HomeMy WebLinkAboutHE Determination SP 2023-018 Interstate ConcreteCITY OF PASCO HEARING EXAMINER
IN THE MATTER OF )
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FINDINGS OF FACT,
CONCLUSIONS OF LAW,
CONDITIONS OF APPROVAL AND
DECISION SP 2023-018
Interstate Concrete and Asphalt
THIS MA TIER having come on for hearing in front of the City of Pasco Hearing Examiner on
March 13, 2024, 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.Applicant Elizabeth Tellesen of Winston & Cashatt, attorney at law, on behalf of Interstate
Concrete and Asphalt/ American Rock Products is requesting permission to continue
operation of a concrete batch plant, office, and retail space located at 11919 Harris Road
(Parcel 126160118), Pasco, Washington, 99301.
2.Legal: The East 1225 feet of the South 480 feet of the following described property:
All that portion of Government Lot 5, Section 12, Township 9 North, Range 28 East W.M.,
lying Northeasterly of the Southerly right of way line of the County Road (Pasco-Columbia
River Road), as said road existed September 20, 1955, in Franklin County, Washington;
EXCEPT County Road, and EXCEPT any portion thereof acquired by the State of
Washington for SR 182 by Judgment and Decree of Appropriation entered August 30, 1982,
Cause No. SC26862 (the "Property") (Parcel 126160118).
3.General Location: 11919 Harris Road, Pasco, Washington.
4.Property Size: Approximately 11.95 acres (520,333.80 square feet).
5.ACCESS: The property has access from Harris Road.
6.UTILITIES: Municipal water and sewer services are available from Harris Road.
7.LAND USE AND ZONING: The property is zoned RT (Residential Transition) and is
developed with a concrete batch plant, office, and retail space. Surrounding properties are
zoned and developed as follows:
North
East
South
West
RT
RT
RS-12
RT
Mineral Extraction
Mineral Extraction
SFDUs
Mineral Extraction
8.COMPREHENSIVE PLAN: The Comprehensive Plan Land Use designation for the site is
Industrial. The Industrial land use designation allows for I-1, I-2 and I-3 zoning. However,
the Broadmoor Overlay District Land Use Table found in PMC 25.97.040 only allows I-1
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zoning. Additionally, per PMC 25.97.050(6), most uses normally allowed in both C-3, I-1,
and I-2 zoning districts are specifically prohibited in the Broadmoor Overlay District. Finally,
PMC 25.97.050(1)(c) allows the continuation of existing industrial uses until 2035, after
which, the industrial land use designation is to be amended to medium density residential. As
such, this Industrial land use designation is limited in both time and scope.
9.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. On March 15, 2023 the City has adopted the Final Environmental Impact Statement -
Broadmoor Area Non-Project Draft EIS. This Final Environmental Impact Statement (FEIS)
evaluates the impacts resulting from the adoption of a Master Plan for a 1,240-acre area in the
northwest portion of the City of Pasco and the Pasco Urban Growth Area boundary. The
adopted document is available at: City of Pasco City Hall, Community and Economic
Development Department, 525 N 3rd Avenue, Pasco WA, during normal business hours. The
document is also available at: https://www.pasco-wa.gov/documentcenter/view/64761. The
City identified and adopted this document as being appropriate for this proposal after
independent review.
10.The site comprises approximately 11.95 acres (520,333.80 square feet), is zoned RT
(Residential Transition) and is developed with a concrete batch plant, office, and retail space.
Surrounding properties to the north are also zoned RT and are used for mineral extraction in
conjunction with the primary concrete batch plant use. Properties to the south are zoned RS-
12 and are developed with higher-end single-family dwelling units. Delta High School is
approximately 1.3 miles northeast of the site.
11.The mining around the subject parcel (Parcel No. 1261601181) began in the mid-1950s. In
1982, the site was annexed to the City of Pasco. In 1984 Central Pre-Mix obtained a
Conditional Use Permit (84-01-CUP) for sand and gravel excavation, concrete plant, and
incidental sales. In 1994 another special use permit (94-89 SP) was approved. Three
additional special use permits were requested to continue and expand the mining and
operations (95-27-SP, SP 06-010, and SP 10-001). Except for SP 06-010 which expires
January 1, 2028, these permits expire January 1, 2025.
12.Use of the subject site is permitted under Permit No. 94-89-SP. The City issued a State
Environmental Protection Act (SEPA) determination of non-significance for this permit on
January 4, 1995. This permit was then reviewed and approved by the Planning Commission, a
decision that was appealed to the City Council. Following the filing of the appeal, Central
Pre-Mix worked with the appellant and settled the issues on appeal. Permit No. 94-89-SP was
then issued October 3, 1995.
