Loading...
HomeMy WebLinkAboutHE Determination SP 2021-001 Ray Poland and Sons Recycling Center CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION Ray Poland and Sons Inc. Special Permit, SP 2021-001 March 25, 2021 1. FINDINGS OF FACT 1.1 Proposal. Special Permit request for renewal of a resource recovery facility on an approximately 14 acre site. The facility has been operating since 1993. Operations include concrete crushing, recycling and storage; and hog fuel production (wood recycling). All resource activities occur within a substantial topographic depression, which serves as a noise and sight barrier. • Applicant. Ray Poland and Sons Inc., P. O. Box 6772, Kennewick, WA 99336. • Location. 215 East Ainsworth Avenue, Pasco, WA 99301. Within Assessor Parcel Nos. 112401151, 112401142, and 112401124.1 1.2 Site and Surrounding Zoning/Uses. The Plan designates the site for industrial use, and the site is zoned I-1 (Light Industrial). Surrounding zoning and uses are: North: I-1 (BNSF railroad) East: I-1 (municipal sewer treatment facility) South: R-2 and R-3 (single-family homes and duplexes) West: R-2, R-3, and I-1 (BNSF railroad, single-family homes, and duplexes) 1.3 Evidence Reviewed. The Examiner admitted the Community and Economic Development Department's ("Department") Staff Report, which attached maps (overview, vicinity, use, and zoning), area photographs, the notice of application, and SEPA determination. At the initial hearing, the Examiner requested additional background information, including the earlier permits for the facility and the current application, which were provided. Also provided was documentation of a question from the Confederated Tribes of Colville Nation and a DAHP response e-mail, noting there were no "identified no archaeological sites or historic properties within the project area." 1.4 SEPA. The City of Pasco issued a Determination of Non-Significance on February 14, 2011.2 An updated Checklist was provided; the original SEPA review covers permit renewal. 1.5 Hearing. An open record public hearing was initially held on February 10, 2021. Hearing notice was sent to nearby property owners and posted in the Tri-City Herald on 1 See Staff Report,p. 1 for legal description. 2 Staff Report,p. 1. City of Pasco Hearing Examiner Page 1 of 5 Decision, Special Permit SP 2021-001 December 27, 2020.3 The notice erroneously listed the hearing and comment period dates as March 10 (the next regularly scheduled hearing), so the hearing was continued to March 10, and record kept open through March 12 to allow for public comment. Due to COVID-19 restrictions, the hearing was conducted remotely, with the Examiner, and Department calling in. Access information was available to the public to allow citizens to join via either a video link or telephone call-in. There were no reported technical difficulties during the call or afterwards, and no citizen comment was submitted. At the hearing, the Department, through Mr. Adams, summarized the proposal. He stated a member of the public had called to ask if there were any significant changes to the facility with the permit renewal. There are not. No citizen indicated a wish to comment. 1.6 Notice. With the hearing continuance, coupled with the mailed and published notice, notice consistent with code requirements was provided.4 No concerns on notice were raised. 1.7 Utilities. The use does not require sewer or water service. 1.8 Access. Ainsworth Avenue. 1.9 Project Details. The use has operated without complaint for the past 23 years. The facility was approved by Special Permit in 1998, and again in 2011, with hog fuel production added to the concrete crushing and recycling operations in 2011. Hog fuel production includes accumulation of scrap wood, wood chipping via mechanized chipper, piling of wood chips, and transportation of wood chips to off-site locations for use as fuel. The concrete crushing operation involves scrap concrete arriving on-site. The concrete is loaded onto the crusher and crushed, stored in outdoor piles, and then transported to construction sites for use. Though resource activities occur within a substantial topographic depression which provides a noise and sight barrier, the site's western border is level with the 4th Avenue road grade and residences along 0' Avenue. The homes are separated from the facility by an 80-foot right-of- way and BNSF railroad tracks. Combined, the tracks and road are 277 feet. The Applicant will install a site screening wall or fence to adequately buffer the residences. 1.10 Conditions. To ensure project development consistent with City requirements and findings, the Department's proposed conditions should be imposed without substantive revision. The Applicant did not object to the conditions, which are similar (though not the same as) the 2011 permit conditions, approved through City Council Resolution 3319, following a Planning Commission hearing. Except as the Decision revises it, the Staff Report is incorporated. 