HomeMy WebLinkAboutHE Determination SP 2021-014 Saldana Recycling CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
DECISION AND CONDITIONS
SP 2021-014 ) OF APPROVAL
Saldana )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
September 8, 2021, the Hearing Examiner having taken evidence hereby submits the following
Findings of Fact, Conclusions of Law, and Decision and Conditions of Approval as follows:
I. FINDINGS OF FACT
1. PROPERTY DESCRIPTION:
1.1 Legal: Lots 9 to 10 Block 5 Steffen's Amended Addition,together with 10' of
vacated Maitland Avenue and 10' of vacated "C" Street, of Section 32,Township 9
North Range 30 East, WM., records of Franklin County, Washington(Parcel
112352197).
1.2 General Location: 925 South Maitland Avenue.
1.3 PropeM Size: Approximately 3.36 acres(146,551.99 Square Feet).
1.4 Applicant: Emilio Saldana, 1015 N Road 55,Pasco WA 99301.
1.5 Request: Special Permit:Appliance Recycling use in an I-1 (Light Industrial)Zoning
District.
2. ACCESS: The site has access from South Maitland Avenue, and East"C" Street.
3. UTILITIES: The site is served by water service located in South Maitland Avenue and East
"C" Street, and sewer services from East"C" Street and the alley along the east property line
of the site.
4. LAND USE AND ZONING: The property is currently zoned I-1 (Light Industrial)and is
developed with a commercial repair shop structure. Surrounding properties zoned and
developed as follows:
North I-1 Commercial Repair
East 1-1 Vacant
South I-1 Commercial Repair
West I-1 Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is primarily
intended for Industrial uses.Elements of the Plan encourage the promotion of orderly
development including the development of zoning standards for off-street parking and other
development. Land Use Policy LU-1-B calls for the City to"enhance the physical appearance
of development within the community through land use regulations, design guidelines,and
performance and maintenance standards including landscaping, screening, building facades,
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color, signs, and parking lot design and appearance."Economic Development Policy ED-2-13
counsels the city to"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."
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency 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
Mitigated Determination of Non-Significance (MDNS)was issued for this project on August
18, 2021, under WAC 197-11-158.No appeal has been filed.
6.1 Mitigation: The facility must comply with all applicable Department of Ecology
regulations.
7. PROPOSAL: Applicant wishes to locate an appliance recycling use on a .49 acres
(21,553.09 square-foot)parcel in an I-1 (Light Industrial)Zoning District.
8. PROPERTY DESCRIPTION: The proposed appliance recycling use would be located at
925 South Maitland Avenue, in an industrial area at the northeast corner of East "C" Street,
and South Maitland Avenue. The site contains a single 5,146-square-foot structure built in
1981. Ten feet of each South Maitland Avenue and East "A" Street were vacated in 2009
(Ordinance 4041).
9. HISTORY: The site was added to the City in 1888 as the Steffin's Amended Addition to
Pasco. The Site was zoned R-2 with Ordinance 435 in 1938 and rezoned to M-1 in 1940
(Ordinance 448). The M-1 Zoning district was replaced with the I-1 zoning district in 1965.
The main structure was built in 1981. An addition was permitted in 2003 (permit 19872), and
a patio cover in 2004(permit 2180);the patio cover was enclosed in 2012 (Permit B12-0280).
Landscape improvements were part of the 2012 permit requirements. Those required
landscape areas have not been maintained.
10. The following uses may be permitted in the I-1 district upon approval of a special permit as
provided in Chapter 25.200 PMC:
10.1 Unclassified and other uses identified in Chapter 25.200 PMC.
11. As per PMC 25.200.020(8) "Unclassified uses" include "Landfills, garbage dumps, and
Resource Recovery Facility".
11.1 The appliance recycling use would be interpreted as a "Resource Recovery Facility"
under this definition, and as such,would require special permit review.
12. Public notice of this hearing was sent to property owners within 300 feet of the property and
in the Tri-City Herald on 27 August 2021.
13. Applicant wishes to locate an appliance recycling use in an I-1 zoning district.
14. The site is located at 925 South Maitland Avenue.
15. The site is located at the northeast corner of East"C"Street,and South Maitland Avenue.
16. The site comprises .49 acres(21,553.09 square-foot).
17. The site is zoned I-1 (Light Industrial).
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18. Ten feet of South Maitland Avenue and East"A" Street were vacated in 2009.
19. The site contains a single 5,146-square-foot structure.
20. The structure was built in 1981; an addition was permitted in 2003, and a patio cover in 2004;
the patio cover was enclosed in 2012.
21. Landscape improvements were part of the 2012 permit requirements.
22. Required landscape areas have not been maintained.
23. The site was added to the City in 1888 as the Steffin's Amended Addition to Pasco.
24. The Site was zoned R-2 in 1938.
25. The site was rezoned to M-1 in 1940.
26. The M-1 Zoning district was replaced with the I-1 zoning district in 1965.
27. "Resource Recovery Facility" may be permitted in the I-1 district upon approval of a special
permit as provided in Chapter 25.200 PMC.
28. An open record public hearing was held on September 8,2021 via Zoom videoconferencing.
29. The Applicant did not appear at the hearing. The Applicant was given notice of the date,
time, and manner of the hearing.
30. No member of the public testified at the hearing.
28. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
29. 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. Will the proposed use be in accordance with the goals, policies, objectives and text of the
Comprehensive Plan?
1.1 The Comprehensive Plan indicates the site is primarily intended for Industrial uses.
Elements of the Plan encourage the promotion of orderly development including the
development of zoning standards for off-street parking and other development.
2. Will the proposed use adversely affect public infrastructure?
2.1 The building is served by both City water and sewer services.
3. Will the proposed use be constructed, maintained, and operated to be in harmony with
existing or intended character of the general vicinity?
3.1 No construction activities are contemplated as part of this application.
4. Will the location and height of proposed structures and the site design discourage the
development of permitted uses on property in the general vicinity or impair the value thereof?
4.1 No construction activities are contemplated as part of this application.
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5. Will the operations in connection with the proposal 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?
5.1 The proposed appliance recycling use will likely create as much or less noise,fumes,
vibrations, dust, traffic, and/or flashing lights as any permitted uses within the
district.
6. Will the proposed use 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?
6.1 The proposed appliance recycling use is not likely to endanger the public health or
safety more than any permitted uses within the district.
7. As conditioned, the use is consistent with the Pasco Municipal Code and the Pasco
Comprehensive Plan.
8. 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, the Hearing Examiner APPROVES
Application SP 2021-014, subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The special permit shall apply to Parcel 112352197.
2. The facility shall comply with all applicable Department of Ecology regulations.
3. Applicant shall maintain all necessary Washington State licenses;
4. The applicant shall obtain approval from the applicable City development review process for
any structural alterations or site improvement activities.
5. Landscaping shall be restored as per PMC 25.180, and subsequently maintained in a
professional manner at all times.
6. All Stormwater must be maintained and treated on site in accordance with Department of
Ecology and City of Pasco Regulations and Standards.
7. Code compliant accessibility and egress shall be maintained at all times.
8. The special permit shall be null and void if the above conditions are not met.
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Dated this 9th day of September, 2021.
CITY OF A O HEARING EXAMINER
And 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).
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