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HomeMy WebLinkAboutHE Determination SP 2023-011 Trilogy MedWaste West CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) FINDINGS OF FACT, CONCLUSIONS OF LAW, CONDITIONS OF APPROVAL AND DECISION SP 2023-011 ) Trilogy MedWaste West LLC ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on October 11, 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. Legal: Frey's Addition Lots 1 through 12,Block 16 Together with 10'of Vacated Alley, 10' of Vacated Salt Lake Street and 40'of Vacated Montana Street(Parcel 113502079). 2. General Location: Located on the south side of East Salt Lake Street between North California and North Utah Avenues. 3. Property Size: Approximately 1.4 acres(61,247.81 square feet). 4. ACCESS: The property has access from East Salt Lake Street. 5. UTILITIES:Municipal water and sewer services are available from East Salt Lake Street. 6. LAND USE AND ZONING: The property is zoned C-3 (General Commercial) and is developed with a commercial warehouse/office facility. Surrounding properties are also zoned C-3 and developed as follows: North C-3 Commercial Warehouse/Office East C-3 Vacant South C-3 Vacant West C-3 Commercial Warehouse/Office 7. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Per the Comprehensive Plan, solid waste handling facilities are considered"Essential Public Facilities(EPF); these facilities are capital facilities typically difficult to site because of potential adverse impacts related to size,bulk,hazardous characteristics, noise, or public health and safety. As per the submitted SEPA Checklist, "Spills of medical waste could occur during processing of waste;"and"Spill kits available at warehouse and on vehicles."Per the Comprehensive Plan,the siting process should be consistent with the Franklin County-Wide Planning Policies(CWPP).Policy IV of the CWPP indicates that the County and Cities, along with public participation, shall develop a cooperative regional process to site EPF of regional and statewide importance. The objective of the process shall be to ensure that such SP 2023-011 Trilogy MedWaste West LLC Page 1 of 7 facilities are located so as to protect environmental quality, optimize access and usefulness to all jurisdictions,and equitably distribute economic benefits/burdens throughout the region or county.No local comprehensive plan or development regulations will preclude the siting of essential public facilities, but standards may be generated to ensure that reasonable compatibility with other land uses can be achieved. The City establishes the siting criteria with the understanding that some EPF's may not pose any siting difficulties beyond those associated with commercial or public developments. The Planning Director will determine if the facility is an Essential Public Facility. If the facility does not present siting difficulties, it will be relegated to the normal siting process applicable to a facility of its type, as identified in the PMC. Pasco reviews the siting of EPF's with a process established in PMC 25.200, Special Permits. EPF's are listed as unclassified uses in the City's development regulations. As such these uses are generally not restricted by zoning districts, but due to their nature require extraordinary review through the special permit review process prior to locating within the City. Unclassified uses are listed in PMC 25.200.20 and include the facilities discussed above. If the facility does present siting difficulties, it should be subjected to the siting process as follows: 7.1 Option 1: 7.1.1 Determining the Essential Public Facilities.Determine whether the facility is identified as an EPF in the City, County or State list of such facilities and is consistent with the definition under the Growth Management Act. Also, determine that it provides services to the public and there are difficulties in siting the facility in terms of limited availability of sites, location needing proximity to another public facility, and anticipated adverse environmental impact. 7.1.2 Review and permit. Review should determine the applicability of the facility, whether such facility already exists,and the service level is adequate. Consistency with the Comprehensive Plan should also be reviewed. The City will participate in an inter-agency review if the facility is of a statewide, countywide or regional nature. Alternative sites for appropriate location and regional fair share should also be considered during the interagency review. Finally, impacts should be identified along with appropriate mitigations measures. 7.1.3 The review process can be a case-by-case approach where additional review processes may be required due to the unique nature of the facility.Public should be engaged according to the statutory requirements, and if the facility is anticipated to have an impact on the community. 7.1.4 Permitting should begin according to the City's development regulations after determination and review of such facilities.Conditions can be added during the permitting process to address adverse impacts. 7.2 Option 2: 7.2.1 The following additional review shall be combined with the permitting process. However, some review shall be required prior to the permitting process, such as finding the appropriate location for the facility. 7.2.1.1 Applicability. Review shall determine the need of the facility in the light of established level of service. It shall review whether such facility already exists,and the service level is adequate or can be accommodated in an existing facility. 7.2.1.2 Consistency with the Comprehensive Plan. Facilities shall be consistent with the Comprehensive Plan land use map and policies. Facilities, if provided SP 2023-011 Trilogy MedWaste West LLC Page 2 of 7 through a special district plan,the special districts plan must also be consistent with the Comprehensive Plan. 7.2.1.3 Multi jurisdictional approach and CWPP. The facility needs to be consistent with the County-Wide Planning Policies. Interagency review shall be required if the facility is of a statewide,countywide or regional nature. 