HomeMy WebLinkAboutSP 2025-001 Mathews Auto Body Shop decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
SP 2025-001 ) DECISION AND
Mathews Auto Body Shop j CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on March 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. January 29, 2025 Special Permit Application, SP2025-001 submitted
2. February 6, 2025 Application Deemed Complete
3. February 20, 2025 NOPH mailed to owners of properties within 300 feet of subject property and
emailed to Parties of Record
4. February 23, 2025 NOPH published in Tri-City Herald Newspaper
5. PROPERTY DESCRIPTION:
5.1. Legal: AUTO PARK TRACTS 2,3 & 4 TOG W/PTN NVVNENW 25-9-29 DAF: COMM AT NW
COR SD SEC; TH N88D54'E ALG CTRLN COURT ST & N LN SD SEC, 1293.36; TH
SOOD0TE, 159.05' TO TPOB; TH CONT ALG SD BEAR, 170.94; TH N88D 54'E, 60; TH
NOOD04'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 S89D55W, 24.69' TO POB. EXC PTN TRACT
4 DEEDED TO USA UNDER AUD #3 865 87.
5.2. General Location: 3203 W Marie St, Pasco, WA 99301 (Parcel #119370315).
5.3. Property Size: 3.18 acres (138,478 square feet).
6. ACCESS: The site has access from Autoplex Way and West Marie Street.
6.1. UTILITIES: The site is served by sewer and water service located in Autoplex Way and West
Marie Street.
7. 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:
7.1. North: C-3; Office/Mini-storage facility
7.2. East: C-3; Automobile sales and service
7.3. South: C-3; Automobile sales and service
7.4. West: C-3; Automobile sales and service/Retail Business
SP 2025-001
Mathews Auto Body Shop
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8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. The applicant intends to establish an auto body shop within an existing building in the C-3 zoning
district.
14. According to PMC 25.100.040 (2), auto body shops are a permitted conditional use in the C-3 General
Business District.
15. 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.
16. 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.
17. A building permit will be required to ensure compliance with PMC 25.165.200(1).
18. The site meets the necessary qualifications to apply for a conditional use permit in accordance with
zoning requirements.
19. The site contains an approximately 11,740 sq. ft. building currently used for automobile sales.
20. 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.
21. The structure was built in 1986.
22. CODE CRITERIA FINDINGS
22.1. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative
text of the Comprehensive Plan;
SP 2025-001
Mathews Auto Body Shop
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22.1.1. 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.
22.1.1.1. Goals and Policies ED-1. Goal: MAINTAIN ECONOMIC DEVELOPMENT AS
AN IMPORTANT AND ONGOING CITY INITIATIVE.
22.1.1.2. ED-1-A Policy: Promote an environment which supports the development and
expansion of business opportunities.
22.2. The proposal will adversely affect public infrastructure;
22.2.1. 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.
22.3. The proposal will be constructed, maintained and operated to be in harmony with the
existing or intended character of the general vicinity;
22.3.1. 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.
22.4. 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;
22.4.1. 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 will
not hinder the development of other permitted uses in the surrounding area or negatively
impact the value of nearby properties.
22.5. 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;
22.5.1. 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.
22.6. 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.
22.6.1. 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.
SP 2025-001
Mathews Auto Body Shop
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23. An open record public hearing was held, after legal notice, on March 12, 2025
24. Appearing and testifying on behalf of the Applicant was Ryan Mathews. Mr. Mathews testified that he
was an agent authorized to appear and speak on behalf of the property owner and Applicant. He stated
that they agreed with the representations set forth within the staff report and the proposed Conditions
of Approval.
25. No member of the public testified at the hearing.
26. The following exhibits were admitted into the record:
26.1. Ex. 1 Staff Report;
26.2. Ex. 2 Remainder of Staff File.
27. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
28. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
H. CONCLUSIONS OF LAW
l . 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. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this
reference.
M. DECISION
Based on the above Findings of Fact and Conclusions of Law, SP 2025-001 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
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.
SP 2025-001
Mathews Auto Body Shop
Page 4 of 5
Dated this day of March, 2025
CITY OF PASCO HEARING EXAMINER
Andrew 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).
SP 2025-001
Mathews Auto Body Shop
Page 5 of 5
CHELAN COUNTY DISTRICT COURT _f
[ City of Wenatchee ) Case No(s). rOr'0309 2�3 w?C4
[ J County of Chelan / State of Washington )
Hearing type: Preliminary hearing
vs: ) [ ] Baii/Warrant
Lf8w, o 14 &4 Sentence Compliance
DOB: ±51 ) Type:
Charges
~Cause No.
Count
Offense
RCW/Ordinance
PC
10,30 Z
lCftrvi.
