HomeMy WebLinkAboutSP 2024-019 Corwin Ford decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
SP 2024-019 ) DECISION AND
Corwin Ford New Auto Dealership ) CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on February
12, 2025, 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. Applicant Shane O'Neill of Clover Planning & Zoning, LLC, submitted Special Permit application
2024-019 to build and operate a new automobile dealership at the intersection of Sandifur Parkway and
Outlet Drive, on parcels 115450021, 115450012, and 1155010156, in Pasco, Washington.
Developments on the property will include a building 50,065 square feet in size, and parking and
landscaping on the remainder.
2. Property Description:
2.1. Le al: Parcel #115450021: COMMENCING AT THE CENTER QUARTER CORNER OF
SECTION 8 BEING A 3.25" BRASS CAP IN MONUMENT WELL; THENCE ALONG THE
NORTH LINE OF THE SOUTHEAST QUARTER, S89°08'40"E 351.48 FEET TO A 3" BRASS
CAP IN MONUMENT WELL AT THE INTERSECTION OF SANDIFUR PARKWAY AND
OUTLET DRIVE; THENCE LEAVING SAID NORTH LINE S48°17'34"W 75.40 FEET TO
THE NORTHEAST CORNER OF LOT 4 BLOCK 2 OF BROADMOOR PARK NO 1 FILED IN
VOLUME D OF PLATS AT PAGE 287 RECORDS OF FRANKLIN COUNTY AUDITOR, ON
THE SOUTH RIGHT OF WAY OF SAID SANDIFUR PARKWAY, THENCE ALONG SAID
SOUTH RIGHT OF WAY S89008'40"E 81.57 FEET, THENCE LEAVING SAID SOUTH
RIGHT OF WAY S00051'20"W 329.05 FEET TO A POINT ON THE SOUTH LINE OF SAID
BLOCK 2 SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING. THENCE
S00051'20"W 98.29 FEET, THENCE N89°08'40"W 401.84 FEET; THENCE S00°11'29"W
19.96 FEET; THENCE N89°08'40"W 438.33 FEET, THENCE NOW I1'29"E 447.29 FEET TO
THE SOUTH RIGHT OF WAY OF SANDIFUR PARKWAY, THENCE ALONG SAID SOUTH
RIGHT OF WAY S89008'40"E 118.30 FEET TO THE NORTHWEST CORNER OF LOT 1,
BLOCK 3 OF SAID PLAT OF BROADMOOR PARK NO. 1; THENCE ALONG THE WEST
LINE OF SAID LOT 1, BLOCK 3 S00°11'42"W 328.95 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 1, BLOCK 3; THENCE ALONG THE SOUTH LINE OF BLOCKS 2
AND 3 OF SAID PLAT OF BROADMOOR PARK NO.1 S89008' 15"E 723.03 FEET TO THE
TRUE POINT OF BEGINNING.
2.2. Parcel # 115450012: BROADMOOR PARK # 1 LOT 1 BLK 3
2.3. Parcel #115501056: LOT 4 BLOCK 2 OF BROADMOOR PARK NO 1 FILED 1N VOLUME D
OF PLATS, AT PAGE 28, RECORDS OF FRANKLIN COUNTY AUDITOR, TOGETHER
WITH THE WEST 81.57 FEET OF LOT 3 BLOCK 2 OF SAID BROADMOOR PARK NO 1
PLAT, AND TOGETHER WITH VACATED ROAD RIGHT OF WAY'S PER ORD. 3159.
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Corwin Ford New Auto Dealership
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2.4. General Location: Subject property is located north of Interstate 182, east of Broadmoor
Boulevard, south of Sandifur Parkway and west of Outlet Drive -a roadway created through
Auditor File Number 1704956.
2.5. Prope . Size: 8.47 acres.
3. Access: The property fronts Sandifur Parkway (a minor arterial road) and Outlet Drive.
4. Utilities: Adequate municipal water and sewer are available on Sandifur Parkway.
5. Land Use And Zoning: The property is zoned C-1 Retail Business District and is currently undeveloped.
Surrounding properties are zoned and developed as follows:
5.1. North: C-1; office building and Mixed -Use; undeveloped land
5.2. East: C-1; undeveloped land
5.3. South: C-1; shopping plaza
5.4. West: C-R; RV sales and service dealership
6. 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.
7. ENVIRONMENTAL DETERMINATION: The City of Pasco (City) is the SEPA lead agency for this
project. Based on SEPA Environmental checklist SEPA2024-065, the adopted City Comprehensive
Plan, City development regulations, and other information, a threshold determination resulting in a
Mitigated Determination of Non -Significance (MDNS) was issued on January 27, 2025, for this project
under WAC 197-11-355.
8. History: The site was annexed into the City of Pasco in 1981 under Ordinance No. 2388 and initially
designated as a Residential Transition district through Resolution No. 1396. In 2003, the site was
rezoned to its current designation, C-1, through Ordinance No. 3628.
9. Several properties to the immediate west of the proposed project site are similar uses: automobile and
RV dealerships. The properties to the North and South are a mix of retail businesses and professional
offices. Residential uses exist to the East of Road 90. As such the proposed use should provide a
reasonable continuation of development patterns.
10. The applicant submitted the following preliminary traffic impact estimates: 93 peak AM trips; 121 peak
PM trips; and 1,392 average daily trips. Due to this anticipated impact, City staff requested that a Tier
2 Traffic Impact Analysis (TIA) be submitted for review as part of this Special Use Permit. The
applicant chose to defer submission of the TIA until the building permit process, after the Hearing's
Examiner review, analysis and determination.
