HomeMy WebLinkAboutSP 2024-015 HE Decision 2024.10.18CITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
SP 2024-015 ) DECISION AND
Marathon Tesoro Butane Blending Facility ) CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on October 9,
2024, the Hearing Examiner having taken evidence hereby submits the following Findings of Fact,
Conclusions of Law, Decision and Conditions of Approval as follows:
L FINDINGS OF FACT
1. PROPERTY DESCRIPTION:
1.1. Abbreviated Legal: TRACT 2-A PTN SW4 35-9-30 SEE ASSESSOR CARD FOR
DESCRIPTION LESS GAS LINE EASE (26600)
1.2. General Location: Parcel # 112-580-020, Pasco, WA 99301
1.3. Property Size: 5.78 Acres
2. ACCESS: The site is accessed from Sacajawea Park Road.
3. UTILITIES: Municipal water is available within the Sacajawea Park Road frontage, municipal sewer
is available in Sacajawea Park Road approximately 2,200 feet to the southwest.
4. LAND USE AND ZONING: The property is zoned I-2 (Medium Industrial) and is currently developed
with a petroleum product storage and transmission facility. Surrounding properties are zoned and
developed as follows:
4.1. North: I-2 Medium Industrial/Undeveloped Land
4.2. East: I-2 Medium Industrial/Extension of Subject Facility
4.3. South: 1-2 Medium Industrial/Extension of Subject Facility and Columbia River
4.4. West: I-2 Medium Industrial/Undeveloped Land
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as "Industrial'. The
Industrial designation allows for I-1, I-2, and I-3 zoning; development may be manufacturing, food
processing, storage and wholesale distribution of equipment and products, hazardous material storage,
and transportation related facilities.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco (City) is the SEPA 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 on September 12th, 2024, for this project under WAC 197-11-
355.
7. Applicant proposes to construct and operate a Butane Blending Facility at a site with an existing
petroleum product storage and transmission facility. The proposal involves the installation of a single
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60,000-gallon butane storage tank, one truck butane offload station, a single butane pump and
consolidated butane injection skid with three injection lines. The scope includes associated equipment
foundations, pipe supports and piping for the new butane blending system.
8. Site: The site is mostly developed, areas not covered by structures have been graded and covered with
gravel. Those lands outside of the permitter of the facility but on the same parcel are undeveloped and
contain native vegetation. The proposal is located within the areas that have been cleared, graded, and
graveled. The Snake River is located approximately 900 feet to the southeast of the projects site, the
site is located outside of any shorelines of the state and this specific proposal is not subject to the City's
Shoreline Management Plan's requirements for Substantial Development Permits.
9. History: The site has historically been used as a petroleum product storage and transmission facility,
records and building permits related to the construction and operation are scarce within both City of
Pasco and Franklin County's record systems. Earliest documents indicate operations back to 1985,
however, it is believed the site has been operating for decades before.
10. An application for the proposal was submitted on August 22, 2024. The application was deemed
complete on August 22, 2024.
11. Notice of the public hearing was sent to property owners within 300 feet of the subject property and
published in the Tri-City Herald newspaper on September 25, 2024.
12. The proposal is located on Parcel 112-580-020 Pasco, WA.
13. The site is zoned I-2 Medium Industrial.
14. The site has historically been used as a petroleum product storage and transmission facility.
15. The surrounding lands are either undeveloped or contain extensions of the existing use.
16. Per PMC 25.120.040 Permitted Conditional Uses:
16.1. (8) Petroleum or petroleum products refining
17. Conditional Uses require special permit review and approval under PMC 25.200 Special Permits.
18. The applicant proposes to site and operate a butane blending structure to their existing facilities.
19. The proposal includes a 60,000-gallon pressure vessel for butane storage, one struck butane offload
station, a single butane pump and consolidated butane injection skid with three injection lines.
20. As per 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:
20.1. The proposal is in accordance with the goals, policies, objectives, maps and/or narrative
text of the Comprehensive Plan;
20.1.1. Per The Comprehensive Plan designates this site as "Industrial." The Industrial land use
designation allows for the I-1,1-2, and I-3 zoning designations. Applicable goals and policies
of the Comprehensive Plan include, but are not limited to:
20.1.1.1. Economic Development Policy ED-2-13: 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. The proposal is located on Sacajawea Park
Road, while classified as a local access road, the subject site is approximately 0.3 miles
from US Route 12 East.
