasco, WA 99301.The proposal is subject to regulations contained in the Pasco Municipal Code. Proposal: Marisa Valdez, of Advanced Learning Institute, LLC, has submitted a Special Permit Application (SP 2024-018) to convert five rooms within an existing building into a daycare and preschool center. The proposed location is 3315 W Court St (Parcel #119271020), Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on March 12, 2025, to be included in the written record. If you have questions on the proposal, contact the Planning Division at (509) 544-4146 or via e-mail to: barragani@pasco- wa.gov. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Preliminary Plat within ten (10) working days of the public hearing. Prepared February 20, 2025 by: Ivan Barragan, Planner II, PO Box 293 Pasco, WA 99301 (509) 545-3441 The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Affidavit of Mailing In regards to MF# SP2025-001 I, Carmen Patrick , hereby confirm that notification was sent by mail February 20 , 2025 to the owners of the parcels within 300 feet of the proposed site . The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification . Representative 's Signature Community Development Department PO Box 193,525 N 3 A\e, Pa,co, WA 99301 P 509.545 3441 / F. 509 545 .3499 CITY OF PASCO NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor Ila me al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. A Public Hearing with the Hearing Examiner will be held on March 12, 2025, at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco Washington. The Hearing Examiner will consider public testimony concerning the following applications at this hearing: Proposal: Ryan Mathews, of Mathews Auto Body, has submitted a Special Permit Application {SP 2025- 001} to convert an existing auto repair shop within an existing building into an auto body shop . The proposed location is 3203 W Marie St {Parcel #119370315}, Pasco, WA 99301.The proposal is subject to regulations contained in the Pasco Municipal Code. Proposal: Marisa Valdez, of Advanced Learning Institute, LLC, has submitted a Special Permit Application {SP 2024-018} to convert five rooms within an existing building into a daycare and preschool center. The proposed location is 3315 W Court St {Parcel #119271020), Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code . Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on March 12, 2025, to be included in the written record. If you have questions on the proposal, contact the Planning Division at (509) 544-4146 or via e-mail to: barragani@pasco - wa .gov . If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www .pasco -wa.gov/pub liccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Preliminary Plat within ten (10) working days of the public hearing. Prepared February 20, 2025 by: Ivan Barragan, Planner II, PO Box 293 Pasco, WA 99301 (509) 545-3441 The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting , please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. 1\/f-\lVlt: ADDRESS CHARLES R ST ACK 4204 S OLSON ST GENEVIEVE GREELEY 1841 THRALL RD CIRCLE K STORES INC PO BOX 52085 MCCURLEY FLEET & COMMERCIJ 1325 N AUTOPLEX WAY TIM CORWIN FAMILY REAL ESTA-1225 N AUTOPLEX WAY JUSTIN R HENNING 3203 W MARIE ST WW GRAINGER INC PO BOX 800729 MCCURLEY SUBARU-MAZDA PRC PO BOX 2698 FREEDOMROADS PROPERTY CO 250 PARKWAY DR STE 270 DANIEL PAUL HATCH 7005 CHRISTINA CT AMERCO REAL ESTATE COMPAN PO BOX 29046 CITY KENNEWICK ELLENSBURG PHOENIX PASCO PASCO PASCO DALLAS PASCO LINCOLNSHIRE PASCO PHOENIX STATE ZIP WA 99337 WA 98926 AZ 85072 WA 99301 WA 99301 WA 99301 TX 75380 WA 99302 IL 60069 WA 99301 AZ 85038 Community & Economic Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 CITY OF PASCO NOTICE OF COMPLETE APPLICATION MASTER FILE #: SP2025-001 APPLICANT: Ryan Mathews 614 W Columbia Dr Kennewick, WA 99336 PROPOSAL: Special Permit: 3203 W Marie St (Parcel #119370315) It has been determined that your application for a special permit is complete for processing and will now begin to be processed by the City of Pasco. These materials will be dispersed to all interested parties of record. The hearing examiner shall render a written decision within 10 working days of the conclusion of the hearing. Questions can be addressed to the Pasco Community & Economic Development Department at (509) 544-4146 or to barragani@pasco-wa.gov referencing the file # above. Date Issued: 02/06/2025___ Signature: _Ivan Barragan__________________ Title: Planner II_________________________