HomeMy WebLinkAboutSP 2026-007 final decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
SP 2026-007 ) CONCLUSIONS OF LAW,
DECISION AND
Barker Heights Irrigation Pump Station ) CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on May 13,
2026, the Hearing Examiner having taken evidence hereby submits the following Findings of Fact,
Conclusions of Law, Decision and Conditions of Approval as follows:
I. FINDINGS OF FACT
1. Ap liA cant: City of Pasco Public Works Department, C/O Brandon Lane, 525 N. 3rd Avenue, Pasco, WA
99301
2. Re uest: Special Permit: Locate an enclosed building irrigation pump station in an R-3 Zoning District
(Parcel No. H 4330188).
3. Timeline:
3.1. April 27, 2026 Special Permit Application-SP2026-007 submitted
3.2. April 27, 2026 Special Permit Application was Deemed Complete through the Notice of
Application
3.3. April 27, 2026 Notice of Public Hearing for SP2026-007 Mailed to Properties Within 300
Feet of Proposed Pump Station
3.4. April 29, 2026 Notice for Public Hearing Published in Tri-City Herald
3.5. May 6, 2026 Public Hearing Staff Report Published
4. SITE INFORMATION:
4.1. Address: Not yet assigned
4.2. Parcel: 115181188
4.3. Abbreviated Legal: BARKER RANCH 1ST ADDITON PHASE 3 TRACT G (Per County
Assessors website).
4.4. General Location: Located at the northeast corner of Parcel 115181188. The site is bordered by
Broadmoor Boulevard to the east, by Parcel 115180074 to the north, by a future home sites to the
west, and a future public local access street to the south. The intersection of Broadmoor Boulevard
and Burns Road is approximately 2,000' south of the site.
4.5. Pry Size: 33.69 acres
5. ACCESS AND UTILITIES: Access to the site will be provided via Broadmoor Blvd and at a future
date will be accessed off yet to be developed section of Atlantic Drive. Municipal water and sanitary
sewer service will be made available from Broadmoor Boulevard.
6. ZONING AND LAND USE- The property is zoned R-3 (Medium -Density Residential) and is vacant.
Surrounding properties are zoned and developed as follows:
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6.1. North: R-S-1 SFDU
6.2. East: R-4 AgricultureNacant
6.3. South: R-S-1 Mobile HomeNacant
6.4. West: R-1 Low Density Residential / Single-family detached dwellings
7. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as "Medium -Density
Residential." The Medium -Density Residential designation allows for R-2 through R-4, and RP zoning;
development may be a variety of residential housing at a density of 6 to 20 dwelling units per acre.
8. ENVIRONMENTAL REVIEW (SEPA):
8.1. The City of Pasco is serving as the lead agency for this proposal.
8.2. Based on review of the submitted SEPA checklist (SEPA2023-009) and other information on file,
the City determined on November 2, 2023 that the proposal is not likely to result in significant
adverse environmental impacts. Accordingly, an Environmental Impact Statement (EIS) is not
required pursuant to RCW 43.2 1 C.030(2)(c).
8.3. A Determination of Non -Significance (DNS) was issued under the optional DNS process in WAC
197-11-355, and no additional comment period will be provided. All supporting materials are
available for public review upon request.
9. PROJECT DESCRIPTION
9.1. Request
9.l LThe City of Pasco Public Works Department has applied for a special permit to construct an
enclosed structure, 6-pump irrigation pump station at the NE corner of Parcel 115181188
adjacent Broadmoor Boulevard to the east, to provide pressurized irrigation water to one high -
and one low -elevation pressure zone.
9.2. History
9.2.1.The site is located on Tract A and B of PP2024-003 The site was annexed in 2017 (Ordinance
4330) and assigned R-S-1(Low-Density Residential) zoning (Ordinance 433 l ) in conjunction
with the annexation. The site was rezoned from R-S-1 to R-3 (Medium -Density Residential;
Ordinance 4683) in anticipation of a residential preliminary plat. A Preliminary Plat was
approved for the overall property on January 20th, 2026 (PP2024-003).
9.2.2.In the last 20 years Pasco's population has more than doubled from approximately 32,066 at
the 2000 CENSUS to an estimated 77,108 at the 2020 CENSUS; the latest Office of Financial
Management (OFM) estimate is 81,280. This increase has placed tremendous demands on
local resources, including domestic water. As such, the City of Pasco deems it necessary to
replace the use of City of Pasco domestic water for landscaping with irrigation water.
