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HomeMy WebLinkAboutSP 2026-003 FinalCITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, SP 2026-003 ) DECISION AND Contractors Yard ) CONDITIONS OF APPROVAL THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on April 8, 2026, 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 Proponent: Paul & Sara Little, 2220 Road 80, Pasco, WA 99301 2. Applicant: RJH Commercial Ventures, C/O Karen Walton, 2644 Harris Ave, Richland, WA 99354 3. Request: Special Permit: To develop a contractor's plant or storage yard within 300' of a residential district. 4. Timeline: 4.1. March 12, 2026 Application Submitted 4.2. March 23, 2026 Application Deemed Complete 4.3. March 25, 2026 Notice of Public Hearing for SP2026-002 scheduled for April 8, 2026, 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. 4.4. April 1, 2026 Public Hearing Staff Report Published 5. BACKGROUND 5.1. Property Description: 5.1.1.Abbreviated Legal: BUCKS SUBDIV LOTS 9 TO 19 5.1.2.Site Location: 1948 N 4th Ave. (Parcel# 113452185), Pasco, WA 99301 5.1.3.Property Size: 2.46 acres (107,518.46 Square Feet). 6. ACCESS: The site is currently accessed from N 4th Ave to the east. 7. UTILITIES: Municipal water is available in N 4th Ave to the east, N 5th Ave to the west, and within a utility easement that bisects the property. Municipal sewer is available in N 5th Ave to the west, and within an alleyway/ utility easement to the north. The site is currently served by both municipal water and sewer. 8. LAND USE AND ZONING: The property is zoned C-3 (General Business) and is currently developed with a towing and autobody shop. Surrounding properties are zoned and developed as follows: SP2026-003 Contractors Yard Page 1 of 6 Direction Zone Current Development North C-3 and C-1 Manufactured home park & automotive repair businesses East C-1 and I-1 Manufacturing business, gas station & multi -family dwelling South C-3 and C-1 Single and multi -family dwellings and commercial uses West R-1 Single family dwellings 9. COMPREHENSIVE PLAN: The Comprehensive Plan designates the location as "Low Density Residential" and "Commercial". The low -density residential designation supports a variety of residential housing at a density of 3 to 6 dwelling units per acre. Which is not in line with the current zoning nor the proposal, however the commercial designation supports neighborhood, community and regional shopping and specialty centers, business parks, service and office uses, which is in line with the commercial nature of the proposal. 10. ENVIRONMENTAL DETERMINATION: The Special Permit is exempt from SEPA due to the project meeting exemption requirements of WAC 197-11-800(6)(b). ILBACKGROUND 11.1. Request 11.1.1. The applicant proposes developing a portion of the 2.46-acre lot into a contractor's plant or storage yard. The proposed development is on a parcel within 300' of a residential district. 11.2. Site 11.2.1. The site has been developed as an autobody shop and towing yard. The current building which houses an office, autobody painting and auto repair facility is approximately 18.660 sq.ft. in size. In addition, the applicant intends to operate a construction and restoration company out of the existing building. The current building will be used as a warehouse space, and for restoration purposes. The site has traditionally housed multiple vehicles outside as well as auto parts for restoration or recycling. The site is currently surfaced with compacted gravel and asphalt. The site currently has a parking lot with +/- 33 parking spaces. 11.3. History 11.3.1. The site was annexed into the City on March 15, 1949, with Ordinance #0649. A zoning determination for this annexation is not readily available due to the age of the annexation. The site was rezoned from C-1 (Retail Business) to C-3 (General Business) in 2004 with Z2004-089. 11.3.2. Special Permit 2004-090 was approved on 10/04/2026 to allow for an autobody shop on the property. 11.3.3. Special Permit 10-007 was approved on 05/03/2010 to allow for the expansion of the autobody shop and to allow for automotive repair work on the property. 11.4. Land Use Regulations 11.4.1. Per Pasco Municipal Code (PMC) 25.100.040(4) Contractor's plant or storage yard within 300 feet of a residential district requires a special permit. 11.4.2. 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. SP2026-003 Contractors Yard Page 2 of 6 12. An application was submitted on March 12, 2026. 13. Notice of the public hearing was posted on the City of Pasco website, published in the Tri-City Herald, and mailed to properties within 300 feet of proposal on March 25, 2026. 14. The proposed site is Parcel # 113452185 in Pasco, WA. 15. The site is zoned C-3 (General Business). 16. The site has been developed as an autobody / auto repair shop since 2004. 17. Applicant proposes to develop a contractor's plant or storage yard. 18. The proposed use is within 300' of a residential district. 19. Contractor's plants or storage yards are considered a "Conditional Use" when within 300' of a residential district within the C-3 zoning district. 