.52.d`7
v N
LU
Y/N
Y/N
Y/N
Defendant's status:
Present: [)4 Yes [ ] No in custody: [ ] Yes (XNo
Bail: [ ] Exonerated [ ] Forfeited Warrant: [ ] Cancelled [ ] Ordered
Interpreter: [ ] Spanish [ ] Other: Bail ordered: $
N] Court appointed attorney. The court finds that the defendant qualifies for appointment of attorney. The De City of
Wenatchee [ J City of Chelan [ J Chelan County contract public defender is appointed. The defendant shall contact his/her
appointed attorney, and maintain regular contact, per the attached Instructions Regarding Public Defender.
The next hearing is set for _Z�ca2c� at •v0 in Room
Conditions of release. Having found probable cause and considered the factors in RCW 10.21.030 and CrRU 3.2, the court finds
that conditions of release are necessary to reasonably assure the defendant's appearance, the safety of any person and the
community, and/or to prevent interference with the administration of justice. The defendant shall be released on personal
recognizance, or bail, as set forth above, and shall comply with the following additional conditions:
(X] Notify the court of any change of address
j Establish contact with appointed attorney and maintain regular contact (see instructions on attached notice): proper
contact with counsel is necessary to progress of this case, therefore defendant shall personally appear for the next hearing
Q4 Personally appear for hearings as directed by the court
[?4 No further criminal law violations.
[ ] Not operate a motor vehicle unless validly licensed and 'insured
[ } Not consume or possess any [ J alcoholic beverage [ ] non -prescribed controlled substance
[ } Not enter a business whose primary source of income its the sale and consumption of alcoholic beverages -
[ } . Comply with any valid No Contact Order
[ } Have no contact with, or stay away from:
[ } Not engage in assaultive, harassing, or threatening behavior
[ ] Do not possess any firearm or other dangerous weapon [ ] Surrender CPL/ firearm(s) t w enforcement
[ } Immediately contact the Probation Department at 410 Washington Street, Wenatchee W 8801.
[ ] Other:
Date: �^ 2 Judge:
revocation of release and an arrest warrant.
r .4 Address:
Defendant's Signature
Phone: j I A—
(rev 3/2023)
CHELAN COUNTY DISTRICT COURT
A City of Wenatchee ) Case No(s). 1FD
[ ] County of Chelan / State of Washington )
Hearing type: 64 Preliminary hearing
vs. l wood, Y 1 e— ) Bail/Warrant
W ) [ ) Sentence Compliance
DOB: 1 " L'-1 — } Type:
Charges:
Cause No.
Count
Offense
RCW/Ordinance
PC
-4tQ t csy, Orci494r- i o\�rian
-i • 1 OS' • Cif •
/ N
"Di
Y / N
Y/N
Y/N
Defendant's status:
Present: j Yes [ ] No
Bail: [ ] Exonerated f ] Forfeited
Interpreter: [ ] Spanish [ ] Other:
In custody: Y Yes [ ] No
Warrant: [ ]Cancelled ] Ordered
Bail ordered: $
Court appointed attorney. The court finds that the defendant qualifies for appointment of attorney. The'XCity of
Wenatchee [ ] City of Chelan [ ] Chelan County contract public defender is appointed. The defendant shall contact his/her
appointed attorney, and maintain regular contact, per the attached Instructions Regarding Public Defender.
The next hearing is set for
5"Z5 —2-S
at 9 *-o0a_PX in Room l
Conditions of release. Having found probable cause and considered the factors in RCW 10.21.030 and CrRU 3.2, the court finds
that conditions of release are necessary to reasonably assure the defendant's appearance, the safety of any person and the
community, and/or to prevent interference with the administration of justice. The defendant shall be released on personal
recognizance, or bail, as set forth above, and shall comply with the following additional conditions:
M Notify the court of any change of address
P4 Establish contact with appointed attorney and maintain regular contact (see instructions on attached notice): proper
contact with counsel is necessary to progress of this case, therefore defendant shall personally appearfor the next hearing
YQ Personally appear for hearings as directed by the court
$() No further criminal law violations.
] Not operate a motor vehicle unless validly licensed and insured
[ ] Not.consume or possess any [ ] alcoholic beverage [ ] non -prescribed controlled substance
(] Not enter a business whose primary source of income is the sale and consumption of alcoholic beverages
Comply with any valid No Contact Order
[ ] Have no contact with, or stay away from:
Q Not engage in assaultive, harassing, or threatening behavior
[ ] Do not possess any firearm or other dangerous weapon [ ] Surrender CPL/ firearms to law enforcement
(] Immediately contact the Probation Department at 410 Washington Street, Wenatc A 99801.
(] Other:
Date: 3- N%— 2, Judge:
or- vio
revocation of release and an arrest warrant.
"ti<3 (itf' 1l� Address: �« 1`���1
Defendant's Signature
Phone; -1 r0 25�i �JiJ�t 5 �V�J
(rev 3/2023)