7.2.1.4 Location. Review of alternative sites for appropriate location and regional fair share considerations. 7.2.1.4.1 Facilities shall be allowed in the zoning districts according to the Essential Public Facilities table. 7.2.1.4.2 Review and compare between several alternative sites within the City if it is a City provided Essential Public Facility. 7.2.1.4.3 Consider several alternative sites in other jurisdictions as well if the facility is a state or county Essential Public Facility providing services of regional nature. 7.2.1.5 Impact and mitigation.Identify the potential impacts of the proposed facility. Impacts shall be identified in the most comprehensive manner to include social,environmental and economic impacts. Measures shall be taken to mitigate the adverse impacts such as noise,odor,pollution,traffic, aesthetics and health and safety concerns. 7.2.1.6 Cost-benefit analysis. The facility's financial impact on the City shall be analyzed. If analysis shows that it would cause a disproportionate financial burden for the community, an agreement shall be required among jurisdictions to mitigate the adverse financial burden when the facility offers regional services. 7.2.1.7 Case-by-case approach. Director of the Community Planning or person of a similar responsibility may add additional review process if required due to the unique nature of the facility. Conditions shall be added in each case to mitigate the adverse impacts and to make the facility compatible with the affected area. All the issues that make the specific facility difficult to site shall be appropriately addressed and mitigated. 7.2.1.8 Public involvement. The public shall be notified according to the statutory requirements.Public meetings shall be conducted by the applicant before the public hearing to address public concerns. 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, and other information, a threshold determination resulting in a Mitigated Determination of Non-Significance (MDNS) was issued for this project under WAC 197-11-158 on October 10, 2023. 9. PROPOSAL: The Applicant, Chad Plata, on behalf of Trilogy MedWaste West LLC, requested permission to collect and transport medical waste to a trailer located at 1620 E Salt Lake St. Suite B (Parcel 113502079), Pasco, Washington, 99301. A rented warehouse on site will be utilized as office space and for storage of empty, clean waste containers. Sealed waste-filled containers will be scanned, weighed, and transferred to the trailer; no waste-filled containers will be opened. One 26' box truck and one 53' trailer will be stored on-site and utilized for the collection and storage of medical waste. Per Pasco Municipal code (PMC) 25.165.120(3) uses or activities that process or dispose of medical wastes as defined by Chapter 173-303 WAC are required to obtain a special permit following the procedures of Chapter 25.200 PMC. SP 2023-011 Trilogy MedWaste West LLC Page 3 of 7 10. The site comprises approximately 1.4 acres (61,247.81 square feet), is zoned C-3 (General Commercial) and is developed with a commercial warehouse/office facility. Surrounding properties are also zoned C-3 and either vacant or developed with similar uses. 11. There is one Pasco School District #1 school (Marie Curie STEM Elementary) to the south, and one proposed (Career and College Academy High School) to the north that are both within a 500' radius of the site. Whittier Elementary School is located adjacent to the east of Marie Curie, slightly more than 500' from the site. 12. The site is located on Lots 1 through 12, Block 16 of the 1888 Frey's Addition to Pasco subdivision. The subdivision was de-annexed in 1921 (Ordinance 319) and re-annexed in 1963 (Ordinance 1078). 13. The site was improved with an 80' X 145' (11,600 square foot) steel shell industrial building in 2016. Powder coating equipment was installed in the north 1/z of the building in 2019. 14. Trilogy MedWaste West, LLC has historically operated in Kennewick WA under certificate# G-069567. 15. Per applicant, "Waste collected in healthcare facilities will be contained in D.O.T. approved tubs or disposable boxes that will be lined with a plastic liner, the liner will be knotted and a lid placed on the tub or box. The tubs and/or boxes will be loaded in the trailer will be tracked with a unique barcode containing the date of pick-up and generator name. Also, a tracking document copy will be stored in the trailer showing generator name, address, contact information, number of containers picked-up and date, allowing BFHD to track any waste stored in the trailer. 16. "Sharps" are required to be deposited into approved sharps container prior to placement in boxes or tubs. When handling any medical waste/sharps containers, personnel are encouraged to use available protective gloves if he/she chooses to do so. 17. "The waste does not leave its original packaging and the container is just moved onto a trailer for transport." 18. An email from the City of Pasco's waste disposal franchisee Basin Disposal Inc. (BDI) indicates that the collection of medical waste is a specialize service which Basin does not provide, and that BDI is specifically exempted from collecting medical waste, as per WAC 480-70-041, and Chapter 70A.228 RCW. 19. Notice of the public hearing was sent to property owners within 300 feet of the subject property and the newspaper on 20 September 2023. 20. Notice of the project was sent to Pasco School District (PSD #1) on 14 August 2023. No response was received. 21. As per Pasco Municipal Code (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: 21.1 Will the proposed use be in accordance with the goals,policies, objectives, and text of the Comprehensive Plan? 21.1.1 Hearing Examiner Finding: Per the Comprehensive Plan, solid waste handling facilities are considered "Essential Public Facilities (EPF); these facilities are capital facilities typically difficult to site because of potential SP 2023-011 Trilogy MedWaste West LLC Page 4 of 7 adverse impacts related to size, bulk, hazardous characteristics, noise, or public health and safety. 