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HomeMy WebLinkAboutSP 2026-009 final decisionCITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, SP 2026-009 ) DECISION AND Jafar ) CONDITIONS OF APPROVAL THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on October 14, 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. Applicant: Anwar Jafar, 1719 W 5th Pl, Kennewick, WA 99336. 2. Request: Special Permit: To permit a small used motor vehicle dealership in suite 104 of an existing commercial building. 3. Timeline: July 30, 2026 Application Submitted August 21, 2026 Application Deemed Complete September 30, 2026 Notice of Public Hearing for SP2026-009 scheduled for September 28, 2026, was posted on the City of Pasco website, published in the Tri-City Herald Newspaper, and mailed to properties owners within 300 feet of the proposal. October 7, 2026 Public Hearing Staff Report Published 4. PROPERTY DESCRIPTION: 4.1. Abbreviated Legal: SHORT PLAT 84-6 LOT 2 4.2. Site Location: 1828 W Lewis ST. Suite 104. (Parcel# 112230201), Pasco, WA 99301 4.3. Prone _ Size: 1.01 acres (43,906.86 Square Feet). ACCESS: The site is currently accessed from a driveway off of W Lewis St. north of the suite and S. 18th Ave. east of the suite. 6. UTILITIES: Municipal water is available in W Lewis St to the north. Municipal sewer is available in S 18th Ave. to the east. The site is currently served by both municipal water and sewer. 7. ZONING AND LAND USE: The property is zoned C-1 (Retail Business) and is developed with an approximately 10,645-square-foot building containing four business suites. The proposed use would occupy the only suite located at the rear of the building. Surrounding properties are zoned and developed as follows: Direction Zone Current Development SP 2026-009 Jafar Page 1 of 7 North C-3 Apartment Complexes East C-1 Various small businesses within a commercial building complex South C-3 Electric supply company and contractor storage yard West C-1/C-3 Undeveloped parcel 8. COMPREHENSIVE PLAN: 8. L The Comprehensive Plan designates the location as "Commercial" 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. 9. ENVIRONMENTAL REVIEW (SEPA): 9.1. The Special Permit is exempt from SEPA review pursuant to WAC 197-11-800(6)(b), as the proposed use will occur within an existing building and will not involve alterations that would change the character of the building or otherwise remove the proposal from the applicable categorical exemption. 10. BACKGROUND 10.1. Request 10.1.1. The applicant proposes to permit a small used motor vehicle dealership in suite 104 of an existing commercial building. 10.2. Site 10.2.1. The building is comprised of four suites with suite 104 being the only suite located in the back of the building with no street frontage. The building was constructed in 1988 and is approximately 10,645 square feet. The building has undergone several minor and major remodels. Various businesses have occupied the suites. Currently, the other businesses that occupy the front of the building facing W Lewis St is a message therapist, youth mentorship services, and a beauty supply store. The parcel is approximately 1.01 acres in size. The site currently has a parking lot with +/- 45 parking spaces, with approximately 20 of the 45 graveled spaces located behind the building. Suite 4 has an office and a garage totaling 1,300 square feet and a 700 square foot fenced yard. The proposed dealership requires approximately 4.3 parking spaces and will provide six dedicated spaces, with vehicle inventory stored separately within the fenced portion of the site. The proposed use therefore meets the applicable parking requirements. 10.3. History 10.3.1. The site was originally platted in 1888 under the Columbia River Addition. Then, the parcel was re -platted on June 25, 1950 under the Re -Plat of Columbia River Addition. 10.3.2. The site was annexed into the City on April 3, 1961. The site was assigned C-1 zoning in 1961 (Ordinance 1028) in conjunction with the 1961 annexation. 10.3.3. The building was constructed in 1988. Between the years of 2006 — 2022, the building underwent several interior remodels and cosmetic alterations. SP 2026-009 Jafar Page 2 of 7 10.3.4. According to license records, 23 business licenses have been applied for on subject parcel. Previous businesses have been retail store for cosmetics, tax services, auto detail, accountant, boxing club, wholesale, wireless sales, computer retail, and electrical contractor office. 10.3.5. The building directly east of the subject building that shares an access easement, had a special permit approved for a car dealership in 2022 (SP2022-025). The car dealership is no longer active at that location. 10.4. Land Use Regulations 10.4.1. Per Pasco Municipal Code (PMC) 25.85.040(2) retail automobile sales require a special permit provided they meet the requirements in subsection PMC 25.85.040(2)(a)(i) & (ii) that the property is located east of Highway 395 and either adjacent to the intersection of two arterial streets, or adjacent to a single arterial street; provided, that it is not adjacent to or across a public street right-of-way from a residential district; and not located closer than 300 feet to any existing car lot. 10.4.2. The proposed use is located east of Highway 395, and adjacent to a single arterial street, but not adjacent to or across a public street right-of-way from a residential district; and not located closer than 300 feet to any existing car lot. 10.4.3. 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. 11. An application was submitted on July 30, 2026. 12. 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 September 30, 2026. 13. The proposed auto sales use would be located in a general commercial area and located at the back of the commercial building, without facing any public streets. 