11. The property is located west of Highway 395 and north of Interstate 182.
12. The property is within 1,000 feet of Interstate 182 right of way.
13. The property is within 2,500 feet east of Road 100/13roadmoor Boulevard center line.
14. The property is not within 2,500 feet west of Road 68 center line.
15. The proposed on -site building will exceed 8,000 square feet, with a planned size of 50,065 square feet.
16. The applicant has chosen this location based on the requirement criteria stated in PMC 25.85.040
(2)(b)(i) excluding west of Road 68 center line.
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17. An open record public hearing was held, after legal notice, on February 12, 2025
18. Applicant Shane O'Neill appeared and testified. Mr. O'Neill testified that he agreed with the
representations set forth within the staff report and the proposed Conditions of Approval. Mr. O'Neill
testified that he believed a Tier 2 TIA would be required prior to issuance of a building permit for the
project, and thus, that the proposed use could not proceed without completion of the TIA. Mr. O'Neill
testified that the impetus for deferring the TIA until after the Special Use Permit hearing was to defer
the high cost of a TIA until it was known whether the Special Use Permit would be granted. Mr. O'Neill
accompanied his testimony with an aerial video exhibit depicting what he described as typical traffic
on the roadways surrounding the subject property.
19. Robert Ellsworth, commercial real estate broker based in Kennewick, Washington, appeared and
testified in support of the applicant. Mr. Ellsworth testified that acquisition of the Special Use Permit
is a condition of the purchase of the land for the new auto dealership.
20. No other member of the public testified at the hearing.
21. The entire planning file of record was admitted into the hearing record.
22. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
23. 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. 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. 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. The proposed new auto
dealership is classified as a conditional use permitted within the C-1 zoning district. The proposal will
infill undeveloped land and will be adjacent to a major commercial corridor. There is a proven demand
for auto sales in the subject location, warranting promotion of expansion.
4. The proposal will not adversely affect public infrastructure.
4.1. The applicant's preliminary traffic impact estimates indicate that existing infrastructure can
accommodate current and proposed uses. Moreover, due to the preliminary estimates, a Tier 2 TIA
will be required prior to issuance of a building permit for the proposed new auto dealership, under
the City of Pasco Design and Construction Standards and Specifications for Public Works
Improvements. Under the Design and Construction Standards, the City shall not issue a Certificate
of Occupancy for a commercial property until all mitigation indicated necessary by the TIA is
complete. Applicant's compliance with the anticipated TIA and any resulting mitigation
requirements will provide further assurance that public traffic infrastructure will not be adversely
affected.
4.2. Utilities are available to the site and have been designed and constructed to accommodate current
and proposed uses.
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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 features a diverse mix of land uses,
including commercial, residential, and office developments, as well as undeveloped land. Notable
nearby uses include an office building, a shopping plaza, RV and auto sales establishments, and a
residential neighborhood located further east, separated by a stretch of commercially zoned
undeveloped land.
6. The location and height of proposed structures and the site design will not discourage the
development of permitted uses on property in the general vicinity or impair the value thereof.
The proposed structure will be situated next to an existing two-story RV sales and service dealership.
The new auto dealership will comply with the zoning regulation's maximum height of 35 feet. Although
the zone allows for a greater height with a special permit, no such increase is being requested as part of
this proposal.
7. The operations in connection with the proposal will not 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.
7.1. The proposal has been evaluated under the State Environmental Policy Act (SEPA), with potential
impacts related to noise, fumes, vibrations, dust, and flashing lights considered during the review
process. Based on the submitted information, the requirements outlined in the Pasco Municipal
Code (PMC) and Pasco Design & Construction Standards are expected to mitigate impacts on both
the built and natural environment. It is not anticipated that the proposal will be more objectionable
to nearby properties due to noise, fumes, vibrations, dust, or flashing lights.
7.2. Regarding traffic, although the Applicant's preliminary traffic impact estimates trigger a Tier 2
TIA requirement prior to implementation of the proposed use, there is no evidence in the record
that the traffic impact of the proposed use will be any greater than that of many of the permitted
use in the C-1 district, which includes banks, restaurants, theaters, and car washes. If necessary,
traffic impact mitigation measures may be required prior to issuance of a Certificate of Occupancy
for the new auto dealership, under the City of Pasco Design and Construction Standards.
The proposal will not 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.
8.1. The dealership is not anticipated to become a nuisance to other permitted uses within the district.
The only concern as to public health or safety raised in the hearing records related to traffic
impacts. The City of Pasco Design and Construction Standards exist to preserve public health and
safety, and in this instance will require a Tier 2 TIA, which may call for mitigation measures if
necessary. Applicant's compliance with the Tier 2 TIA and mitigation measures, if any are deemed
necessary, will provide sufficient assurance that the proposed use will not endanger public health
or safety.
9. 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 2024-019 is hereby APPROVED
subject to the following Condition of Approval.
IV. CONDITIONS OF APPROVAL
I. The applicant shall submit a Tier 2 Traffic Impact Analysis (TIA) in conformance with the adopted
City of Pasco Design and Construction Standards and Specifications for Public Works Improvements.
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The TIA shall satisfy all applicable standards. Upon the City's review and approval of the TIA, the
applicant shall comply with all mitigation measures required by the City, meeting all applicable
standards.
.j
Dated this -- ) day of February, 2025
CITY OF PASCO HEARING EXAMINER PRO TEM
Jay D. Eyestone
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).
SP 2024-019
Corwin Ford New Auto Dealership
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