20. Conditional uses in the C-3 zoning district may be permitted through the Special Permit process. 21. As per PMC 25.200.080, 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: 21.1. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; 21.1.1. Policy ED-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. 21.1.2. Goal LU-6: Encourage distinctive quality community and regional commercial and industrial developments that support the city's overall development goals. 21.1.3. Policy LU-6-A: Encourage commercial and higher -density residential uses along major corridors and leverage infrastructure availability. 21.2. The proposal will adversely affect public infrastructure; 21.2.1. Access to the site is currently established off N 4th Avenue. Utilities are available on site and have been designed and constructed to accommodate current uses. The proposed contractor's storage yard does not appear to place more of a burden on utilities than the established autobody and auto repair shop currently operating on the property. As such staff finds the proposed use will not increase the need for infrastructure improvements and is unlikely to adversely impact the existing infrastructure. 21.3. The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; 21.3.1. The properties in the general vicinity are a mixture of residential, commercial, and industrial uses. Properties to the north, east, and south of the proposal bordering N 4th Ave include a manufacturing business, a gas station, autobody shop, several apartment complexes, a manufactured home park, and a bakery. Properties to the east of the proposal have been developed as single family dwellings. North 4th Ave is a principal arterial, and the City of Pasco's Comprehensive Plan Land Use Policy 6-A encourages commercial and higher density residential uses along major corridors. An existing solid concrete block wall exists on the property facing N 5th Ave to the east, but the solid fence has a chain link gate on the northeast corner of the property. The concrete block fence appears to be between 6 and 7 feet in height, which will limit noise and visual disturbance from the property as it is a solid barrier between the residential district and the commercial use. There is a gate in the northwestern corner of SP2026-003 Contractors Yard Page 3 of 6 the lot that lessens the mitigations provided by the solid concrete block fence. After speaking with the applicant, they have requested to keep the gate as an emergency exit. Therefore as a condition of approval the existing gate will need to be modified into a solid gate and be labelled as a means of emergency egress only. Maintenance and operation of the proposed contractor's yard may interfere with the harmony of the general vicinity, as it may produce excess noise from the movement and storage of product, hours of operations, or unpleasant sights from material storage or stockpiles. These possible interferences to the harmony of the general vicinity will be addressed with conditions included later in this staff report. Staff finds that the proposed contractor's yard, as conditioned, would be in harmony with the mixed commercial, residential, and industrial character of the existing character of the area. 21.4. 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; 21.4.1. The proposed contractor's yard will be subject to the Pasco Municipal Code. The proposed contractor's yard requires the storage of materials outside the existing structures. The location and height of the material storage within the proposal may change as necessitated by the commercial interest of the applicant. If the current or future applicants wish to change the nature of the proposed special permit or add buildings/ land area/ conditionally permitted uses, a new special permit will be required. The proposed contractor's yard will be limited to the area of Parcel No. 113452185. The height of the storage of any materials will be conditioned so as not to discourage the development of permitted uses on property in the general vicinity. The application, as conditioned, will not discourage development of permitted uses on property in the general vicinity or impair their value as the building will meet Pasco Municipal Code Standards. 21.5. 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; 21.5.1. Examples of permitted uses in the C-3 (General Commercial) district include but are not limited to: Heavy machine sales and service; warehouses; service stations; wholesale businesses; and contractors plant or storage yard, provided such plant or yard is more than 300 feet from a residential district. The permitted uses in the C-3 district listed above may produce more noise, fumes, vibrations, dust, traffic, and flashing lights than is expected to be produced by proposed contractor's yard. However, as the proposed contractor's yard is within 300' of a residential district it will require conditions to mitigate the potential impacts from likely objectionable factors. Noise, dust, and traffic are the likeliest of the listed objectionable factors to come from a contractor's yard. additional traffic to the site may cause additional noise and dust by bringing material in or taking it from the site. Noise may also come from the movement of the material around the site. Pasco Municipal Code chapter 9.130 regulates noise within the city, this proposal will be conditioned to follow this chapter of the municipal code. Dependent upon materials stored at the site dust may migrate to adjacent properties. Objectionable factors related to dust and traffic will be conditioned in this permit to limit their interference to nearby properties. 