9.2.3.A previous Special Permit (SP2023-009) was granted November 16, 2023, that permit has
since expired under condition number 7 of on November 16, 2025.
9.2.4.More recently, Building Permit B26-0152 was applied for on February 20th, 2026.
9.3. Site Design and Layout
9.3.1.The site comprises approximately 33.69 acres (1,467,694.44 square feet), is zoned R-3
(Medium Density Residential District) and is vacant. Surrounding properties are also
residentially zoned and are either vacant or developed with a single-family dwelling unit
(SFDU) and accessory structures related to agriculture. The project site sits within the
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northeast corner of the site A minimum 10-foot-wide landscaped perimeter buffer is proposed
around the site. A perimeter fence is also proposed to provide visual screening.
10. Notice of the public hearing was sent to property owners within 300 feet of the subject property and
the newspaper on April 27th 2026.
11. Applicant wishes to construct an open-air, 6-pump irrigation pump station to provide pressurized
irrigation water to one high- and one low -elevation pressure zone.
12. The parcel comprises approximately 33.69 acres (1,467,694.44 square feet)
13. The site is located at the northeast corner of Parcel 115180075 adjacent Broadmoor Boulevard to the
east.
14. The site is zoned R-3 (Medium Density Residential)
15. Surrounding properties are also residentially zoned.
16. The site is located on Tract A and B of Preliminary Plat 2024-003.
17. The site was annexed in 2017 (Ordinance 4330).
18. A Preliminary Plat was proposed for the overall property in 2024 and was approved January 20th 2026.
19. The City of Pasco wishes to replace City of Pasco domestic water for landscaping with irrigation water.
20. This new facility will support development in the Broadmoor planning area, and recently annexed areas.
21. Per Pasco Municipal code (PMC) 25.22.050(1) the minimum setback for both structures and walls over
6 feet in height in the R-3 zoning district is 15 feet in front yard areas.
22. Per Pasco Municipal code (PMC) 25.22.050(1) the minimum setback for both structures and walls over
6 feet in height in the R-3 zoning district is 5 feet for side yards.
23. Noise from running pumps is anticipated during the irrigation season after project completion.
24. 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:
24.1. The proposal is in accordance with the goals, policies, objectives, maps and/or
narrative text of the Comprehensive Plan;
24.1.1. Per the Comprehensive Plan Policy UT 1-D of the Utilities Element of the Comprehensive
Plan, the City is directed to "[1]everage irrigation water in new developments to ease the use
of domestic water for maintenance of landscaping;" and similarly in Land Use Policy LU-3-
D, to "[e]ncourage the use of irrigation (non -domestic) water for landscape maintenance., and
consistent with state and federal laws.
24.2. The proposal will adversely affect public infrastructure;
24.2.1. The exiting irrigation supply network is currently operating at capacity or at deficit. The
City's domestic water network is available in much of this area. The domestic water system
does not have the capacity, nor the available water rights to provide landscape irrigation water
to either the recently annexed areas or the Broadmoor planning area. The proposed irrigation
pump station will provide the capacity for the irrigation demands of these areas and reduce
the demand for domestic water.
24.3. The proposal will be constructed, maintained and operated to be in harmony with the
existing or intended character of the general vicinity;
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24.3.1. The facility will be located in an R-3 zoning district. The intended character of the general
vicinity is residential; per Pasco Municipal Code (PMC) 25.65.010 the R-3 district is
established to provide a medium density residential environment compliant with the
Comprehensive Plan land use density table in PMC 25.215.015.
24.3.2. Noise from running pumps is anticipated during the irrigation season after project
completion. The project includes the installation of an 8' CMU block wall intended to block
sound from leaving the site once the pump station is operational. A block face will be selected
to complement the existing split face CMU block fence recently installed as a part of the
adjacent subdivision improvements.
24.3.3. Machinery will be cleaned and checked for leaks prior to working on the site. If a spill
should occur, personnel will clean up the spill per established protocols and notify
management. All chemicals will be properly handled and stored using spill containment.
24.4. 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;
24.4.1. The location and height of proposed structures are not anticipated to discourage the
development of permitted uses on adjacent properties or impair property values,
provided the development complies with applicable standards.
24.4.2. Per Pasco Municipal code (PMC) 25.22.050(1) the minimum setback for both structures
and walls over 6 feet in height in the R-3 zoning district is 15 feet in front yard areas, and 5
feet for side yards.
