HomeMy WebLinkAboutSP 2025-012 Mendoza Shop decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
SP 2025-012 ) DECISION AND
Mendoza Shop Special Permit ) CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on September
10 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: Manuel Mendoza, 1424 N 46' Ave., Pasco, WA 99301
2. REQUEST: Special Permit: Amendment to existing used car dealership special permit
(SP2417-020) to add an approximate 4,000 sq. ft. shop for the storage of cars
3. TIMELINE
05 August 2025
Application Submitted
15 August 2025
Application Deemed Complete
27 August 2025
Notice of Public Hearing for SP2025-012 scheduled for September 10,
2025, was posted on the City of Pasco website, published in the Tri-City
Herald Newspaper, and mailed to properties within 300 feet of the
proposal.
03 September 2025
Public Hearing Staff Report Published
4. BACKGROUND
4.1. PROPERTY DESCRIPTION:
4.1.1.Abbreviated Legal: LUDWIG ADD LOT 1 & LOT 2 EXC PTN TO CITY OF PASCO
(1944049)
4.1.2.General Location: The southwest corner of W Court St. and N 4`" Ave., 1424 N 4"' Ave.
(Parcel #112011019).
4.1.3.Property Size: Approximately .91 acres (39,799.56 square feet)
4.2. ACCESS: The property has access from both W Court St. and N 4`h Ave.
4.3. UTILITIES: Water and sewer service are available from W. Court St.
4.4. LAND USE AND ZONING: The property is zoned C-1 (Retail Business) and currently houses
an existing car dealership. Surrounding properties are zoned and developed as follows:
4.4.1.North: C-1 Retail Business
4.4.2.East: C-1 Retail Business
4.4.3.South: C-1 Retail Business
4.4.4.West: C-1 Retail Business
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4.5. COMPREHENSIVE PLAN: The comprehensive plan land use designation for the property is
"Commercial." Comprehensive plan land use density table [Pasco Municipal Code (PMC)
25.215.015] states that Commercial is to provide a "Neighborhood, community and regional
shopping and specialty centers, business parks, service and office uses."
4.6. ENVII20NMENTAL DETERMINATION: Special permit is exempt from SEPA due to the
project meeting exemption requirements of WAC 197-11-800(1)(b)(iv).
4.6.1.Request
4.6.1.1. Applicant proposes to amend existing used car lot special permit (SP2017-020) to
add an approximate 4,000 sq. ft. shop for the storage of cars.
4.6.2.Site
4.6.2.1. Approximately 2,158 sq. ft. of the 39,799 sq. ft. site is currently used forthe offices
for the used car dealership. There is also a food truck stand located within northwest
corner of the site. Applicant is proposing to add an approximate 4,000 sq. ft. shop behind
the used car dealership offices for the storage of cars.
4.6.3.History
4.6.3.1. The site has been part of the City since at least the annexation correction ordinance
of 1921 (Ord. #319). The zoning for the property was originally designated R-1
Residential when zoning was established in 1938 (Ord. #435). The zoning was changed
to the current zoning of C-1 Retail Business back in 1950 (Ord. #678).
4.6.3.2. In 2018, a special permit (SP2017-020) was filed and approved for the location of
a used auto sales dealership for the site. Features included offices for the business and
parking for customers and of vehicles for sale. Applicant has proposed to add an
additional 4,000 sq. ft. shop to the property for the storage of cars. The addition of a
shop is considered a major amendment to the original approved special use permit.
4.6.4.Land Use Regulations
4.6.4.1. Per PMC 25.85.040(2) car dealerships may operate upon issuance of a special
permit within the C-1 Retail Business District.
4.6.4.2. Per PMC 25.195.020(6) the Hearing Examiner has the authority to make decisions
on Land Use Decisions described in PMC 2.50.080, such as special permits.
5. Special Permit Application (SP 2025-012) for used car dealership amendment was submitted on August
05, 2025
6. The Application was determined to be complete on August 15, 2025.
7. Notice of the public hearing was mailed to property owners within 300 feet of the subject property and
published in the Tri-City Herald newspaper on August 27, 2025.
8. Applicant proposes to construct an approximate 4,000 sq. ft. shop for the storage of cars.
9. Approximately 6,158 sq. ft. of the 39,799 square -foot site will be covered by the offices and the shop.
10. The subject property has been part of the City since at least the annexation correction ordinance of 1921
(Ord. #319).
11. The site was originally assigned R-1 Residential when zoning was established in 1938 (Ord. #435).
12. Zoning on the site was changed from R-1 to the C-1 zoning in 1950 (Ord. #678).
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13. Per PMC 25.85.040(2) car dealerships may operate upon issuance of a special permit within the C-1
Retail Business District.
14. Per PMC 25.195.020(6) the Hearing Examiner has the authority to make decisions on Land Use
Decisions described in PMC 2.50.080, such as special permits.
15. This is an amendment to an existing used car dealership special permit approved back in 2018 (SP2017-
020).
16. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of
the Comprehensive Plan;
16.1. Economic Development Goal 1: Maintain economic development as an important and
ongoing city initiative.
16.1.1. Policy 1-A: Promote an environment which supports the development and expansion of
business opportunities.
16.2. Constructing a shop will further support the current business operations on the site. This
could lead to further development and expansion of business opportunities both on -site and within
the community.
16.2.1. Economic Development Goal 2: Assure appropriate location and design of commercial and
industrial facilities.
16.2.2. Policy 2-B: Encourage development of a wide range of commercial and industrial uses
strategically located near major transportation corridors or facilities and in close proximity to
existing or proposed utility infrastructure while supporting local and regional needs.
16.3. The used car dealership is adjacent to two arterial roads and is located directly off Ben
Franklin Transit's Route #3.
17. The proposal will not adversely affect public infrastructure;
17.1. An addition of a shop for the storage of cars would not cause an increase of traffic enough
to impact public infrastructure.
18. The proposal will be constructed, maintained and operated to be in harmony with the existing or
intended character of the general vicinity;
18.1. Proposed shop would still be in keeping with the current commercial use that is on the site
and for properties located to the north, east, south, and west. Building design would be required to
meet Pasco Municipal Code.
19. 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;
19.1. The C-1 zoning district allows for building heights of up to 35 feet. The maximum height
of the structure will be required to meet the C-1 building height limit.
20. 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;
20.1. The proposed shop addition to the existing used car lot will not likely 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.
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21. 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.
21.1. The proposal is required to adhere to the PMC including provisions such as the outdoor
lighting and noise ordinances. If there were to be violations to these codes, then code cases and
remediating steps will be issued and undertaken. Additionally, the use will be subject to periodic
reviews for compliance with conditions imposed under the special permit.
22. An open record public hearing was held, after legal notice, on September 10, 2025.
23. Appearing and testifying on behalf of the Applicant was Manuel Mendoza. Mr. Mendoza 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. He stated that the family owns the car dealership and the new building would
just be for the storage of cars. There would be no mechanical or body work allowed within this facility.
24. No member of the public testified at the hearing.
25. The following exhibits were admitted into the record:
25.1. Ex A Staff Report;
25.2. Ex. B Remainder of Planning Staff File.
26. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
27. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
H. 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. 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, SP2025-012 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The special permit shall apply to Parcel #112011019, and any subsequent subdivision(s) thereof.
2. The site plan shall be developed in substantial conformity to the Special Use Permit application, site
plan and any building plans submitted.
3. Any subsequent change in use of the property or building may require additional review and/or new
Special Use Permits.
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4. Applicant shall to all Federal, State and City zoning, building, fire, and safety codes.
Dated this _ day of September, 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).
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