14. The proposed site is Parcel # 112230201 in Pasco, WA. 15. The site was added to the town of Pasco in 1888 as part of the Columbia River Addition to Pasco. 16. The site was annexed into the City of Pasco in 1961. 17. The site is zoned C-1 (Retail Business). 18. The site was developed as commercial building with multiple suites in 1988. 19. Conditional uses in the C-1 zoning district may be permitted through the Special Permit process. 20. As per PMC 25.85.040(2)(a)(i) and (ii) retail automobile sales are allowed in the C-1 zoning district as a "Conditional Use," provided 20.1. the property is located east of Highway 395 and either 20.1.1. adjacent to the intersection of two arterial streets, or 20.1.2. adjacent to a single arterial street; provided, that it is not adjacent to or across a public street right-of-way from a residential district; and 20.2. not located closer than 300 feet to any existing car lot. 21. The proposed use is adjacent to a single arterial street. 22. The proposed use is not adjacent to or across a public street right-of-way from a residential district. 23. The proposed use is not located closer than 300 feet to any existing car lot. SP 2026-009 Jafar Page 3 of 7 24. 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: 24.1. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; 24.1.1. This special permit is in conformance with the Comprehensive Plan. The Comprehensive Plan indicates the site is primarily intended for Commercial uses. The property is zoned C-1 (Retail Business). The existing structure was built in 1988. 24.1.2. 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. 24.1.3. Goal LU-6: Encourage distinctive quality community and regional commercial and industrial developments that support the city's overall development goals. 24.1.4. Policy LU-6-A: Encourage commercial and higher -density residential uses along major corridors and leverage infrastructure availability. 24.2. The proposal will adversely affect public infrastructure; 24.2.1. Access to the site is currently established from W. Lewis Street. The site is served by existing City utilities, including municipal water and sewer. W. Lewis Street is identified in the City of Pasco Transportation System Master Plan (TSMP) as a principal arterial. Principal arterials are intended to accommodate higher volumes of traffic, connect major activity centers, and provide for regional traffic movement. The limited additional vehicle trips associated with the proposed small motor vehicle dealership are not anticipated to materially affect the operation or capacity of the existing transportation system. 24.2.2. The proposed use is located within an existing commercial building and does not appear to place a greater demand on existing water, sewer, or other public infrastructure than other uses permitted within the C-1 (Retail Business) district. Therefore, staff finds that the proposal will not increase the need for infrastructure improvements and is unlikely to adversely affect existing public infrastructure. 24.3. The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; 24.3.1. The proposed dealership would be in harmony with the surrounding uses as the general character of the area is retail commercial. The properties in the general vicinity are a mixture small retail business, wholesale, commercial, and high -density residential uses. Properties to the north although zoned as C-3 (General Business District), have multifamily housing units. West, east, and south of the proposal are retail commercial uses. W Lewis St. 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 transportation corridors. The property is currently screened along the western boundary with a chain link fence and landscaping that has well established deciduous and evergreen trees, shrubs, and decorative rock. 24.4. 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; 24.4.1. The proposed used motor vehicle dealership would be consistent with the existing and intended character of the general vicinity. The surrounding area contains a mixture of retail, commercial, wholesale, and high -density residential uses. Properties to the east, west, and SP 2026-009 Jafar Page 4 of 7 south are primarily developed with retail and commercial uses. Properties to the north are zoned C-3 (General Business District), although some are currently developed with multifamily residential uses. 24.4.2. W. Lewis Street is classified as a principal arterial, and the City of Pasco Comprehensive Plan encourages commercial and higher -density residential development along major transportation corridors. The proposed dealership would operate from an existing commercial building within the C-I (Retail Business) district and would not substantially alter the existing commercial character of the site or surrounding area. 24.4.3. The property also includes existing screening along the western boundary consisting of a chain -link fence and established landscaping, including deciduous and evergreen trees, shrubs, and decorative rock. Based on the existing development pattern, surrounding land uses, and the limited nature of the proposed use, staff finds that the proposal will be maintained and operated in harmony with the existing and intended character of the general vicinity. 24.5. 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; 24.5.1. Examples of uses permitted outright within the C-1 (Retail Business) district include automobile detail shops, automobile rental or leasing establishments, hotels and motels, car washes, and restaurants. These permitted uses may generate noise, fumes, vibrations, dust, traffic, lighting, and other impacts at levels comparable to or greater than those anticipated from the proposed small used motor vehicle dealership. 