21.5.2. Flashing lights, vibrations, and fumes are unlikely to be generated from a contractor's yard in a manner that would be more significant than other uses in the C-3 district. 21.6. 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. 21.6.1. N 4th Ave is a principal arterial where the City of Pasco intends to focus commercial development. The corridor includes a mix of commercial and industrial uses, with portions SP2026-003 Contractors Yard Page 4 of 6 zoned I 1 Light Industrial. Uses permitted in the I 1 district are generally more intensive and present greater potential impacts to public health and safety than the conditionally permitted use. 21.6.2. The C 3 district allows contractor plants and storage yards outright when located more than 300 feet from a residential district. As conditioned, the proposed contractor's yard at 1948 N 4th Ave will not endanger public health or safety. It is not expected to create a nuisance, as the same use is permitted outright, without special conditions, in the C-3 district when sufficiently separated from residential zoning. In this particular case, the determining factor for requiring a special permit is proximity to another zoning district, not the nature of the use itself. 21.6.3. The proposal must comply with all relevant provisions of the Pasco Municipal Code, including outdoor lighting and noise regulations. Any violations would trigger enforcement and corrective action. The use will also undergo periodic reviews to ensure ongoing compliance with all permit conditions. 22. An open record public hearing was held, after legal notice, on April 8, 2026. 23. Appearing and testifying on behalf of the Applicant was Paul Little. Mr. Little indicated that he is an agent of the applicant and that they are looking into buying the property. He indicated that he had reviewed the staff report and agreed with all the representations contained therein. He also reviewed all the proposed conditions of approval and had no objections to any of those. 24. When questioned by the hearing examiner as to what activities take place in a construction storage yard, Mr. Little indicated that simply the storage of construction materials, the parking of employee vehicles while they work, and the parking of company vehicles after hours. There's no actual construction that will take place at the site. No hazardous materials will be stored. He stated they have ample water to control dust, including availability of a water truck. He stated that all lighting will be pointed downward and that they would install privacy fencing. 25. Testifying from the public were the following individuals: 25.1. John Hjaltalin: Mr. Hjaltalin testified he represents the current property owners and stated his opinion that new use will improve the property. 25.2. Rob Ellsworth: Mr. Ellsworth is a broker for Mr. Little. He believes Mr. Little will substantially improve this site. The use will be less invasive on neighbors than past uses and will lower traffic flows. 26. The following exhibits were admitted into the record: 26.1. Ex. A Staff Report 26.2. Ex. B Application Materials 26.3. Ex. C Public and Agency Comments 26.4. Ex. D Noticing Documents 26.5. Ex. E Remainer of Planning 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 SP2026-003 Contractors Yard Page 5 of 6 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, SP 2026-003 is hereby APPROVED subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL 1. The special permit shall apply to 1948 N 4th Ave. (Parcel# 113452185) and any subsequent subdivision thereof. 2. All lighting shall be directed downward and shielded in such a way that no light from the development encroaches onto another property. 3. No materials shall be stored in any manner that is 15' in height or greater. 4. Noise from the property shall not exceed the maximums allowed by Pasco Municipal Code 9.130. 5. Hours of operation shall be no earlier than lam and no later than 1 Opm. 6. The property shall be screened on all sides in accordance with Pasco Municipal Code 25.180.040, the existing gate on the northwestern corner shall be converted into a solid gate, and be labelled as an emergency exit. 7. The site plan shall be developed in substantial conformity to the Special Use Permit application, site plan and any building plans submitted. 8. Any modification or change in the nature, character or intensity of the use may require additional review and/or Special Use Permits. 9. Applicant shall adhere to all Federal, State and City zoning, building, fire, and safety codes. Dated this day of April, 2026 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). SP2026-003 Contractors Yard Page 6 of 6