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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 Page 4