HomeMy WebLinkAboutHE Determination SP 2022-024 Kidwell Concrete Plant CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
CONDITIONS OF APPROVAL AND
DECISION
SP 2022-024 )
Tom Kidwell Family,LLC )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on April
12, 2023, the Hearing Examiner having taken evidence hereby submits the following Findings of
Fact, Conclusions of Law, and Decision as follows:
I. FINDINGS OF FACT
1. LML BINDING SITE PLAN 2016-01;PORTION OF LOT 4 DAF: Beginning at the
Northwest corner of said Section 27; Thence North 89020'33"East along the North line of
said Section 27, 823.81 feet to the Easterly Right-of-Way line of Commercial Avenue;
Thence along said Easterly Right-of-Way line along the arc of a 575.00 foot radius non-
tangent curve to the right the long chord of which bears South 12002'43"West for a chord
distance of 126.57 feet,through a central angle of 12°38'16"for an arc distance of 126.83
feet to the TRUE POINT OF BEGINNING;Thence continuing along said Easterly Right-of-
Way line along the arc of a 575.00 foot radius tangent curve to the right the long chord of
which bears South 21°52'22"West for a chorddistance of 70.38 feet,through a central angle
of 07°01'03" for an arc distance of 70.43 feet; Thence North 89'19'15" East, 497.92 foet;
Thence South 00°40'45"East, 380.02 feet; Thence North 89'18'19"East, 247.53 feet;
Thence South 01'02'14"East, 722.06 feet to the South line of said Lot 4;Thence North
89'19'15"East along the South line of said Lot 4, 1100.07 feet to the Westerly Right-of-Way
line of Commercial Avenue; Thence North 01°00'11"West along the West Right-of-Way
line of Commercial Avenue, 30.00 feet to the South line of Lot 1 of Short Plat 98-03
according to the Short Plat thereof recorded under Volume 1 of Short Plats at Page 453
records of Franklin County,Washington. Thence South 89'19'15"West along the South line
of said Lot 1 and Lot 2 of said Short Plat,560.11 feet to the Southwest corner of said Lot 2;
Thence North 33°30'00"East along the Westerly line of said Lot 2, 812.26 feet to the
Northwest corner thereof, Thence North 89019'15"East along the Northerly line of said Lot
2, 100.00 feet to the Westerly Right-of-Way line of Commercial Avenue; Thence North
01°00'11"West along the Westerly Right-of-Way line of Commercial Avenue, 100.12 feet;
Thence South 88°56'00"West along the Westerly Right-of-Way line of Commercial Avenue,
10.56 feet;Thence North 01004'00"West along the Westerly Right-of-Way line of
Commercial Avenue 456.34 feet;Thence along the Westerly Right-of-Way line of
Commercial Avenue along the arc of a 450.00 foot radius tangent curve to the left,the long
chord of which bears North 06025'58"West for a chord distance of 84.17 feet through a
central angle of 10°43'58"for an arc distance of 84.29 feet; Thence North 62°09'51"West
along the Westerly Right-of-Way line of Commercial Avenue, 118.35 feet to the Southerly
Right-of-Way line of Kahlotus Highway; Thence along the Southerly Right-of-Way line of
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Kahlotus Highway along the arc of a 14 10.00 foot radius non-tangent curve to the right,the
long chord of which bears South 82°30'34"West for a chord distance of 419.33 feet through
a central angle of 17'06'12"for an arc distance of 420.90 feet; Thence South 81°24'23"West
along the Southerly Right-of-Way line of Kahlotus Highway, 53.73 feet;Thence along the
Southerly Right-of-Way line of Kahlotus Highway along the arc of a 1420.00 foot radius
non-tangent curve to the right,the long chord of which bears North 80'15'48"West for a
chord distance of 323.36 feet through a central angle of 13°04'32"for an arc distance of
324.06 feet; Thence North 73°43'32"West along the Southerly Right-of-Way line of
Kahlotus Highway, 218.76 feet; Thence along the Southerly Right-of-Way line of Kahlotus
Highway along the arc of a 1120.00 foot radius tangent curve to the left,the long chord of
which bears North 81°17'40"West for a chord distance of 295.05 feet through a central angle
of 15'08'17"for an arc distance of 295.91 feet; Thence South 01°04'00"East, 344.83 feet;
Thence South 89'19'15"West, 406.78 feet to the TRUE POINT OF BEGINNING; (Parcel
113720139).