13.At the November 17, 2022, Planning Commission meeting, staff proposed designating land
surrounding and including the American Rock Product (ARP) property as Medium Density
Residential in conjunction with the Broadmoor Area Master Plan.
14.On December 9, 2022 Elizabeth Tellessen of Winston & Cashatt, Lawyers, on behalf of
Interstate Concrete and Asphalt sent a letter to Staff objecting to a Medium-Density
Residential land use designation of their site and requesting that an alternative be prepared
designating ARP's property (in order of preference): (1) Medium Industrial; (2) Commercial,
allowing conditional use for existing concrete batch plants; or (3) Mixed
Residential/Commercial, allowing conditional use for [the] existing concrete batch plants.
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15.Per Pasco Municipal code (PMC) 25.165.130(1), [m]ineral extraction, quarrying, rock
crushing or related activities such as a premix plant may be permitted in any zone, on
approval of a special permit and as provided in this title; the excavation and sale of sand and
gravel, clay, shale, or other natural mineral deposits (except topsoil) for the quarrying of any
kind of rock formation shall be subject to the following conditions:
15.1 (a) In case of an open excavation or quarry, there shall be a substantial fence with
suitable gates completely enclosing the portion of the property in which the
excavation is located and such fence shall be located at all points 40 feet or more
from the edge of the excavation or quarry.
15 .2 (b)Whenever production in any area used as a gravel pit, sand pit, clay pit, or quarry
shall have been completed, then all plants, buildings, structures and equipment shall
be entirely removed from such property and stockpiles shall be removed or back
filled into the pit within one year after such completion. When production shall have
been completed, then the owner shall take such measures to rehabilitate the area as
deemed reasonable by the City Engineer and/or as required in the special permit. A
reclamation bond or surety may be required.
15.3 (c)Concrete and asphalt batch plants may be located in the I-2 (medium industrial)
zone by special permit and are permitted uses in the I-3 (heavy industrial) zone.
16.Based on the above, the existing use would not be considered a nonconforming use under
PMC Chapter 25.170 as such uses are "permitted in any zone, on approval of a special permit
and as provided in this title." As long as the Special Permit is in force, and the use conforms
to the Special Permit conditions, the use may continue.
17.The Pasco City Council Approved Ordinance 4659 (see also: Ordinances 4659A and
4659AA) approving the Broadmoor Master Plan and creating Chapter 25.97 "Broadmoor
Overlay District" on April 17, 2023. The Broadmoor Master Plan amended the underlying
Land Use designation for the site from Medium-Density Residential to Industrial. The
Industrial land use desi gnation allows for I-1, I-2 and I-3 zoning. However, Pasco Municipal
Code (PMC) 25.97.050(1)(c) specifies as follows:
17 .1 Uses in this (Industrial) land use category are intended to allow the continuation of
existing industrial uses under the current industrial regulation of the PMC until 2035.After that, the industrial land use will be amended to medium density residential.18.As such, the following limitations apply:
18.1 The Industrial Land Use designation for this specific property has a built-in
expiration date.
18.2 The expiration date for this property's Industrial Land Use designation property
generally corresponds to the expected duration of the requested Special Permit.
18.3 The Industrial land use is not listed in any of the cross-reference matrices.
18.4 Most uses normally allowed in both C-3, I-1, and I-2 zoning districts are specifically
prohibited in the Broadmoor Overlay District.
18.5 The PMC 25.215.015 Comprehensive Plan land use density table list of Purpose and
Description does not apply.
18.6 The Industrial land use designation specified in (PMC) 25.97.050(1)(c) is limited in
both scope and duration.