2. CONCLUSIONS The Hearing Examiner approves a request for a resource recovery use by Special Permit.5 The Hearing Examiner may only grant a Special Permit if the proposal adequately addresses whether: 3 Staff Report,p.2;PMC 25.200.070 and PMC 25.210.040. 4 Staff Report,p.2;PMC 25.200.070 and 25.210.040. 5 PMC 25.115.040;PMC 25.200.020(8). City of Pasco Hearing Examiner Page 2 of 5 Decision, Special Permit SP 2021-001 (1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; (2) The proposal will adversely affect public infrastructure; (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; (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; (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; and (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.6 The Comprehensive Plan designates the site for light industrial use and is implemented through the zoning code, which conditionally authorizes resource recovery facilities as unclassified uses.7 The Plan encourages development of a wide range of commercial and industrial uses, if suitably mitigated. The project provides an industrial service, reduces the volume of waste entering landfills, and otherwise follows the Plan. The proposed use is adequately supported by surrounding municipal infrastructure. The facility is consistent with surrounding uses which include other industrial uses such as the railroad and sewer plant. Compatibility with the residences to the west will be further addressed with a site screening fence or wall. As demonstrated by the past 23 years of operation without complaint, the proposed use does not discourage development of permitted uses in the vicinity. Activities are limited to certain daytime hours and dust will be controlled. Traffic and noise have not been an issue. With mitigation measures, the proposed use does not endanger the public health and safety and will not constitute a nuisance to nearby residents. DECISION The Hearing Examiner, pursuant to the above Findings of Fact and Conclusions of Law, approves the requested Special Permit, subject to these conditions. 1. The Special Permit shall apply to parcels 112401151, 112401142 and 112401124. 2. The activities approved by this special permit are limited to concrete crushing and recycling and wood chipping. 6 PMC 25.200.080. PMC 25.115.040;PMC 25.200.020(8). City of Pasco Hearing Examiner Page 3 of 5 Decision, Special Permit SP 2021-001 3. The site shall not be used for the disposal or storage of any items classified as solid waste and/or which readily decompose. 4. The Applicant shall obtain and maintain all necessary governmental permits for the operations permitted by this special permit. 5. Crushing and chipping activities shall only be permitted between 7:00 am and 6:00 pm. 6. Crushing and chipping activities on Sundays and holidays are prohibited. Holidays include the date of observance of New Year's Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day and Christmas Day. 7. A sight-screening fence or wall shall be installed along Ainsworth Avenue; an approved vision triangle at the driveway entrance at Ainsworth Avenue will be required. 8. The concrete crushing operation must follow best management practices. Best management practices include,but are not limited to: 1. Using water or chemical dust suppressant on particulate matter (PM) containing surfaces (i.e., haul roads, staging areas, transfer areas and parking areas) 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. Managing activity during high winds, if the winds are likely to cause the release of PM into the air; 3. 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.; 4. Managing vehicle loads with potential of release of PM with appropriate covers or freeboard consistent with applicable laws; 5. 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; 6. Limiting vehicle speed to less than 15 miles per hour on unpaved surfaces; 7. Consolidating storage piles whenever possible; 8. Managing stockpile loader and haul truck travel to control release of PM. 9. Preventing the deposition of PM onto paved public roadways. 9. This Special Permit shall expire on January 1, 2031. City of Pasco Hearing Examiner Page 4 of 5 Decision, Special Permit SP 2021-001 Absent a timely appeal,this Decision is final.$ DECISION entered March 25,2021. ity of Pasco earing Examiner Susan Elizabeth Drummond a See Ch.36.700 RCW(establishing 21 day appeal period to superior court,and setting forth necessary petition for review contents,along with filing and service requirements). City of Pasco Hearing Examiner Page 5 of 5 Decision, Special Permit SP 2021-001