Loading...
HomeMy WebLinkAboutHE Meeting Pacekt 07-08-26AGENDA HEARING EXAMINER MEETING City Hall – 525 North Third Avenue Council Chambers WEDNESDAY, JULY 8, 2026 6:00 PM This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.com/psctvlive. Audio equipment available for the hearing impaired; contact staff for assistance. I. CALL TO ORDER II. PUBLIC HEARINGS • SP2026-006 Culberts Contractors Yard Applicant has applied for a Special Use Permit and associated SEPA (SEPA 2026- 010) for the development of a contractor’s plant or storage yard within 300’ of a residential district. The project area is approximately 1.00 acres. The site is zoned C- 3 (General Business). The project is located at on an unaddressed parcel east of 3713 E A St. and west of 3905 E A St., (Parcel #113730133) Pasco, WA 99301. III. ADJOURNMENT REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY July 8, 2026 6:00 PM 1 MASTER FILE #: SP 2026-006 PROPONENT: Steve Culbert 3905 E A. Street Pasco WA 99301 APPLICANT: Steve Culbert 3905 E A. Street Pasco WA 99301 REQUEST: Special Permit: To develop a contractor’s plant or storage yard within 300’ of a residential district. Timeline: April 20, 2026 Application Submitted June 8, 2026 Application Deemed Complete June 22, 2026 SEPA DNS Determination issued June 24, 2026 Notice of Public Hearing for SP2026-006 scheduled for July 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. June 29, 2026 Public Hearing Staff Report Published BACKGROUND 1) PROPERTY DESCRIPTION: Abbreviated Legal: SHORT PLAT 78-25 LOT 1 Site Location: An unaddressed lot between 3713 and 3905 E. A Street. (Parcel# 113730133), Pasco, WA 99301 Property Size: 1.00 acres (43,571.95 Square Feet). 2) ACCESS: The site is currently accessed from E. A Street located on the southern property line. 2 3) UTILITIES: Municipal water is available in E. A Street. to the east, and at the corner of E. A Street. and Tierra Vida Lane to the west. Municipal sewer is available in E. A Street. running along the frontage of the property. The site is not currently served by municipal water or sewer at this time as it is undeveloped. 4) LAND USE AND ZONING: The property is zoned C-3 (General Business) and is currently undeveloped. Surrounding properties are zoned and developed as follows: Direction Zone Current Development North R-1 Single Family Dwellings East C-3 Contractor’s storage yard South I-1 Automobile salvage yard West C-1 A private Middle School, coffee shop, and housing complex administration center 5) COMPREHENSIVE PLAN: The Comprehensive Plan designates the location as “Mixed Residential Commercial”. The mixed residential commercial designation accommodates a diverse range of housing, nonresidential uses, commercial uses, neighborhood retail and office uses, parks and recreation areas, and civic uses at a density of 5 to 29 dwelling units per acre. This use is not generally seen in the mixed residential commercial designation but could fall under the umbrella under commercial uses. 6) ENVIRONMENTAL DETERMINATION: A SEPA checklist was submitted concurrently with the Special Permit for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) was issued for this project on June 22, 2026 (SEPA2026-010), under WAC 197- 11-355. BACKGROUND Request The applicant proposes developing the entirety of the 1.00-acre lot into a contractor’s plant or storage yard. The proposed development is on a parcel within 300’ of a residential district. Site 3 Currently the site is bare ground. History The site was annexed into the City on July 18th 1994, with Ordinance #3033. A zoning determination for this annexation was included as part of the annexation ordinance, at the time of annexation the site was zoned C-3. State Environmental Policy Act (SEPA) permit (SEPA 08-19) was issued a Determination of Non-Significance (DNS) for the improvement of E. A Street. along the southern boundary of the property on 7/10/2008. SEPA permit (SEPA 2022-116) was issued a Mitigated Determination of Non-Significance (MDNS) for excavation of material and back fill on 1/17/2023. SEPA Permit (SEPA 2026-010) was issued a Determination of Non-Significance (DNS) for grading the lot, the placement and compaction of gravel, the addition of a concrete block fence, and commercial driveway on 6/22/2026. Land Use Regulations 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. 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. STAFF FINDINGS OF FACT 1) An application as well as a SEPA checklist were submitted on April 20, 2026. 2) A Determination of Non-Significance (DNS) for SEPA 2026-010 was issued by the City of Pasco on June 22, 2026. 3) 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 June 24, 2026. 4) The proposed site is Parcel # 113730133 in Pasco, WA. 5) The site is zoned C-3 (General Business). 6) The site is undeveloped. 7) Applicant proposes to develop a contractor’s plant or storage yard. 8) The proposed use is within 300’ of a residential district. 9) Contractor’s plants or storage yards are considered a “Conditional Use” when within 300’ of a residential district within the C-3 zoning district. 10) Conditional uses in the C-3 zoning district may be permitted through the Special Permit process. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT 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: (1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; 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. 