24.5.2. The proposed dealership will operate from an existing commercial building, with Suite 104 located at the rear of the building and not directly visible from adjacent public streets. The proposed use is limited in scale and is not anticipated to generate substantial noise, fiunes, vibrations, dust, traffic, or flashing lights beyond those ordinarily associated with uses permitted within the C-I district. 24.5.3. The surrounding area also contains zoning that allows more intensive commercial uses, including contractor storage yards, automobile repair and service establishments, wholesale uses, and service stations, which may generate similar or greater impacts. Based on the nature and scale of the proposed dealership and the range of uses permitted within the surrounding commercial districts, staff finds that the operation of the proposal will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than the operation of uses otherwise permitted within the district. 24.5.4. The Institute of Transportation Engineers (ITE) Trip Generation Manual, 12th Edition, provides estimated PM peak -hour trip generation rates for the existing and proposed uses. Based on these rates, the existing 1,300-square-foot beauty supply store is estimated to generate approximately 9 PM peak -hour vehicle trips, while the 1,400-square-foot general office occupied by the Big Joe organization is estimated to generate approximately 2 PM peak -hour vehicle trips. By comparison, a used automobile dealership occupying approximately 1,300 square feet is estimated to generate approximately 5 PM peak -hour vehicle trips. Based on the anticipated trip generation and the traffic associated with other uses permitted within the C-1 district, staff finds that traffic generated by the proposed dealership would not be more objectionable than traffic generated by other permitted uses within the district. 24.5.5. The site currently provides approximately 45 parking spaces. Based on the applicable parking standard of one space per 300 square feet of floor area for general retail uses, the SP 2026-009 Jafar Page 5 of 7 existing building requires approximately 40 parking spaces. The existing parking area therefore provides sufficient parking to meet the overall parking requirement for the building. 24.5.6. Based on the floor area associated with the proposed dealership, a minimum of approximately 4.3 parking spaces is required. The applicant proposes six parking spaces for the dealership, exceeding the minimum parking requirement. Additional space for vehicle inventory will be provided within the fenced portion of the site and will be separate from the required customer and employee parking. Based on the limited size and nature of the proposed use, the availability of parking on the overall site, and the parking provided specifically for the dealership, staff finds that the proposal meets the applicable parking requirements and is not anticipated to adversely affect parking availability for other businesses on the site. 24.5.7. Fumes, vibrations, and dust are unlikely to be generated from this proposed auto sales in a manner that would be more significant than other uses in the C-1 district. 24.5.8. Staff finds that, as conditioned, the proposal will not be more objectionable to nearby properties than the operation of any permitted use within the district. 24.6. 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. 24.6.1. The proposed Auto Sales use would not likely endanger the public health or safety more than permitted uses within the district. The Special Permit review process allows the city to impose mitigating conditions on the proposed use. 24.6.2. The proposal, as conditioned, will not endanger public health or safety, nor will it become a nuisance in the proposed location. 24.6.3. The proposal must comply with all relevant provisions of the Pasco Municipal Code. Any violations would trigger enforcement and corrective action. 25. An open record public hearing was held, after legal notice, on October 14, 2026. 26. Appearing and testifying on behalf of the Applicant was Anwar Jafar. Mr. Jafar testified that he is the applican. 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. 27. No member of the public testified at the hearing. 28. The following exhibits were admitted into the record: 28.1. Ex.l Maps 28.2. Ex. 2 Preliminary Site Plans 28.3. Ex.3 Application 28.4. Ex. 4 Public Notices 28.5. Ex. 5 Staff Report 28.6. Ex. 6 Staff Power Point 29. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this decision. 30. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. H. CONCLUSIONS OF LAW SP 2026-009 Jafar Page 6 of 7 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 2026-009 is hereby APPROVED subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL 1. The special permit shall apply to Parcel 112230201. 2. All lighting shall be directed downward and shielded in such a way that no light from the development encroaches onto another property, per Pasco Municipal Code 12.32. 3. A minimum of one space for each 300 square feet of floor area shall be reserved for customer parking. 4. All required improvements and modifications shall be completed prior to the issuance of a City of Pasco Business License for the car sales activity. 5. The parking area shall be maintained in such a manner to control erosion and dust per PMC 25.180.050(5). 6. The site plan shall be developed in substantial conformity to the Special Use Permit application, site plan and any building plans submitted. 7. Any modification or change in the nature, character or intensity of the use may require additional review and/or Special Use Permits. 8. The Applicant shall adhere to all Federal, State and City zoning, building, fire, and safety codes. 9. The special permit shall be null and void if the above conditions are not met. Dated this day of October, 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). SP 2026-009 Jafar Page 7 of 7