2. General Location: Southwest Corner of Venture Road and the Pasco-Kahlotus Highway.
3. Property Size: Approximately 34.99 acres(1,524,508.67 square feet).
4. ACCESS: The site has access from North Venture Road, Kendall Drive, and North
Commercial Avenue.
5. UTILITIES: Water service is available in North Commercial Avenue and the south portion
of North Venture Road; Sewer lines run through the west portion and along the south
property line of the parcel.
6. LAND USE AND ZONING: The property is currently zoned I-2 (Medium Industrial)and is
vacant. Surrounding properties zoned and developed as follows:
North I-1 Industrial/Farming
East I-1 Industrial/Farming
South I-1 Trucking, Onion Processer,Truss Plant
West I-1 Meat Cutting Facility and a Gas Station/Convenience Store
7. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is primarily
intended for Industrial uses. Land Use Policy LU-6-E urges the City to"Support the Growth
Management Act's goal to encourage growth,including industrial growth, in urban areas;"
Economic Development Policy ED-2-B proposes the City "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. Economic Development Policy ED-2-C
encourages the City to"Continue to pursue the development of existing industrially zoned
properties that may be serviced by existing or planned utilities."Transportation Policy TR-1-
B has the City "Require transportation and land use planning efforts and policy that meet the
needs of the community and the objectives of this plan."
8. 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, testimony at the public hearing and other information, a Mitigated
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Determination of Non-Significance (MDNS) was issued for this project on March 2, 2023.
Mitigation measures listed in the MDNS were as follows:
8.1 An inadvertent discovery protocol (IDP) for the potential discovery of cultural or
historical artifacts must be prepared and submitted to the city before any ground-
disturbing permits are issued.
8.2 Kendall Drive may be required to be extended through the site in accordance with the
City of Pasco's complete streets ordinance. 60-foot of ROW dedication would be
required as well as build-out of the roadway. An option may be ROW dedication
along the southern edge of the developing lot to meet block spacing requirements.
8.3 Existing fire apparatus access road must be maintained as previously approved or
replaced with an actual road section.
8.4 Follow best management practices for sand and gravel general permits for the plant
footprint and working area. Best management practices may include, but are not
limited to:
8.4.1 Using water or chemical dust suppressants on particulate matter (PM)
containing surfaces (i.e. haul roads) and/or materials prior to and during
activities that may release PM into the air. Re-application may be required
periodically to maintain effectiveness.
8.4.2 Managing activity during high winds, if the winds are likely to cause the
release of PM into the air.
8.4.3 Using covered chutes and covered containers when handling, transferring,
and/or storing PM containing materials.
8.4.4 Minimizing the free fall distance, i.e., drop height, of PM containing
materials at transfer points such as the end of conveyors, front end loader
buckets, etc.
8.4.5 Managing vehicle loads with potential of release of PM with appropriate
covers or freeboard consistent with applicable laws.
8.4.6 Minimizing exposed areas of PM containing materials such as storage piles,
graded surfaces, etc., and/or using tarps or chemical dust suppressants to
minimize releases to the air;and/or
8.4.7 Limiting vehicle speed to less than 15 miles per hour on unpaved surfaces.
8.4.8 Consolidating storage piles whenever possible.
8.4.9 Managing stockpile loader and haul truck travel to control release of PM.
9. PROPOSAL: The applicant proposes to locate a concrete ready-mix facility on
approximately 35 acres of land located at the southwest corner of Venture Road and the
Pasco-Kahlotus Highway. The ready-mix facility will consist of a modular office, concrete
batch plant, truck wash out and aggregate stockpile bays. The sand and aggregate will be
trucked to the site from off-site quarries. The sand and aggregate will be used to make ready-
mix concrete which will be delivered from the batch plant to construction sites around the
Tri-Cities area.
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10. The site is located adjacent and convenient to the Heritage Road/Highway 12 Interchange,
which provides the main transportation link from the proposed plant to construction sites in
Benton, Franklin and Walla Walla Counties.
11. The site was annexed into the City in 2012 (Ordinance 4086) and assigned 1-1 (Light
Industrial) zoning in conjunction with the annexation. The site was rezoned from 1-1 to 1-2
(Medium Industrial)in 2017(Ordinance 4364)and has retained the 1-2 zoning since.
12. A Special Permit for a concrete batch plant (SP 2017-009) was granted in 2018 via
Resolution 3793. However, that Special Permit has expired. Conditions attached to the 2017
Special Permit were as follows:
12.1 The special permit shall apply to Franklin County Tax Parcel# 113720139,being Lot
4, Binding Site Plan 2016-01
12.2 The site shall not be used for gravel mining or rock crushing.
12.3 The site must be developed in substantial conformance with the site plan submitted
with this special permit application.