4 Goal LU-6: Encourage distinctive quality community and regional commercial and industrial developments that support the city’s overall development goals. Policy LU-6-A: Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability. (2) The proposal will adversely affect public infrastructure; Access to the site will be from E. A Street. Municipal sewer is available along the frontage of the property on E. A Street. Municipal water is available +/- 175 feet to the east along E. A Street. The proposed contractor’s storage yard does not appear to place more of a burden on utilities than other uses permitted outright in the C-3, General Commercial District which include service stations, contractor’s plant or storage yards, warehouse etc... As such staff finds the proposed use will not increase the need for infrastructure improvements and is unlikely to adversely impact the existing infrastructure. (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; The properties in the general vicinity are a mixture of residential, commercial, and industrial uses. Properties to the east of the proposal are a previously permitted contractor’s storage yard (SP2012-002). Properties to the north of the proposal have been developed as single family dwellings. Properties to the south of the proposal have been developed as an automobile salvage yard. Properties to the west of the proposal include a private middle school, multifamily dwellings, and multifamily dwelling administration center. E A Street is a minor 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 fence exists on the property facing properties to the north and west, The concrete block fence appears to be roughly 6 feet in height, which will limit noise and visual disturbance from the property as it is a solid barrier between the residential district to the north as well as the less intense commercial use to the east and the proposed contractor’s yard. The previously approved special permit SP2012-002 on the property directly to the east states “A fifteen (15) foot wide irrigated landscape buffer containing pine trees planted at a minimum rate of one pine tree for every thirty (30) linear feet shall be located along the entire length of the wall abutting Tierra Vida subdivision. Additionally, the landscape buffer shall contain shrubs equal to a rate of one shrub for every 10 feet linear feet of the buffer strip.”. A continuation of that condition on this property, along the northern and western property boundaries would help maintain harmony with the existing character of the general vicinity. SP2012-002 also is conditioned to “Smaller pieces of equipment (trucks & trailers) may be store on Parcel # 113730142 provided they are located 50 feet or more from the north property line;” this distance condition for vehicle storage would help maintain the harmony with the existing character of the general vicinity. 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 existing within the area of the proposal. (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; The proposed contractor’s yard will be subject to the Pasco Municipal Code. The proposed contractor’s yard requires the storage of materials and equipment outside. There are no structures currently on the property. Properties surrounding the site have already been developed so the development of the site is unlikely to discourage development of permitted uses on the property. The value of the property in the general vicinity 5 will not be impaired by the development of the site as there is an identical specially permitted contractors’ yard directly adjacent to the east of the proposed site, owned by the applicant. Additionally, the southern side of E. A Sreet is zoned I-1 light industrial, where the permitted uses are generally more intense than those permitted in the C-3 zone. 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. (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; 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 and equipment 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. 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. (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. E. A Street is classified as a minor arterial. The City of Pasco’s Comprehensive Plan intends to concentrate commercial development around collector and arterial streets as they can sustain the additional weight and amount of traffic. The corridor along E. A Street includes a mix of commercial and industrial uses, with portions 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. 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 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. 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. APPROVAL CONDITIONS 1) The special permit shall apply to parcel# 113730133 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. 6 3) No vehicles of any weight shall be stored closer than 50’ to the northern property line. 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 7am and no later than 10pm. 6) A fifteen (15) foot wide irrigated landscape buffer containing pine trees planted at a minimum rate of one pine tree for every thirty (30) linear feet shall be located along the entire length of the wall abutting Tierra Vida subdivision and the western property boundary. Additionally, the landscape buffer shall contain shrubs equal to a rate of one shrub for every 10 feet linear feet of the buffer strip. 7) Any area of vehicle storage will require a compacted gravel, concrete, or asphalt surface. 8) The site plan shall be developed in substantial conformity to the Special Use Permit application, site plan and any building plans submitted. 9) Any modification or change in the nature, character or intensity of the use may require additional review and/or Special Use Permits. 