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HomeMy WebLinkAboutZ 2026-002 - decision 3.23.26CITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT, RECOMMENDED Z 2026-002 ) CONCLUSIONS OF LAW, AND Chavoshi, LLC ) RECOMMENDED DECISION THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on March 11, 2026, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as follows: I. RECOMMENDED FINDINGS OF FACT 1. APPLICANT: Paul Knutzen, Knutzen Engineering, 5401 Ridgeline Dr Ste 160, Kennewick, WA 99338. 2. OWNER: Sam Chavoshi, Chavoshi LLC, PO Box 3170, Pasco, WA 99302. 3. REQUEST: Rezone C-3 (Retail Business) to I-1 (Light Industrial). 4. TIMELINE: February 2, 2026 Application Submitted. February 25, 2026 Application Deemed Complete. February 25, 2026 Application Noticed for Public Hearing to Property Owners within 300'. February 25, 2026 Application Noticed for Public Hearing to the Tri-CityHerald. March 4, 2026 Public Hearing Staff Report Published 5. PROPERTY DESCRIPTION: 5.1. Parcel Nos.: 113493122, 113493140, 113493159, 113493131. 5.2. Legal: LOTS 1, 9, 13, and 19, BLOCK 12, FREYS ADDITION, respectively. 5.3. Property Size: Approximately 2.37 acres (103,258.16 square feet). 5.4. General Location: The subject property is addressed as 1010 N Oregon Ave. Pasco, WA 99301, generally west of N Oregon Ave., south of E Salt Lake St., north of E Spokane St., and east of the Burlington Northern and Santa Fe Railway (BNSF). 6. ACCESS: The has access from N Oregon Ave. and E Salt Lake St. 7. UTILITIES: Municipal sewer is available in the alley to the west the subject property and within E Salt Lake St. to the north. Municipal water is available within N Oregon Ave. east of the site and within E Salt Lake St. to the north of the property. Z 2026-002 Chavoshi, LLC Page 1 of 6 8. LAND USE AND ZONING: The site is currently zoned C-3, and the applicant is requesting a rezone to I-1. Surrounding properties are zoned and developed as follows: 8.1. North:C-3 General Business/ Bus Service and Sales 8.2. East: C-3 General Business/ Steel Recycling 8.3. South: C-3 General Business/ Fencing Contractor's Yard & Concrete Materials Supplier 8.4. West: I-1 Light Industrial/ Bare ground & Industrial Equipment Rental 9. COMPREHENSIVE PLAN: The City's Comprehensive Plan designates the site as Industrial, which supports Manufacturing, food processing, storage and wholesale distribution of equipment and products, hazardous material storage, and transportation related facilities. Pennitted zoning designations within this land use category include I-1 (Light Industrial), I-2 (Medium Industrial), & I-3 (Heavy Industrial). 10. ENVIRONMENTAL DETERMINATION: The City has determined this proposal to be exempt under Washington Administrative Code 197-11-800 (6) Land use decisions. (c) Where an exempt project requires a rezone, the rezone is exempt only if. (i) The project is in an urban growth area in a city or county planning under RCW 36.70A.040; (ii) The proposed rezone is consistent with and does not require an amendment to the comprehensive plan; and (iii) The applicable comprehensive plan was previously subjected to environmental review and analysis through an EIS under the requirements of this chapter prior to adoption; and the EIS adequately addressed the environmental impacts of the rezone. No further Washington State Environmental Policy Act (SEPA) review is required for this proposal. 11. HISTORY: 11.1. In September 2020, a Non -Project Environmental Impact Statement (EIS) was completed for the City's Comprehensive Plan. The EIS identified 7,768.43 acres of Industrial land within Pasco city limits. Alternative 3, which the city chose to pursue, "proposes to allow development to occur within currently undeveloped or infill areas of the city and in smaller UGA area compared to Alternative 2". 11.2. The property was counted in the EIS as it was annexed into the City of Pasco in 1963 through Ordinance 41078. 11.3. The property was developed as a car wash in 1992. 12. PLANNING STAFF ANALYSIS: 12.1. The existing C-3 zoning is not consistent with the City's Comprehensive Plan. Approval of the requested rezone would bring the property into conformance with the adopted Comprehensive Plan land use designation. 12.2. This rezone would follow the City of Pasco's chosen Alternative in allowing infill industrial development of several lots within city limits. 13. An open record public hearing was held, after legal notice, on March 11, 2026. 14. The applicant did not appear nor send an agent for the public hearing. 