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HomeMy WebLinkAboutSP 2026-006 - DECISIONSP 2026-006 Culbert Contractors Yard Page 1 of 6 CITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) ) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND SP 2026-006 ) DECISION AND Culbert Contractors Yard ) CONDITIONS OF APPROVAL THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on July 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 1. BACKGROUND 1.1. Proponent & Applicant: Steve Culbert, 3905 E. A Street, Pasco, Washington 99301. 1.2. Proposal: Special Permit to develop a contractor’s plant or storage yard within 300 feet of a residential district. 1.3. Procedural Timeline: 1.3.1. April 20, 2026: Application submitted. 1.3.2. June 8, 2026: Application deemed complete. 1.3.3. June 22, 2026: SEPA Determination of Non-Significance (DNS) issued. 1.3.4. 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. 1.3.5. June 29, 2026: Public Hearing Staff Report Published 1.4. 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 Determination of Non-Significance (DNS) was issued for this project on June 22, 2026 (SEPA2026-010), under WAC 197-11-355. 1.5. History 1.5.1. The site was annexed into the City on July 18, 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. 1.5.2. SEPA permit (SEPA 08-19) was issued a DNS for the improvement of E. A Street along the southern boundary of the property on July 10, 2008. 1.5.3. SEPA permit (SEPA 2022-116) was issued a Mitigated Determination of Non-Significance (MDNS) for excavation of material and back fill on January 17, 2023. 2. PROPERTY DESCRIPTION 2.1. Abbreviated Legal: SHORT PLAT 78-25 LOT 1. SP 2026-006 Culbert Contractors Yard Page 2 of 6 2.2. Location: An unaddressed lot between 3713 and 3905 E. A Street. (Parcel# 113730133), Pasco, WA 99301. 2.3. Property Size: 1.00 acres (43,571.95 Square Feet). 2.4. Access: The site is currently accessed from E. A Street located on the southern property line. 2.5. 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 as it remains undeveloped. 2.6. Land Use and Zoning: The property is zoned C-3 (General Business) and is currently undeveloped (bare ground). 2.7. Surroundings: 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 2.8. 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. 3. OPEN RECORD PUBLIC HEARING 3.1. An open record public hearing was held on July 8, 2026, pursuant to the notice published and mailed on June 24, 2026. 3.2. Applicant Steve Culbert appeared and testified on his own behalf. Mr. Culbert testified, in summary: 3.2.1. He had reviewed the Staff Report (Ex. 1) prior to the hearing. 3.2.2. He agreed with the factual representations of the Staff Report (Ex. 1). 3.2.3. He did not object to any of the recommended Approval Conditions in the Staff Report (Ex. 1). 3.2.4. In his years operating Culbert, LLC, on the parcel adjacent to the east of the proposal site, he has received no complaints from the business’s neighbors, and no citations from the City. 3.2.5. Mr. Culbert instructs new employees during training/orientation to be conscious of the residential neighbors to the north. 3.3. No member of the public testified at the hearing. SP 2026-006 Culbert Contractors Yard Page 3 of 6 3.4. The following exhibits were received in the evidentiary record without objection: 3.4.1. Ex. 1 Staff Report 3.4.2. Ex. 2 Application Materials 3.4.3. Ex. 3 SEPA DNS 3.4.4. Ex. 4 Noticing Documents 3.4.5. Ex. 5 Maps 3.4.6. Ex. 6 Resolution 3385 4. PMC 25.200.080 FINDINGS: 4.1. The proposal IS in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan. In particular, the proposal supports the following policies found within the Comprehensive Plan: 4.1.1. 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. 4.1.2. Goal LU-6: Encourage distinctive quality community and regional commercial and industrial developments that support the city’s overall development goals. 4.1.3. Policy LU-6-A: Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability. 4.2. The proposal will NOT adversely affect public infrastructure. There is suitable access to the site from E. A Street. Adequate municipal sewer is available along the frontage of the property on E. A Street. Adequate 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, and warehouses. Planning Staff agreed that the proposed use will not increase the need for infrastructure improvements and is unlikely to adversely impact the existing infrastructure. 4.3. The proposal WILL be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity. 4.3.1. 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. Residential neighbors have not complained about the existing storage yard, and raised no complaints or concerns in proceedings on this application. 4.3.2. 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. 4.3.3. 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 SP 2026-006 Culbert Contractors Yard Page 4 of 6 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.” 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.” Continuation of this distance condition for vehicle storage would help maintain harmony with the existing character of the general vicinity. 4.3.4. Conditions of Approval can adequately address the risk that maintenance and operation of the proposed contractor’s yard may interfere with the harmony of the general vicinity through excess noise from the movement and storage of product, hours of operations, or unpleasant sights from material storage or stockpiles. Planning Staff believe the recommended Approval Conditions in the Staff Report (Ex. 1) are sufficient to ensure that the proposed contractor’s yard would be in harmony with the mixed commercial, residential, and industrial character existing within the area of the proposal. 4.4. The location and height of proposed structures and the site design will NOT discourage the development of permitted uses on property in the general vicinity or impair the value thereof. 4.4.1. The proposed contractor’s yard will be subject to the Pasco Municipal Code. The proposed contractor’s yard involves outdoor storage of materials and equipment. There are no structures currently on the property. 4.4.2. 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. 4.4.3. The value of the property in the general vicinity will not be impaired by the development of the site as there is an identical specially permitted contractor’s yard directly adjacent to the east of the proposed site, owned by the applicant. 4.4.4. Additionally, the southern side of E. A Street is zoned I-1 (Light Industrial), where the permitted uses are generally more intense than those permitted in the C-3 zone. 4.5. The operations in connection with the proposal will NOT 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. 4.5.1. 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. 4.5.2. 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 SP 2026-006 Culbert Contractors Yard Page 5 of 6 city, and 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. 4.5.3. 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. 4.6. The proposal will NOT 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. 4.6.1. The 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. 4.6.2. The C-3 district allows contractor plants and storage yards outright when located more than 300 feet from a residential district. With appropriate conditions, 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 case, the factor requiring a special permit is proximity to another zoning district, not the nature of the use itself. 4.6.3. The proposal will be conditioned on compliance 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. 5. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 6. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II. CONCLUSIONS OF LAW 1. Per Pasco Municipal Code (PMC) 25.100.040(4), a contractor’s plant or storage yard within 300 feet of a residential district requires a special permit. 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. 3. The Hearing Examiner has been granted the authority to render this decision. 4. As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal Code. 5. 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 2026-006 is hereby APPROVED subject to the following Condition of Approval. SP 2026-006 Culbert Contractors Yard Page 6 of 6 IV. CONDITIONS OF APPROVAL 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. 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. Dated this 16th day of July, 2026. CITY OF PASCO HEARING EXAMINER PRO TEM __________________________________________ Jay D. Eyestone Absent a timely appeal, this Decision is final 1 1 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).