24.4.3. An 8' CMU block fence will be installed as a part of the completed project. A block face
will be selected to complement the existing split face CMU block fence recently installed as
a part of the adjacent subdivision improvements. The project 8' CMU block wall is intended
to block sound from leaving the site once the pump station is operational.
24.5. 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.
24.5.1. Per PMC 9.130.030 No person ... shall create, continue, or cause to be created or
continued, or allow to be created or continued, any public disturbance noise. "Public
disturbance noise" means any sound which:
24.5.1.1. Is specifically included in, but not limited to, those listed in subsection (3) of this
(section; or
24.5.1.2. That unreasonably disturbs or interferes with the peace, comfort and repose of
owners or occupants of real property and causes a noise complaint to be reported by
two or more persons occupying separate residences, neither of which residences is
within the same property boundary;
24.5.2. Per PMC 9.130.040(2) the maximum allowable noise in a residential neighborhood is 55
dBA from 7:00 am to 10:00 pm and that maximum noise level is reduced 10 dBA to 45 dBA
from 10:00 pm to 7:00 am.
24.5.3. Noise from running pumps is anticipated during the irrigation season after project
completion. An 8' CMU block fence will be installed as a part of the completed project as
well as enclosing the pumps in a built structure. The project 8' CMU block wall and enclosed
structure are intended to block sound from leaving the site once the pump station is
operational.
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24.5.4. If the CMU block fence and enclosed structure do not sufficiently block or deaden the noise
to acceptable levels, additional sound -reduction measures may be necessary for
conformance].
24.6. 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.
24.6.1. The proposal is not anticipated to endanger public health or safety, nor become a nuisance
to permitted uses within the district, provided it is developed in compliance with applicable
standards.
24.6.2. Emergency services are not outside of the nonnal operations that are currently performed
by the City of Pasco emergency services. Machinery will be cleaned and checked for leaks
prior to working on the site. No chemicals are anticipated to be stored or used (except for
maintenance) on site at completion of the project. If a spill should occur, personnel will clean
up the spill per established protocols and notify management. All chemicals will be properly
handled and stored using spill containment.
24.6.3. Per Pasco Municipal code (PMC) 25.22.050(1) the minimum setback for both structures
and walls over 6 feet in height in the R-3 zoning district is 15 feet in front yard areas, and 5
feet for side yards. One purpose of these setbacks is to ensure adequate visibility of
pedestrians, bicyclists, and vehicular traffic when conducting vehicles out of a garage or
similar sight -obscuring structure, over across the sidewalk, and entering the street.
25. An open record public hearing was held, after legal notice, on May 13, 2026.
26. No one appeared on behalf of the applicant.
27. No member of the public testified on this project.
28. The following exhibits were admitted into the record:
28.1.
Ex. A
Maps
28.2.
Ex. B
Preliminary Plans
28.3.
Ex. C
Application
28.4.
Ex. D
Public Notices
28.5. Ex. E SEPA Documents
28.6. Ex. F Staff Report
28.7. Ex. G Remainder of staff file
29. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
30. 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.
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III. DECISION
Based on the above Findings of Fact and Conclusions of Law, SP 2026-005 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The special permit shall apply to that portion of Parcel 115181188 herein specified, and any
subsequent subdivision(s) thereof.
2. The City of Pasco Public Works Department will coordinate with the property owner/developer of the
parcel to ensure the location of the irrigation pump station site does not prohibit future residential
development from conformance with municipal requirements, such as setback requirements.
3. Upon development of the parent parcel, the property acquired for the irrigation pump station project
shall comprise sufficient property area to accommodate City of Pasco development requirements
including but not limited to necessary setbacks, and provision for necessary utility easements. No
structures, (including vaults, concrete pads, equipment, block wall/fencing, etc.) may be located in the
future utility easement (per approved preliminary plat).
4. Concrete pad, equipment, and block wall/fencing elevations shall be set to ensure reasonable tie into a
future roadway along the project frontage connecting to Broadmoor Boulevard.
5. The 8' wall cited above shall be constructed of an architectural split face CMU block.
6. All required frontage improvements for a future roadway fronting this project (such as asphalt road,
stormwater system, curb, gutter, sidewalk, landscaping, streetlights, etc.) will be installed no later
than the time of development of the surrounding parent parcel.
Dated this _� day of May, 2026
CITY OF PASCO HEARING EXAMINER
_i�J
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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