15. No members of the public attended the hearing to speak for or against the proposal. Z 2026-002 Chavoshi, LLC Page 2 of 6 16. The following exhibits were admitted into the record: 16.1. Ex. A Staff Report; 16.2. Ex. B Remainder of Planning Staff File. 17. ZONING PETITION REQUIREMENTS: PMC 25.210.030 sets forth the required contents of a zone change petition. The petition received in this case appears to be a fillable form furnished to the applicant by City, the contents of which are similar but do not exactly follow PMC 25.210.030. The staff report, however, provides ample supplementation to the contents of the petition and addresses all the requirements of PMC 25.210.030: 17.1. The date the existing zone became effective: 17.1.1. The property has been zoned commercially since at least 1992; the property was annexed into the city in 111511963 through ordinance #1078. 17.2. The changed conditions, which are alleged to warrant other or additional zoning: 17.2.1. The applicant states "The rezone is necessary for the proposed project. The rezone will also align with the current comprehensive plan designation of "Industrial ", the current zone C-3 is a non -conforming zone for that land use. ". The applicant has met with city staff, in an official pre -application meeting, about changing the use of the propertyfrom a car wash to a soil testing company. To better align with the Citys Comprehensive Plan and support future intended development, the applicant is requesting a rezone from the current C-3 designation. The existing C-3 zone is intended as a commercial district and does not allow development consistent with the land use standards and density objectives of the Comprehensive Plan which designates the property as Industrial. 17.3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: 17.3.1. The existing C-3 zoning does not align with the adopted Comprehensive Plan land use designation, limiting the property's ability to develop in a manner thatpromotes public health, safety, and general welfare. 17.3.2. The proposed I-1 zoning would bring the property into conformance with the Comprehensive Plan, facilitating orderly, efficient industrial development that is compatible with surrounding uses. The rezone would support the following sections of the Comprehensive plan: 17.3.2.1. Goal LU-6 Encouraging distinctive quality community and regional commercial and industrial developments that support the citys overall development goals, 17.3.2.2. Policy LU-6-E Supporting the growth Management Acts goal to encourage growth, including industrial growth, in urban areas, and 17.3.2.3. Goal ED-2 Assuring appropriate location and design of commercial and industrial facilities. 17.3.3. Additionally, the proposal is consistent with City Council —approved Comprehensive Plan amendments. These amendments have been determined to be in the public interest and supportive of the Citys objectives for an increase of industrial facilities, coordinated growth, and effective provision of public facilities. Z 2026-002 Chavoshi, LLC Page 3 of 6 17.4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 17.4.1. The proposed Light Industrial (I-1) zoning supports commercial and industrial development that is compatible with neighboring properties, located to the north, south, east, and west of the subject property. By aligning with the Comprehensive Plan's Industrial designation, the rezone promotes orderly and compatible growth while maintaining the area's intended character. Any fixture development actions will be subject to review under the Pasco Municipal Code and possibly SEPA to ensure that potential impacts on the natural and built environment, as well as on adjacent property values, are properly identified and mitigated. 17.5. The effect on the property owner or owners if the request is not granted: 17.5.1. If the rezone request is not granted, the subject site would limit the applicant. The applicant states the project of the soil testing facility would not move forward. The current C-3 zoning does not permit experimental laboratories, however laboratories are a permitted use in the I-1 zone. Under these standards, the site would remain as it is currently with a car/ truck wash. In addition, development under C-3 zoning would not meet the intended development pattern within the Comprehensive Plans designation of Industrial, further highlighting the inconsistency with the City adopted land use policies. 