12.4 The applicant shall employ best available management practices to control dust
generated by the ready-mix plant operation. Best management practices may include:
12.4.1 Using water or chemical dust suppressants on particulate matter (PM)
containing surfaces (i.e., haul roads) and/or materials prior to and during
activities that may release PM into the air
12.4.2 Managing activity during high winds, if the winds are likely to cause the
release of PM into the air
12.4.3 Using covered chutes and covered containers when handling, transferring,
and/or storing PM containing materials
12.4.4 Minimizing the free fall distance, i.e., drop height, of PM containing
materials at transfer points such as the end of conveyors, front end loader
buckets, etc.
12.4.5 Managing vehicle loads with potential of release of PM with appropriate
covers or freeboard
12.4.6 Minimizing exposed areas of PM containing materials such as storage piles,
graded surfaces, etc., and/or using tarps or chemical dust suppressants to
minimize releases to the air;and/or
12.4.7 Limiting vehicle speed to less than 15 miles per hour on unpaved surfaces
12.4.8 Consolidating storage piles whenever possible
12.4.9 Managing stockpile loader and haul truck travel to control release of PM.
12.5 All streets adjoining the site must be improved to City standards with the requisite
utility infrastructure.
12.6 The special permit shall be null and void if a building permit has not been obtained
by December 31, 2018.
13. As per PMC 25.120.040 Ready-mix plants are a conditional use in the 1-2 Medium Industrial
Zone.
14. The proposed ready-mix site has been identified in the Comprehensive Plan for more intense
industrial uses for over 35 years. The site has also been zoned for industrial activities for
about 35 years. The site was originally zoned 1-1 in the County prior to annexation in 2013.
Noise is an issue that is often associated with ready-mix plants. In many cases offending
noise from a ready-mix plant is generated by a rock crusher that prepares the aggregate that is
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used in the concrete mixing process. In this case the aggregate will be mined and prepared at
off-site locations and transported to the site by truck. Any noise associated with the proposed
plant will come from the trucks and the ready-mix plant itself. The adjoining truss plant,
trucking firms and farm fields are not particularly sensitive to noise. In that regard the
proposed ready-mix plant should not create objectionable noises or vibrations that would
materially impact the neighborhood. Permitted uses within the I-2 zone such as
manufacturing plants, metal fabrication shops, contractors' plants and storage yards, kennels
and experimental laboratories can generate as much or more noise than a ready-mix plant..
15. 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 to whether or not:
15.1 Will the proposed use be in accordance with the goals, policies, objectives, and text
of the Comprehensive Plan?
15.1.1 Hearing Examiner Finding: The Comprehensive Plan has identified the site
for industrial land uses for over 35 years. The property is zoned industrial
and the proposed use is an industrial business. The Plan also encourages a
wide range of commercial activities to be developed within the UGA.
15.2 Will the proposed use adversely affect public infrastructure?
15.2.1 Hearing Examiner Finding: The site is located in an area that the community
has planned for industrial uses for over 35 years. Public infrastructure
including sewer and water have been stubbed under Highway 12 and have
been sized for industrial needs. The Heritage Road/Highway 12 Interchange
was designed for industrial traffic and is utilized by the Basin Disposal (BDI)
fleet of trucks, the carrot plant trucks and other agricultural related facilities
nearby that have a heavy reliance on trucking. The Heritage Road/Highway
12 Interchange is the freeway connection to the Heritage Boulevard truck
route and a connection to the surrounding Counties.
15.3 Will the proposed use be constructed, maintained and operated to be in harmony with
existing or intended character of the general vicinity?
15.3.1 Hearing Examiner Finding: The proposed ready-mix plant supports the
intended industrial character of the surrounding area that has a number of
facilities and plants that rely heavily on the Heritage Road/Highway 12
Interchange and Highway 12. The proposed use is primarily an outdoor
activity somewhat similar in nature to Fowler Supply Oxarc and Basin
Disposal (BDI) on Dietrich Road to the north and RE Powel, Northwest
Trucking (Formally Savage Trucking) and the other trucking facilities to the
south. All of these facilities make extensive use of their lots for outdoor
storage of trucks, equipment,piping,petroleum tanks and chemical tanks and
various crates, containers and miscellaneous items
15.4 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?
15.4.1 Hearing Examiner Finding: There is no height limitation or restrictions in the
I-2 zone unless a parcel is located within one of the Airport Safety Zones.
