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Home My WebLink AboutHE Determination SP 2021-019 Caliber Collision CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND CONDITIONS SP 2021-019 ) OF APPROVAL Caliber Collision ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on January 12, 2022, 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 9-16 &the southerly 10'of Lots 8 & 17,Block 116 Pasco Land Company's 1 st Addition,Together with the vacated alley adjacent and together with the north '/z of vacated Shoshone Street. Section 29,Township 9 North Range 30 East, WM.,records of Franklin County, Washington(Parcel 112104053). 1.2 General Location: 404 N. Oregon Avenue. 1.3 Property Size: .93 acres(40,500 square feet). 1.4 Applicant: Andrew Jones on behalf of Caliber Collision, 2941 Lake Vista Dr., Lewisville,TX 75067. 2. ACCESS: The site has access from North Oregon Avenue. 3. UTILITIES: The site is served by sewer and water service located in North Oregon Avenue. 4. LAND USE AND ZONING: The site is currently zoned C-3 (General Commercial)and is developed with a distribution warehouse structure. Surrounding properties zoned and developed as follows: North C-3 Commercial Repair East C-3 Vacant South C-3 Fire Station#81 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, 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 SP 2021-019 Caliber Collision Page 1 of 5 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 Determination of Non-Significance (DNS)was issued for this project on November 29, 2021, under WAC 197-11-158. 7. PROPOSAL: The Applicant wishes to renovate an existing 10,403 square-foot building on 0.93 acres into an Auto body paint and repair facility at 404 N. Oregon St. (Parcel 112104053) in Pasco, WA. 8. PROPERTY DESCRIPTION: The proposed Auto body paint and repair use would be located at 404 North Oregon Avenue, in a general commercial area. The site contains a single 10,894-square-foot structure built in 1995. 9. HISTORY: The site was added to the City in 1889 as part of the Pasco Land Company's 1 st Addition to Pasco. The Site was zoned R-2 in 1938 (Ordinance 435), to C-1 at some unknown date, and from C-1 to C-3 in 1993 (Ordinance 2924). East Shoshone Street and North Main Avenue, formerly located along the south and east property lines,were vacated in 1993 (Ordinance 2926); and 1995 (Ordinance 3121),respectively. 10. ANALYSIS: As per PMC 25.100.040(2) Auto body shops may be permitted in the C-3 district upon approval of a special permit as provided for in Chapter 25.200 PMC. Auto Body uses are regulated by PMC 25.165.200(l) as follows: "Any building to be used as an auto body shop, as defined in PMC 25.15.030, shall have a spray paint room or spray paint booth which complies with the requirements of the International Fire Code and/or International Building Code." 11. The Public Notice was mailed out and published in the Tri-City Herald on December 20, 2021. 12. Applicant wishes to locate an auto body paint and repair use in a C-3 zoning district. 13. The site is located at 404 North Oregon Avenue. 14. The site comprises .93 acres (40,500 square-feet). 15. The site is zoned C-3 (General Commercial). 16. The site contains a single 10,894-square-foot structure. 17. The structure was built in 1995. 18. The site was added to the City in 1889 as part of the Pasco Land Company's 1 st Addition to Pasco. 19. The Site was zoned R-2 in 1938. 20. The site was rezoned to C-1 at some unknown date between 1939 and 1993. 21. The site was rezoned from C-1 to C-3 in 1993. 22. East Shoshone Street was vacated in 1993. 23. North Main Avenue was vacated in 1995. SP 2021-019 Caliber Collision Page 2 of 5 24. As per PMC 25.100.040(2) Auto Body shops require Special Permit review in the C-3 district. 25. Auto Body uses are regulated by PMC 25.165.200(1). 26. As per PMC 25.165.200(1) Auto Body uses require an IFC/IBC-approved spray paint room/booth. 27. An open record public hearing after due legal notice was held January 12, 2022 via Zoom videoconference. 28. Appearing and testifying on behalf of the applicant was Brett Florey. Mr.Florey testified that he was an agent authorized to appear and speak on behalf of the property owner and Applicant. Mr. Florey indicated that he had no objection to any of the proposed Conditions of Approval. He stated that all work and all painting would occur inside the structure. 29. No member of the public appeared at the hearing. 30. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 31. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. H. CONCLUSIONS OF LAW Before recommending approval or denial of the proposed plat the Hearing Examiner must develop findings of fact from which to draw its conclusion(PMC 25.200.080 and 25.200.100)therefrom as follows: 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. 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 The construction activities contemplated as part of this application are primarily for renovation. All construction activities would be subject to City of Pasco Building regulations. The Comprehensive Plan indicates the site is primarily intended for Industrial uses. 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 The construction activities contemplated as part of this application are primarily for renovation. All construction activities would be subject to City of Pasco Building regulations. The Comprehensive Plan indicates the site is primarily intended for Industrial uses. Surrounding sites are already developed. SP 2021-019 Caliber Collision Page 3 of 5 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 Auto body paint and repair may create more noise, fumes, vibrations, dust, traffic, and/or flashing lights as permitted uses within the district. The Special Permit review process and Pasco Municipal Code (PMC) 25.165.200 allow the city to impose mitigating conditions on the proposed use. 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 Auto body paint and repair use has the potential to endanger the public health or safety somewhat more than permitted uses within the district if conducted contrary to applicable regulations. The Special Permit review process allows the city to impose mitigating conditions on the proposed use. 7. 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 2021-019, subject to the following Conditions of Approval. IV. CONDITIONS OF APPROVAL 1. The special permit shall apply to Parcel 112104053. 2. The applicant shall obtain approval from the applicable City development review process for any structural alterations or site improvement activities. 3. Applicant shall install and maintain an IFC/IBC-approved spray paint room or spray paint booth and related equipment, as required by federal,state,and local regulating agencies. 4. The facility shall comply with all applicable Department of Ecology regulations. 5. Applicant shall obtain/maintain all necessary Washington State licenses. 6. Landscaping shall be maintained in a professional manner at all times as per PMC 25.180. 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. Dated this 18th day of January, 2022. CIT �O ARING EXAMINER rew L. Kottkamp SP 2021-019 Caliber Collision Page 4 of 5 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 2021-019 Caliber Collision Page 5 of 5