17.6. The Comprehensive Plan land use designation for the property: 17.6.1. The City of Pasco Comprehensive Plan designates the site as Industrial. The proposed zoning designation of I-1 is consistent with the Industrial land use designation. 17.7. Such other information as the Hearing Examiner requires: 17.7.1. The rezone application is consistent with and supports the intent of the Comprehensive Plan as well as the City Council's goals. 18. PMC 25.210.060 FINDINGS: 18.1. The proposal is in accord with the goals and policies of the Comprehensive Plan. 18.1.1. The Land Use Element of the Comprehensive Plan designates the site as Industrial. The proposed I-1 rezone is consistent with the Land Use Map designation and advances the goals and policies of the Comprehensive Plan. 18.1.2. In particular, it supports Land Use Goal LU-6 which encourages distinctive quality community and regional commercial and industrial developments that support the city's overall development goals, as well as Policy LU-6-E, which emphasizes support for the Growth Management Act's goal to encourage industrial growth in urban areas, and Goal ED- 2 assuring appropriate location and design of commercial and industrial facilities. 18.1.3. The rezone supports Land Use Goal LU-6 by changing the zone of the property to match both the character of the site and the Land use Map. 18.1.4. The rezone supports Policy LU-6-E by zoning the property for industrial development within city limits on a property already served by city service and transportation network. 18.1.5. The rezone supports Goal ED-2 by ensuring the industrial development is within an area bordered by the industrial zone, train tracks, and intense commercial activity. By aligning the zoning with the Comprehensive Plan designation, the rezone helps ensure orderly, compatible, and efficient development in the area. 18.2. The effect of the proposal on the immediate vicinity will not be materially detrimental. Z 2026-002 Chavoshi, LLC Page 4 of 6 18.2.1. The proposed zoning change is not anticipated to create materially detrimental impacts to the immediate vicinity. The requested I-1 designation is compatible with adjacent industrial and general commercial uses as well as being consistent with the Comprehensive Industrial land use designation. Any future development will be required to comply with all applicable City standards, including setbacks, landscaping, buffering, and traffic mitigation, ensuring that potential impacts on neighboring properties are minimized and appropriately managed. 18.3. There is merit and value in the proposal for the community as a whole. 18.3.1. This proposal aligns with the guidance of the Comprehensive Plan for the subject site. The Plan identifies the site for Industrial use and applying the I-1 zoning designation is consistent with that guidance. The rezone will create opportunities for industrial and business redevelopment and allowing for economic growth. Additionally, the proposal promotes planned and orderly redevelopment, and supports the long-term goals of the community, including ensuring the appropriate location, and development of Industrial uses within city limits. 18.4. No conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 18.4.1. No conditions are necessary as part of this rezone request. The application, as well as any future development, will be subject to the applicable provisions of the PMC and the City of Pasco Design and Construction Standards. Accordingly, the imposition of conditions at this stage is not warranted. 18.5. No concomitant agreement should be entered into between the City and the petitioner. 18.5.1. A concomitant agreement is not necessary for this proposal. The requested rezoning complies with all applicable City standards and requirements, and no additional terms or conditions beyond those already established in the PMC and adopted development regulations are warranted. Accordingly, no further commitments or agreements are required. 19. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 20. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II. RECOMMENDED CONCLUSIONS OF LAW 1. The Hearing Examiner has been granted the authority to render this decision. 2. This proposal 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. Z 2026-002 Chavoshi, LLC Page 5 of 6 III. RECOMMENDED DECISION Based on the above Findings of Fact and Conclusions of Law, Z 2026-002 is hereby recommended for APPROVAL. Dated this day of March, 2026. CITY OF PASCO HEARING EXAMINER, PRO TEM J D. Eyestone This recommendation is subject to a timely filed appeal pursuant to PMC 25.210.070 Z 2026-002 Chavoshi, LLC Page 6 of 6