The proposed site is not within one of the Airport Safety Zones. The carrot
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plant to the north contains a large, tall tank used in to process carrots. The
tank is approximately the height of the proposed ready-mix plant. The carrot
tank has not discouraged development in the area or impacted the value of
surrounding properties as a search of the Franklin County Assessor's records
will indicate.
15.5 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?
15.5.1 Hearing Examiner Finding: The Nearby agricultural storage sheds generate
odors (fumes) that can be far more obnoxious than the minimal odors that
may be generated by a ready-mix plant. The operation of nearby trucking
firms create traffic, dust, vibrations, fumes and noise similar to or more
intense that the operation of the ready-mix trucks. Nearby farming
operations also impact the neighborhood with dust during periods of the year.
The operation of the ready-mix plant can also create a different dust concern
if the plant is not operated properly. Best management practices, similar to
those being employed by the other two ready-mix plants in the City,
generally addresses the dust concern. Ready mix plants are also heavily
regulated by the State in this regard.
15.6 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?
15.6.1 Hearing Examiner Finding: The proposed ready-mix plant will be built and
operated to meet all city and State regulations related to the construction and
operation of a ready-mix plant. These regulations address the health and
safety concerns associated with ready-mix plants.
16. Public notice of this hearing was sent to property owners within 300 feet of the property and
the Tri-City Herald on March 17, 2023.
17. An open record public hearing after due legal notice was held April 12, 2023, with the staff
and the public appearing in person, and the Hearing Examiner appearing via Zoom
videoconference.
18. The Applicant was present, but chose not to testify.
19. No members of the public testified at the hearing.
20. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
21. 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. The Hearing Examiner has been granted the authority to render this decision.
2. This project is consistent with the Pasco Comprehensive Plan and Pasco Municipal Code.
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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, the Hearing Examiner APPROVES
Application SP 2022-024 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 Franklin County Tax Parcel 4 113720139,being Lot 4,
Binding Site Plan 2016-01.
2. The site shall not be used for gravel mining or rock crushing.
3. The site shall be developed in substantial conformance with the site plan submitted with this
special permit application.
4. Kendall Drive shall be extended through the site in accordance with the City of Pasco's
complete streets ordinance. 60-foot of ROW dedication would be required as well as build-
out of the roadway. An option may be ROW dedication along the southern edge of the
developing lot to meet block spacing requirements.
5. The existing fire apparatus access road must be maintained as previously approved or
replaced with an actual road section.
6. The applicant shall employ best available management practices to control dust generated by
the ready-mix plant operation.Best management practices may include:
6.1 Using water or chemical dust suppressants on particulate matter containing surfaces
(i.e. haul roads) and/or materials prior to and during activities that may release
particulate matter into the air;
6.2 Managing activity during high winds, if the winds are likely to cause the release of
particulate matter into the air;
6.3 Using covered chutes and covered containers when handling,transferring, and/or
storing particulate matter containing materials;
6.4 Minimizing the freefall distance(i.e. drop height), of particulate matter containing
materials at transfer points such as the end of conveyors, front end loader buckets,
etc.;
6.5 Managing vehicle loads with potential of release of particulate matter with
appropriate covers or freeboard;
6.6 Minimizing exposed areas of particulate matter containing materials such as storage
piles,graded surfaces, etc., and/or using tarps or chemical dust suppressants to
minimize releases to the air;
6.7 Limiting vehicle speed to less than 15 miles per hour on unpaved surfaces;
6.8 Consolidating storage piles whenever possible;
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6.9 Managing stockpile loader and haul truck travel to control release of particulate
matter.
7. All streets adjoining the site must be improved to City standards with the requisite utility
infrastructure.
8. A minimum 6'-tall sight-obscuring fence or landscaped berm shall be erected along the
length of the property along the Pasco Kahlotus highway behind the required 10' landscaping
strip.
9. The special permit shall be null and void if a building permit has not been obtained by May
31, 2025.
10. It is the requirement that the design, construction and improvements of the proposal shall be
in conformance with the City of Pasco Standard Specifications,the Washington State
Department of Transportation Standard Specifications for Road, Bridges,and Municipal
Construction,the International Building Code, and the International Fire Code unless a
specific modification has been identified in the conditions of approval/approval conditions in
the staff report.
11. The special permit shall be null and void if the above conditions are not met.
Dated this day of April,2023.
CITYOF P CO HEARING EXAMINER
Andr . 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).
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