10) Applicant shall adhere to all Federal, State and City zoning, building, fire, and safety codes. RECOMMENDATION Staff recommends approval of a Special Use Permit located at Parcel # 113730133 to allow for a contractor’s plant or yard within 300’ of a residential district with conditions as herein proposed. 3905 EAST A STREET, PASCO WA 99301 • PHONE: 509-544-0229 • FAX: 509-544-6655 3/25/2026 Planning Department, Culbert LLC is submitting a special use permit application for parcel ID number 113 730 133. A quick history is that we have pre-authorization from the city of Pasco per a settlement agreement (attached hereafter) that ensures for the same type of use on parcel 113 730 133 as we have been granted on adjacent lot parcel ID 113 730 124. Please also note the waving of permit fees in the said attached agreement. We request that the city approves this application in alignment with the executed agreement. We have included the following documents for your review. • Special use application • Settlement agreement with the city of Pasco that allows for the same use as parcel 113 730 124 • Approved plans for parcel 113 730 133 upgrades from the city of Pasco. • Approved SEPA checklist. Please call or e-mail any questions of need of additional information. Thank you, Steve Culbert C- 509-727*-7912 E-steve@culbertconstruction.com City of Pasco - Culbert LLC Settlement Agreement - 1 DRIVEWAY RELOCATION AND STREET WIDENING SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is entered into this _____ day of ____________, 2025, by and between the CITY OF PASCO, a Washington Municipal Corporation (“City”), and CULBERT, LLC, a Washington Limited Liability Company (“Culbert”). WHEREAS, Culbert owns property located at the northwest corner of E. A St. and Road 40, in Pasco, Washington; and WHEREAS, (on or about ______ date,) in connection with Culbert’s development of its above-described property, it sought a permit from the City of Pasco to install driveways to its property on the north side of E. A St., west of Road 40 within the City of Pasco, Washington; and WHEREAS, because of the increased traffic that has developed in the vicinity including, but not limited to, Amazon warehouse and shipment facilities to the south, along road 40, there is now the need for widening of streets in the vicinity of the Culbert property; and WHEREAS, a dispute arose about obligations Culbert had to contribute land for the widening to the street, or obligations for the relocation of its driveways based prior approvals; and WHEREAS, in order to resolve the dispute between Culbert and the City, both parties reached an agreement in settlement of the dispute, whereby certain property would be conveyed to the City by Culbert for street widening purposes, and Culbert, would be paid an agreed upon sum for such right-of-way and driveway relocation, and such other consideration is described herein below. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTINAINED HEREIN, it is agreed as follows: 1. As part of the City’s contribution related to the City of Pasco – Culbert LLC – Driveway Relocation and Street Widening Settlement Agreement, the City of Pasco will conduct all necessary inspections related to the relocation of the existing driveway that provides access to Parcels #113-730-124 and #113-730-142, which inspections shall be pursuant to appropriate permits issued by the City, provided that Culbert shall not be charged for the permits or the inspections. The current driveway is located on East “A” Street within the frontage of Parcel #113-730-124. Inspection services provided by the City will match the standard level of service applied to all projects in the City of Pasco. 2. With the completion of the terms of this Driveway Relocation and Street Widening Settlement Agreement, Culbert will not be responsible for any costs associated with future right-of-way improvements that may be required as part of any future onsite permit applications for Parcels #113-730-124, #113-730-142, and #113-730-133 as long as the future onsite permit applications do not substantially expand the scope and use of the current property, and Provided that the proposed use(s) comply(ies) with the conditional allowable uses outlined in the Pasco Municipal Code and is/are consistent with the use(s) 1/28/2022 August 14th City of Pasco - Culbert LLC Settlement Agreement - 2 previously approved for Parcel #113-730-124 under Special Use Permit #SP2012-002. The City of Pasco will review the applications for the Special Use Permit submitted by Culbert LLC and, if in compliance, recommend approval to the Hearings Examiner. 3. Notwithstanding the above provisions, Culbert will, however, remain financially responsible for any other right-of-way improvements that are necessary to provide access to or directly serve any of the parcels listed in this agreement. 4. No right-of-way dedication for the East “A” Street right of way will be required at this time. Should additional right-of-way become necessary, all dedications will comply with Resolution 1372. All costs of the dedication process will be borne by the City of Pasco. Dedication of the area will be made by the property owner at no-cost to the City. In exchange for any no-cost dedication, the City will waive any future need to relocate the fence from its current location on Parcels:113-730-124 and #113-730-142 or the proposed location on Parcel #113-730-133, unless such relocation of the fence is required by law, effectively creating no impact to the current or proposed on-site improvements. 