HomeMy WebLinkAboutHE Determination SP 2022-010 COP Zone 3 Reservoir CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
DECISION AND CONDITIONS
SP 2022-010 ) OF APPROVAL
CITY OF PASCO )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
August 10,2022,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 A Portion of Farm Unit 78,First Revision of Farm Unit Plat,Irrigation Block 1,
according to the plat thereof recorded in Volume B of Plats,page 79, Records of
Franklin County, Washington, located in the Northeast Quarter of the Southwest
Quarter of Section 5,Township 9 North, Range 29 East, Willamette Meridian,
Franklin County Washington, more particularly described as Follows:
Commencing at the Northwest Corner of said Section 5, marked by a 3-inch brass
cap in case at Dent Road centerline stamped: "Fc Pw Crp 593 2012 Ls 38481"per
that survey recorded under Franklin County Auditor's File Number 1788906; thence
North 89°07'41" East along the north line of said Section 5 a distance of 2,662.22 feet
to the North Quarter thereof,marked by a United States Department of Interior 2.5-
Inch brass cap in case,with no punch and no lid;thence South 01'01'17" West along
the center of section line a distance of 3,724.21 feet to the True Point of Beginning;
Thence continuing South 01°01'17" West along said center of section line a distance
of 300.10 feet to its intersection with the south line of the North Half of the
Southwest Quarter of said Section 5;thence South 89°32'18" West along said south
line a distance of 275.09 Feet;thence North 0l°01'17" East a distance of 300.10 Feet;
thence North 89°32'18" East a distance of 275.09 Feet to the True Point of Beginning.
Having an area of 82,528 square feet, 1.89 acres,more or less. Subject to easements,
reservations and restrictions of record. (Franklin County Tax Parcel# 115170048).
1.2 General Location: Approximately 690'west of the Road 90 right of way and 1,250'
north of the Burns Road right of way.
1.3 Property Size: Approximately 1.89 acres(82,528 square feet).
2. ACCESS: The site has no direct access.A 20' wide temporary construction access easement
will be provided from Broadmoor Boulevard.A 20' wide access road will be provided
heading east to the Road 90 Right-of-Way and south in the Road 90 Right-of Way to connect
to the existing Road 90.
SP 2022-010
City of Pasco
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3. UTILITIES: Any required utilities will be brought to the site in a 30' permanent utility
easement extending east to the future extension of Road 90. While this project location could
be served by the City of Pasco Sanitary Sewer System, connection is not necessary as no
waste will be generated or discharged by this project.
4. LAND USE AND ZONING: The property has recently been annexed into the City and the
zoning is in the process of being determined; it will likely be assigned RT (Residential
Transition)zoning. The site is vacant. Surrounding properties zoned as follows:
North (TBD) Crop Pivots
East (TBD) Crop Pivot
South R-1 Columbia River Elementary and Ray Reynolds Middle Schools
West (TBD) Crop Pivot
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for
Low-Density Residential uses.Utilities Goal UT-1 admonishes the City to "provide adequate
utility services to the UGA to assure that the anticipated 20-year growth is accommodated."
Utilities Policy UT-1-A: requires the City to"[ejnsure that public water and sewer services
are available concurrently with development in the urban growth area."Utilities Policy UT-1-
B impels the City to"[p]rioritize investments in public water and sewer system improvements
to support planned development within the urban growth area."
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 July 27,2022, under
WAC 197-11-158. This DNS was not appealed.
7. PROPOSAL: The Applicant, Brian Cartwright, on behalf of the City of Pasco, has submitted
a Special Permit Application to construct a 3.5-million-gallon elevated domestic water
reservoir on a 1.89 acre site. The project also extends a 24" diameter non-dedicated
transmission main. An onsite retention pond designed to convey site run off and used for
emergency overflow will also be constructed.
8. SITE: The proposed facility would be on a 1.89-acre site The facility would be located
approximately 690' west of Road 90 and 1,250' north of Burns Road. The grading on the site
will be balanced. No fill will be required outside of engineered bases for foundations and
asphalt base. The foundation and retention pond will generate roughly 10,000 cubic yards,
which will be graded on site. An archaeological action plan was implemented during on site
investigation with no evidence of significance found.
9. HISTORY: The site is part of a series of large crop pivots that have been under irrigation for
many years, and recently purchased by the City of Pasco. The site is part of the 2022
Eickmeyer-Roundy Annexation (ANX 2022-002;Ordinance 4591;effective May 31, 2022).
A short plat application was submitted to Franklin County to subdivide the project site from
the parent parcel. Subsequent to annexation the County plat application (SP 2022-12) was
withdrawn, and a short plat application was submitted to the City of Pasco. Recording of the
plat is anticipated in the next few weeks. A historical assessment was made during initial site
selection with no evidence of historical significance found.
SP 2022-010
City of Pasco
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10. The Zone 3 Reservoir will be located on a currently undeveloped property that is being
purchased by the City. It is located north of Burns Road and is accessed from Road 90. The
property will be the southeast corner of privately owned parcel no. 115170048, which has an
address of 541 Dent Road. All improvements would take place in the northeast corner of the
southwest quarter of Township 9, Range 29, Section 5; approximately 690' west of the Road
90 right of way and 1,250'north of the Burns Road right of way.
11. Potable water will be supplied by the City of Pasco to the site,coming north from the existing
end of Road 90 continuing to the end of the right-of-way east of the property, and then west
to the project site. Electrical service will be provided by Big Bend Power Company and will
follow a similar alignment to the site.No other utilities are proposed to the site.