21.1.2 Per the Comprehensive Plan, the City establishes the siting criteria with the understanding that some EPF's may not pose any siting difficulties beyond those associated with commercial or public developments. The Planning Director will determine if the facility is an Essential Public Facility. If the facility does not present siting difficulties, it will be relegated to the normal siting process applicable to a facility of its type, as identified in the PMC. 21.1.3 Pasco reviews the siting of EPF's with a process established in PMC 25.200, Special Permits. EPF's are listed as unclassified uses in the City's development regulations. As such these uses are generally not restricted by zoning districts, but due to their nature require extraordinary review through the special permit review process prior to locating within the City. 21.2 Will the proposed use adversely affect public infrastructure? 21.2.1 Hearing Examiner Finding: Public infrastructure is adequate for the proposed use, as the use would have minimal impact. 21.3 Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? 21.3.1 Hearing Examiner Finding: The site is already developed with a commercial warehouse and office structure. Pasco municipal code 25.180.110 specifies that "[a]ll landscape and screening required under this chapter shall be so maintained as to not detract from the purpose of this chapter and shall be kept reasonably free of weeds and trash. The owner, occupants and persons responsible for or having control of the premises shall be responsible for such maintenance. 21.4 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? 21.4.1 Hearing Examiner Finding: The site is already developed with a commercial warehouse and office structure. Not further construction is anticipated in conjunction with the proposal. 21.5 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? 21.5.1 Hearing Examiner Finding: Only one vehicle trip per day is contemplated for this proposed use. 21.5.2 Per Applicant: "Once waste is placed in the staged trailer, it will be swapped at a minimum on a weekly basis. The trailer will be parked at a designated area that is fenced and locked. will remain padlocked when not being loaded and when WM Healthcare Solutions personnel are not in attendance. "All spills and/or biological events occurring during transport, processing or treatment will be assessed by internal staff to determine if outside resources are required for cleanup purposes. Trained internal staff will respond to spills of less than 20 gallons. Spills exceeding this threshold will require external response. For these events, WM will contact a certified third-party SP 2023-011 Trilogy MedWaste West LLC Page 5 of 7 spill responder to provide necessary cleanup. "In the event of a spill/leak, the vehicle will be decontaminated using an EPA approved disinfectant and the leaking container will be properly labeled and placed in a leak proof over- pack. "A spill kit will be located at interior and exterior storage area sites. Spill kits will contain the following contents: Granulated absorbent material (e.g., floor-dry), plastic bags, shovel; broom, dust pan, liquid disinfectant (3- 8% sodium hypochlorite and 0.01-0.05% sodium hydroxide sodium mixed with water at a I to 5 dilution) and PPE (rubber gloves, face shield, and Tyvek suit(incl. booties)." 21.6 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? 21.6.1 Per applicant:"The trailer is a 53' lockable enclosed trailer with metal floors. The trailer can hold up to 30,000 lbs. or approximately 500 containers. All waste stored in the trailer will meet WAC 480-70-041 Definition of Biomedical Waste and WM will not accept any hazardous materials. Medical waste will be transported under the authority of Washington Utilities and Transportation Certificate G-237. Only WM Healthcare Solutions personnel will have access to locked trailers." 22. An open record public hearing after due legal notice was held October 11, 2023, with the staff and the public appearing in person, and the Hearing Examiner appearing via Zoom videoconference. 23. Appearing and testifying at the hearing was Chad Plata. Mr. Plata testified that he was an agent authorized to appear on behalf of the Applicant/property owner. Mr. Plata testified that he agreed with all representations in the staff report and with all the Conditions of Approval. 24. No members of the public testified at the hearing. 25. One written public comment was received on October 9, 2023 from Don Barnes opposing the project, and was admitted into the record. 26. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 27. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. H. CONCLUSIONS OF LAW I. The Hearing Examiner has been granted the authority to render this decision. 2. This project as conditioned 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. SP 2023-011 Trilogy MedWaste West LLC Page 6 of 7 III. DECISION Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner APPROVES Application SP 2023-011 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# 113502079. 2. Each employee involved in the operations at the facility shall undergo training as required by the applicable local, state, and federal regulations as well as internal corporate requirements. 3. All employees shall have annual medical surveillance evaluations. 4. All waste shall be contained in PG2 DOT approved containers and never leave containment. 5. Applicant shall coordinate design of appropriate screening with CED and the Pasco School District. 6. The Special Permit shall become null and void if one or more of the following occur on the premise: 6.1 The site becomes a public nuisance, as defined in per PMC 9.90. 6.2 Nuisance activities, as defined in per PMC 9.90 persist at the site. Dated this j_ day of October, 2023. 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 2023-011 Trilogy MedWaste West LLC Page 7 of 7