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20.1.1.2. Economic Development Policy ED-2-C: Continue to pursue the development of
existing industrially zoned properties that may be serviced by existing or planned
utilities. The proposal is located entirely on a developed site that already is serviced by
some municipal utilities.
20.1.1.3. Land Use Policy LU-6-E: Support the Growth Management Act's goal to
encourage growth, including industrial growth, in urban areas. The proposal would be
an expansion to an existing use within a rapidly growing industrial area.
20.2. The proposal will adversely affect public infrastructure;
20.2.1. The public access road adjacent to the site, Sacajawea Park Road, services many nearby
industrial uses, and is connected to S Road 40 East. The proposal anticipates between 0 — 3
truck trips per day and is not anticipated to adversely affect the existing road network. The
proposal is also not anticipated to adversely effect existing utilities in the area.
20.3. The proposal will be constructed, maintained and operated to be in harmony with the
existing or intended character of the general vicinity;
20.3.1. The properties in the general vicinity are undeveloped. The closest developed properties
include 0.4 miles to the east including a residential mobile home park and a large industrial
storage facility. Aside from the mobile home park, properties within a mile radius of the
proposal are industrial in use and design.
20.4. The location and height of proposed structures and the site design will discourage the
development of permitted uses on property in the general vicinity or impair the value thereof;
20.4.1. The tallest structure included in the proposal is the 60,000 gallon butane tank at 25 feet and
is located in both industrial zoning and land use. This structure is shorter than existing
structures on the site and is not anticipated to impact development within the area.
20.5. The operations in connection with the proposal will 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. Per PMC 25.120.020 Permitted Uses:
20.5.1.1. "(1) All uses not otherwise prohibited by law, but no residential building shall be
permitted; and"
20.5.2. Due to the allowances provided within the permitted use and the limited nature of the
petroleum related activities involved in the proposal, it is not anticipated that the proposal
will be any more objectionable to nearby properties than the uses permitted within the I-2
zoning district.
20.6. The proposal will 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 proposal is required to comply with all federal, state and local building and fire codes
as well as adhere to PMC including provisions such as the outdoor lighting and noise
ordinances. If there were to be violations to these codes then code cases and remediating steps
will be issued and undertaken. Additionally, the use will be subject to periodic reviews for
compliance with conditions imposed under the special permit, PMC, and code violation
history at which point the special permit for the use may be revoked.
21. An open record public hearing was held, after legal notice, on October 9, 2024.
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22. Appearing and testifying on behalf of the Applicant was Chris Koop. Mr. Koop testified that he was an
agent authorized to appear and speak on behalf of the property owner and Applicant. Mr. Koop stated
that they agreed with the representations set forth within the staff report and the proposed Conditions
of Approval.
23. No member of the public testified at the hearing.
24. The following exhibits were admitted into the record:
24.1. Ex. 1 Special Permit Application —Applicant Submittal;
24.2. Ex. 2 Permit Drawings —Applicant Submittal;
24.3.
Ex. 3
Overview Map — City of Pasco;
24.4.
Ex. 4
Vicinity Map — City of Pasco;
24.5.
Ex. 5
Zoning Map — City of Pasco;
24.6.
Ex. 6
Comprehensive Plan Map — City of Pasco;
24.7.
Ex. 7
Site Photos — City of Pasco;
24.8.
Ex. 8
SEPA Determination — City of Pasco;
24.9.
Ex. 9
Affidavit of Mailing — City of Pasco;
24.10.
Ex. 10
Staff Report.
25. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
26. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
H. 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, SP 2024-015 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The special permit shall apply to Parcel # 112-580-020, and any subsequent subdivision(s) thereof.
2. The property shall be developed in substantial conformity with the elevations and site plan submitted
with the application.
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3. The applicant shall comply with all of the requirements set forth in the Pasco Municipal Code, and
laws of the State of Washington.
Dated this ( K day of October, 2024
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).
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