12. Approximately 20% of the site will be covered with impervious surfaces after project
construction. Stormwater is anticipated to run off from the impervious surfaces on site,
including the access driveway and the reservoir itself. Stormwater is anticipated to be
infiltrated onsite. An adequately sized storm water pond will be constructed with the project
to retain and infiltrate all water generated by the site.
13. Approximately 1.89 acres of various native and non-native grasses and shrubs will be
removed to construct the proposed reservoir and associated improvements. Landscaping will
comply with City of Pasco requirements.
14. The completed project will use electricity to monitor reservoir levels, operate valves, and
provide lighting on site. The design of the tank will utilize head to pressurize water entering
the domestic water system, eliminated the need for powered booster pumps.
15. The completed reservoir will be 165' tall steel shell with an aesthetically appealing, high-
performance coating.
16. Site lighting to provide emergency work lighting as well as security lighting will be installed
as part of this project. Lighting will illuminate the site from sunset to sunrise. Lighting will
adhere to City of Pasco Municipal Code requirements.
17. This site will be designed to be self-sustaining and monitored remotely through the City's
Supervisory Control and Data Acquisition (SCADA) system. Site access is anticipated to be
less than 4 times per month.
18. Public notice of this hearing was sent to property owners within 300 feet of the property and
the Tri-City Herald on 13 July 2022.
19. Applicant wishes to construct a 3.5-million-gallon elevated domestic water reservoir.
20. Proposed site is 1.89 acres.
21. The project includes the extension of a 24" diameter non-dedicated water transmission main.
22. A site runoff retention pond would also be constructed.
23. The site is west of Road 90 and north of Burns Road.
24. An archaeological action plan was implemented during on-site investigation
25. No evidence of artifacts was found.
26. The site is part of a series of large crop pivots
27. The site was recently purchased by the City of Pasco.
28. The site is part of the 23 July 2022 Eickmeyer-Roundy Annexation(Ordinance 4591).
SP 2022-010
City of Pasco
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29. A short plat application to subdivide the project site from the parent parcel was submitted to
Franklin County.
30. The Franklin County Short Plat application was withdrawn on or about July 13, 2022.
31. A short plat application has been submitted to the City of Pasco on July 14, 2022.
32. Recording of the plat is anticipated in the next few weeks.
33. Potable water will be supplied by City of Pasco water treatment facilities to the site.
34. Electrical service will be provided by Big Bend Power Company.
35. No other utilities are proposed to the site.
36. Approximately 20% of the site will be covered with impervious surfaces after project
construction.
37. Stormwater will be infiltrated onsite.
38. A storm water pond will retain and infiltrate all water generated by the site.
39. Approximately 1.89 acres of native and non-native vegetation will be removed during
construction.
40. Landscaping will comply with City of Pasco requirements.
41. The completed project will use electricity to monitor reservoir levels, operate valves, and
provide lighting on site.
42. The tank will use head pressure to pressurize water entering the domestic water system.
43. No powered booster pumps will be required to pressurize the domestic water system.
44. The completed reservoir will be 165'tall.
45. The tower will be a steel shell with an aesthetically appealing,high-performance coating.
46. Site lighting will be installed for emergency work and security lighting.
47. Lighting will illuminate the site from sunset to sunrise.
48. Lighting will adhere to City of Pasco Municipal Code requirements.
49. The site will be designed to be self-sustaining.
50. The site will be monitored remotely through the City's SCADA system.
51. Site is anticipated to be accessed less than 4 times per month.
52. An open record public hearing after due legal notice was held August 10, 2022, with the
Applicant, staff and public appearing in person, and the Hearing Examiner appearing via
Zoom videoconference.
53. Appearing and testifying on behalf of the property owner was Maria Serra.Ms. Serra testified
that she was an agent of the property owner and was authorized to appear and speak on the
property owner's behalf. She discussed the present and future need for the water storage.
54. No member of the public testified.
55. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
SP 2022-010
City of Pasco
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56. 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 Low-Density
Residential uses. Utilities Goal UT-1 admonishes the City to "provide adequate
utility services to the UGA to assure that the anticipated 20-year growth is
accommodated." Utilities Policy UT-1-A: requires the City to "[e]nsure that public
water and sewer services are available concurrently with development in the urban
growth area." Utilities Policy UT-1-B impels the City to "[p]rioritize investments in
public water and sewer system improvements to support planned development within
the urban growth area."
2. Will the proposed use adversely affect public infrastructure?
2.1 The proposed water tower will have a positive effect on the City's water system in
that it is an improvement to public infrastructure. The reliability and safety of the
City water system will be maintained.
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 Utility equipment,substations,booster station, lift station and reservoirs are all found
within or near residential areas because they are needed to provide service to the
public.
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 Without safe clean water and fire protection there would be no development on
adjoining properties. Other water towers rarely discourage development on nearby
properties.
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 water tower will not create fumes dust or additional traffic.
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 water tower is designed to improve the general welfare of the community.
7. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
SP 2022-010
City of Pasco
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III. DECISION
Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner APPROVES
Application SP 2022-010, subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
All conditions imposed by this decision shall be binding on the applicant, which includes the owner
or owners of the properties,heirs, assigns, and successors.
1. The special permit shall apply to Parcel 115170048
2. The tank shall be constructed in substantial conformance with the site plan submitted with the
application
3. The special permit shall be null and void if the proposed improvements are not made within
two years from the date of approval.
Dated this 23rd day of August,2022.
CITY P SCO HEARING EXAMINER
A rew L.Kottkamp
Absent a timely appeal,this Decision is finals
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 2022-010
City of Pasco
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