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18.7 The Industrial land use designation specified in (PMC) 25.97.050(1)(c) may not otherwise be deemed to grant license of any kind. 19.Notice of the public hearing was sent to property owners within 300 feet of the subjectproperty and the newspaper on 23 February 2024.20.As per Pasco Municipal Code (PMC) 25.200.080, upon conclusion of the open recordhearing, the Hearing Examiner shall make and enter findings from the record and conclusionsthereof as to whether or not:20.1 Will the proposed use be in accordance with the goals, policies, objectives, and text of the Comprehensive Plan? 20.1.1 Hearing Examiner Finding: The Broadmoor Master Plan amended the underlying Land Use designation for the site from Medium-Density Residential to Industrial. The Industrial land use designation allows for I-1, I-2 and I-3 zoning. However, Pasco Municipal Code (PMC) 25.97.050(1)(c) specifies as follows: 20.1.1.1 Uses in this (Industrial) land use category are intended to allow the continuation of existing industrial uses under the current industrial regulation of the PMC until 2035. After that, the industrial land use will be amended to medium density residential. 20.1.2 As such, the following limitations apply: 20.1.2.1 The Industrial Land Use designation for this specific property has a built-in expiration date. 20.1.2.2 The expiration date for this property's Industrial Land Use designation property generally corresponds to the expected duration of the requested Special Permit. 20.1.2.3 The Industrial land use is not listed in any of the cross-reference matrices. 20.1.2.4 Most uses normally allowed in both C-3, I-1, and I-2 zoning districts are specifically prohibited in the Broadmoor Overlay District. 20.1.2.5 The PMC 25.215.015 Comprehensive Plan land use density table list of Purpose and Description does not apply. 20.1.2.6 The Industrial land use designation specified m (PMC) 25.97.0S0(l)(c) is limited in both scope and duration. 20.1.2. 7 The Industrial land use designation specified in (PMC) 25.97.050(1)(c) may not otherwise be deemed to grant license of any kind. 20.2 Will the proposed use adversely affect public infrastructure? 20.2.1 Hearing Examiner Finding: Public infrastructure is adequate for the proposed use, as the use would have minimal impact. SP 2023-018 Interstate Concrete and Asphalt Page 4 of9
20.3 Will the proposed use be constructed, maintained and operated to be in harmony with
existing or intended character of the general vicinity?
20.3.1 Hearing Examiner Finding: The site is already developed with a concrete
batch plant, office, and retail space. Pasco municipal code 25.18 0.11 0
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 .... "
20.3.2 Since the mineral extraction and processing operation has been conducted
since at least the 1950's, the existing character of the general vicinity is a
mineral resource use. The site itself also has an intended character of the
general vicinity by the designation through the City's comprehensive
planning process as the area of a mineral resource land of long-term
significance. The Concrete Batch Plant is an industrial use, and as
conditioned by the measures contained in the Final Environmental Impact
Statement (FEIS), FEIS Addendum, the original Special Permit (06-01 0),
and the new Special Permit Application (SP 2023-018) will be maintained
and operated to be in harmony with the natural resource character of the
vicinity in which the plant is located.
20.3.3 The Concrete Batch Plant site and the surrounding lands that are designated
as mineral resource lands are zoned R-T (Residential Transition). The
mineral resource use on these lands is transitional and interim in nature--at
least until the year 2028 when the latest special permit expires-for
extraction and processing of sand and gravel resources. When the mineral
resources are depleted, the land will have to be reclaimed and restored for
appropriate residential/urban development .
20.3.4 RCW 36.70A.06 0(1)(b) requires that plats, development permits and
building permits issued for activities within 50 0 feet of lands designated as
mineral resource lands contain a special notice informing the permit seeker
that mining related activities are likely to occur that may not be compatible
with residential development. RCW 36.70A.060(1)(a) also states that "uses
of land adjacent to mineral resource land shall not interfere with the
continued use, in a custom manner and in accordance with best management
practices, of these designated lands ... for the extraction of minerals."
20.4 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?
20.4.1 Hearing Examiner Finding: The site is already developed with a concrete
batch plant, office, and retail space. Not further construction is anticipated in
conjunction with the proposal.
20.4.2 The property in the general vicinity of the Concrete Batch Plant is designated
as mineral resource lands of long-term significance. Therefore, any permitted
uses on such property must assure conservation of these mineral resource
lands. The location, height and site design of the proposed Concrete Batch
Plant has not discouraged the development of the mineral resource activities
on the designated land in the general vicinity. There is property not
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designated as mineral resource lands within 500 feet of the site in question.
As noted, permitted development on such property cannot interfere with
mineral resource use of the mineral resource lands. The location, height and
site design of the proposed Concrete Batch Plant has been considered
through an FEIS and FEIS Addendum. Both have concluded that there would
be no unavoidable significant adverse environmental impacts from the
permitted use.
20.5 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?
20.5.1 Hearing Examiner Finding: The City's FEIS and FEIS Addendum found that
a Concrete Batch Plant as proposed and mitigated would not result in any
unavoidable significant adverse environmental impacts. Thus, as mitigated,
the proposal will be no more objectionable than operation of any permitted
use within the district..
20.6 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?
20.6.1 The FEIS, FEIS Addendum, or record does not contain evidence that
demonstrates the Concrete Batch Plant has to this point in time or will
endanger the public health or safety or become a nuisance to uses permitted
in the district. The FEIS and FEIS Addendum find that the proposal, as
mitigated, does not result in any unavoidable significant adverse impacts
relating to odor, noise, traffic, ground water quality or fire or explosion; and
should not become a greater nuisance than at present, or endanger the public
health and safety of nearby residences. As mitigated, and under the
conditions herein, the proposal should not become a nuisance to uses
permitted in the district.