5. Within Sixty (60) days of executing this Settlement Agreement a lump sum payment of $378,000.00 shall be made by the City to Culbert to cover the purchase price of the property to be conveyed to the City for right-of-way purposes, described more particularly herein on the attached EXHIBIT A, which description shall also include such other details as may relate to said property. Thereafter, within 60 (sixty) days after the demand by the City, Culbert shall convey to the City, by conveyance document acceptable to the City, the (right-of-way) property described on said EXHIBIT A 6. Time is of the essence for this agreement. 7. The new driveway for Parcel #113-130-124 will be located along the eastern property line. This driveway will allow unrestricted access, allowing both northbound and southbound entry onto Road 40 East. The approved location is as depicted on the civil plans prepared by Christine Batayola, PE, stamped and signed on April 12, 2023, under project number 22-117.1. Under no circumstances shall the driveway be constructed any closer than 220 feet from the centerline of the East “A” Street right-of-way or 180 feet from the southern property line of Culbert, LLC. 8. The conditions outlined in this agreement constitute an exclusive arrangement between the City of Pasco and Culbert LLC. These conditions are not intended to extend to future landowners and will not apply in perpetuity to the property. 9. Both parties in consideration of this Agreement, do hereby release and discharge the other of any and all claims, liabilities, causes of action, damages, losses, demands or obligations of any kind and nature related to or based upon, known or unknown, or arising out of the above-referenced property; and Culbert and the City accepts as full and final satisfaction of any claims related thereto. City of Pasco - Culbert LLC Settlement Agreement - 3 10. By entering into this Agreement, both parties expressly acknowledge that there is no admission of liability on behalf of either party except as specifically provided herein, and that this Agreement is the result of a negotiated compromise and settlement. 11. This Agreement settles, waives, releases, and forever bars any and all claims and actions at law by either party, or their successors, heirs, or assigns against the other party or their successors, heirs, or assigns arising out of the above- referenced matter, except as provided herein. This Release does not apply to any other parties. 12. Each signatory hereto represents and warrants that all necessary signatures and consents to enter into this Agreement, and to assume and perform the obligations hereunder, have been properly obtained. 13. Each term and provision of this Agreement is deemed to have been explicitly negotiated at arm's length between the parties and in all cases, shall be construed and interpreted according to the fair meaning and not strictly for or against either party, and without reference to who might have drafted the term. 14. This Agreement is entered into and shall be construed and interpreted in accordance with the laws of the State of Washington. 15. This Agreement embraces and includes the entire agreement between the parties and may not be changed except in writing signed by all parties. 16. This Agreement may be executed in counterparts. Each counterpart shall be deemed an original, all of which taken together shall be one and the same instrument. This Agreement shall become effective upon execution of the counterpart by each party and delivery to the other party. THIS IS A RELEASE IN WITNESS WHEREOF, the parties have executed this Agreement on the date designated above. CITY OF PASCO, WASHINGTON CULBERT, LLC ____________________________________ ____________________________________ Dave Zabell, Interim City Manager Steve W. Culbert, President Right of Way Acquisition – Parcel No. 113730124 The East 30.00 feet of the following described Parcel ‘A’, as measured perpendicular to the East line thereof; Parcel ‘A’ That portion of the Southeast quarter of the Southwest quarter of Section 27, Township 9 North, Range 30 East, W.M., Franklin County, Washington, described as follows: Beginning at a point on the North line of “A” Street as the same now exists, said point also being on the centerline of said Section 27; Thence Northerly along the said centerline 330.0 feet; Thence Westerly parallel with the South line of Section 27, 330.0 feet; Thence Southerly parallel with the centerline of Section 27, 330.0 feet to the North line of said “A” Street; Thence Easterly along the North line of “A” Street to the Point of Beginning. EXHIBIT A "A" STREET PARCEL NO. 113730124 TIERRA VIDA-PHASE TWO RO A D 4 0 ROAD 40 CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON CITY OF PASCO PROPOSED RIGHT OF WAY EW S N HLA 2803 River Road Yakima, WA 98902 509.966.7000 Fax 509.965.3800 www.hlacivil.comEngineering and Land Surveying, Inc. THANK YOU for your legal submission! Your legal has been submitted for publication. Below is a confirmation of your legal placement. You will also receive an email confirmation. ORDER DETAILS Order Number:IPL0351920  Parent Order #:IPL0346037  Order Status:Submitted  Classification:Legals & Public Notic… Package:TRI - Legal Ads  Site:tricity  Final Cost:$226.21  Payment Type:Account Billed   User ID:IPL0018633  ACCOUNT INFORMATION Debra Barham 525 North Third Ave. Pasco, WA 99301 509-544-3096  cityclerk@pasco-wa.gov City of Pasco TRANSACTION REPORT Date June 22, 2026 1:52:54… Amount:$226.21   SCHEDULE FOR AD NUMBER IPL03519200 PREVIEW FOR AD NUMBER IPL03519200 1.54inches x 7.11inches NUMBER IPL03519200 June 24, 2026 Tri-City Herald Print Publication << Click here to print a printer friendly version >> i-Publish AdPortal: 3.0.69 ©2026 iPublish Media Solutions, LLC Terms and Conditions®