HomeMy WebLinkAbout3109 Resolution RESOLUTION NO. lO
A RESOLUTION of the City of Pasco, Washington, directing
reconsideration of Special Permit Application (MF #SP06-10) of Central Pre-Mix
Concrete Company,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, as follows:
1. RECITALS AND FINDINGS
1.1 Central Pre-Mix Concrete Company (CPM) has operated a sand and gravel
facility at its west Pasco site for over 50 years. In 1982, the site ("CPM Site") was annexed to
the City of Pasco. The Pasco Site is over 429 acres in size and operates under special permits
issued by the City in 1995 (SP 95-27 to Dale Adams and SP 94-89 to CPM; collectively,
"Permit"). The Permit includes the authorization for operation of a concrete batch plant and
administrative offices. That Permit approval extends through 2025.
1.2 On August 24, 2004, CPM and Dale Adams submitted an application to modify
the 1995 Permit to allow use of a hot mix asphalt (HMA) plant within the Pasco Site. MF
#SP06-10 ("Application").
1.3 Following City issuance of an Environmental Impact Statement ("EIS"), the
Planning Commission conducted an open-record hearing on the CPM Application (August 17,
2008, and continued to August 24, 2006). The Planning Commission adopted proposed Findings
of Fact and Conclusions of Law on September 21, 2006. CPM appealed the Planning
Commission's decision to the City Council. The City Council adopted the Planning
Commission's recommendation on January 16, 2007. CPM then appealed to Franklin County
Superior Court under the Land Use Petition Act, chapter 36.70C RCW ("LUPA").
1.4 The Franklin County Superior Court granted CPM's appeal, in part, and vacated
the City Council's decision. The Court did not grant the relief requested by CPM to mandate the
issuance of a permit for the HMA plant. Rather, the Court remanded the matter to the City
Council for further proceedings on the Application.
1.5 In its decision, the Superior Court determined that the City's land use decision
was an erroneous interpretation of the law. The Court further stated:
"I don't believe under the circumstances of this case that the City decision-
makers fully considered the case in light of what I believe the proper law is, and I
think they should be given the opportunity. "
1.6 In remanding the case to the City, the Superior Court did not direct the case to be
handled in any particular manner or direct that the City arrive at a particular outcome. The Court
did provide general guidance which is a part of the City's file and records regarding this matter.
1.7 At the hearing before Franklin County Superior Court, CPM represented its
interest in and potential use of a"state-of-the-art" HMA plant at the site. Consistent with PMC
4.02.030, additional information regarding such a plant may be submitted by CPM consistent
with this Resolution.
1.8 After the remand order of the Franklin County Superior Court, CPM and City
representatives have met to discuss process for management of the remand. This resolution
comes before the Council on the stipulation of CPM and special counsel to the City. Neither
CPM nor special counsel have engaged in ex parte communications regarding this matter with
the City Council.
1.9 The City Council continues to sit in this matter in a quasi-judicial capacity.
Further consideration of any additional information should first be considered at an open record
hearing before the Planning Commission, such consideration following input from the
Community Development Director and additional environmental review as may be determined
by the City's SEPA responsible official.
1.10 It is the intent of this resolution to direct the further consideration of MF #SP06-
10 for prompt consideration by the Planning Commission, and if necessary, the Council, all in
conformance with the order of the Franklin County Superior Court as well as applicable State
and local laws.
2. ORDER ON REMAND
2.1 MF #SP06-10 is hereby remanded to the Planning Commission for further
consideration. Prior to Commission consideration, the Community Development Director will
process such additional information and provide, in consultation with CPM, such additional
environmental review as may be determined necessary and appropriate.
2.2 Following review by and report of the Community Development Director
consistent with Section 2.1, the Planning Commission shall (1) consider additional information
relating to a "state-of-the-art" HMA plant and related mitigation of impacts associated with such
a plant; and, (2) reconsider its recommendation to the City Council in response to the Franklin
County Superior Court's determination that the land use decision was an erroneous interpretation
of the City of Pasco Municipal Code.
2.3 The City Manager is hereby directed to assure prompt processing of additional
information submitted by CPM, including but not limited to an updated or revised Application
under MF #SP06-10. Such update or revisions shall not be considered a new application, or
require additional payment of fees, except as otherwise may be required for environmental
review and other costs associated with permit handling and notices.
2.4 The City Council encourages an expedited consideration of this matter with
hearing before the Planning Commission, expected to be on or after December 18, 2008, upon
prior notice and circulation of necessary documents. A determination is anticipated to be made
by the Planning Commission on January 15, 2009, or as soon thereafter as may be provided. The
matter would then be anticipated to come before the City Council either on the recommendation
or upon closed record appeal on or after February 2, 2009, for final determination.
Central Premix Special Permit
Page 2
PASSED by the City Council of the City of Pasco, Washington, at a regular open public
meeting thereof on the 6`" day of October, 2008.
Mayor Fl`a 4
ATTEST:
5011-�
k ity Clerk
APPROVED AS TO FORM:
City Attorney
Central Premix Special Permit
Page 3
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby
certify as follows:
1. The attached copy of Resolution No. :%cl(the "Resolution") is a full, true and
correct copy of an Resolution duly adopted at are lar meeting of the City Council of the City
held at the regular meeting place thereof on 067 r-6o , 200_2L, as that Resolution appears
on the minute book of the City; and the Resolution will be in full force and effect immediately
following its adoption; and
2. A quorum of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for the adoption of
the Resolution. /
IN WITNESS WHEREOF, I have hereunto set my hand this c2 day of o6�61:pGr—,
200 .
CITY OF PASCO, WASHINGTON
J0 A 10 zo Af
De ra . C , City Clerk
Central Premix Special Permit
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