21.An open record public hearing after due legal notice was held March 13, 2024, with the staff
and the public appearing in person, and the Hearing Examiner appearing via Zoom
videoconference.
22.Appearing at the hearing was Elizabeth Telleson. Ms. Telleson testified that she was an agent
of the Applicant and property owner and was authorized to appear and speak on their behalf.
Ms. Telleson stated that she agreed with all representations in the staff report and had no
objection to any of the proposed Conditions of Approval, except for proposed Condition of
Approval No. 4. This condition provides that periodic maintenance is to be implemented so
that there is no fugitive dust caused by the concrete batch plant operation. Ms. Telleson
indicated that they had received a Department of Ecology permit regarding air quality and
asked that they simply be required to comply with those state regulations. However, she
agreed that the Hearing Examiner has the authority to set as conditions of approval, additional
requirements than those required by state agencies. Ms. Telleson indicated that the time limit
for this permit is through the year 2035. Additionally, she stated that the site was in operation
before residential development in the area had occurred.
23.The Hearing Examiner is concerned about new residential development that is going to occur
in the area pursuant to the current zoning. The Hearing Examiner finds that it is not an undue
hardship for the Applicant to mitigate the adverse consequences of dust on neighboring
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properties by implementing a maintenance program that is designed to eliminate fugitive
dust.
24.The Hearing Examiner inquired whether or not this property was within the shoreline
jurisdiction of the Columbia River. The Hearing Examiner indicated that in looking at aerial
photographs, the project site appears, at least on one comer, to be close to the Columbia
River. The Applicant was not aware as to how far the project site was from the ordinary high
water mark of the Columbia River.
25.No members of the public testified at the hearing.
26.Staff indicated that they also were not exactly sure how far the subject property was from the
ordinary high water mark of the Columbia River. The Hearing Examiner indicated that he
would keep the record open until March 15, 2024 at 5:00 p.m. for the County or the
Applicant to provide measurements of the subject property from the ordinary high water mark
of the Columbia River to determine whether or not the property was within the jurisdiction of
the Shoreline Master Program.
27.On March 14, 2024, the County submitted evidence which the Hearing Examiner admitted
into the record, indicating that the property is approximately 224.91 feet from the ordinary
high water mark of the Columbia River. The property is outside of the Shoreline Master
Program jurisdiction. In a March 14, 2024 email, Ms. Telleson, on behalf of the Applicant,
indicated her agreement with the County's email and attached map and requested that the
record be closed.
28.The Hearing Examiner closed the record as of approximately 10:00 a.m. on March 14, 2024.
29.The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
30.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.As conditioned, this project 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.
III.DECISION
Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner APPROVES
SP 2023-018 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.
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2.Follow best management practices for sand and gravel general permits for the Concrete Batch
Plant footprint and working area. Best management practices may include, but are not limited
to:
2.1 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;
2.2 Managing activity during high wind events, if the winds are likely to cause the
release of PM into the air;
2.3 Using covered chutes and covered containers when handling, transferring, and/or
storing PM containing materials;
2.4 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.;
2.5 Managing vehicle loads with potential of release of PM with appropriate covers or
freeboard consistent with applicable laws;
2.6 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;
2.7 Limiting vehicle speed to less than 15 miles per hour on unpaved surfaces;
2.8 Consolidating storage piles whenever possible;
2.9 Managing stockpile loader and haul truck travel to control release of PM.
3.Modify the existing storm water pollution prevention plan, erosion and sediment control plan
and spill response plan in conformance with accepted industry standards and applicable local
and State law and regulation.
4.Periodic maintenance, including but not limited to water of interior roads, for the Concrete
Batch Plant access road and plant area must occur so that there is no fugitive dust caused by
Concrete Batch Plant operations.
5.Use shielded site lighting so that the edge of the shield is below the center of the light source.Light spillage shall not occur off site. Submit cut sheets for lighting proposed to the City for
approval prior to installation.
6.Maintain the landscaping in a healthy weed/debris free condition allowing trees/shrubs to
reach an expected mature height.
7.Comply with all applicable local and State regulations.
8.This Special Use Permit shall be reviewed by the hearing Examiner no less than 5 years from
approval of this Special Permit. Review shall consist of but not be limited to a report from
CPM or the current owner on conformance with the terms of the Department of Ecology
Notice of Construction, and conformance with the terms and conditions of Special Permit SP
2023-018 including an inventory of all complaints received and their disposition.
9.This Special Use Permit (SP 2023-018) shall expire on January 1st, 2035.
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Dated this -fl/-day of March, 2024. CITY,A �� . Kottkamp
Absent a timely appeal, this Decision is final1
1 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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