HomeMy WebLinkAboutHE Determination SP 2021-009 West Pasco WTP Expansion CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
DECISION AND CONDITIONS
SP 2021-009 ) OF APPROVAL
City of Pasco Public Works )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
August 11,2021,the Hearing Examiner having taken evidence hereby submits the following Findings
of Fact, Conclusions of Law, and Decision and Conditions of Approval as follows:
I. FINDINGS OF FACT
1. PROPERTY DESCRIPTION:
1.1 Legal:Lot 1:Parcel 118180180:PTN NW4 18-9-29 DAF: COMM AT NW COR
SD SEC 18; TH S88D59'E ALG N LN SD SEC 18, 1711.47'; TH S02D03'E, 770.74;
TH S06D44'E, 315.4'TO MOST NLY COR TRACT OF LAND SHOWN AS
PARCEL 5 ON RS#456145 &TPOB, BEING ON THE SELY R/W MARG OF SR-
182; TH S06D44'E,268.86;TH S55D 31'E, 381.95'TO NWLY LN FR CO IRRIG
DIST PIPELN R/W; TH S35D21'W ALG SD PIPELN R/W, 883.96; TH
N48D21'W,237.52; TH N35D22'E,233.4l'; TH N54D38'W, 498.88'TO SELY R/W
MARG OF SD SR-182; TH N50132 FE ALG SD R/W MARG, 152.64; TH
N44D38'E ALG SD R/W MARG,402'TH N49D46'E ALG SD R/W MARG, 100;
TH N49D08'E ALG SD R/W MARG, 182.79'TO TPOB. Containing approximately
11.41 acres.
Lot 2:Parcel 118180181:PTN NW4 18-9-29 DAF: COMM AT NW COR SD SEC;
TH S88D59'E ALG N LN SD SEC 18, 1711.47'; TH S02D03'E, 770.74'; TH
S06D44'E, 315.4'TO MOST NLY COR TRACT SHOWN AS PARCEL 5 ON RS
#456145 &BEING ON SELY R/W MARG OF SR-182; TH S06D44'E,268.85; TH
S551331'E, 381.95'TO NWLY LN FR CO IRRG PIPELN R/W; TH S35D21'W ALG
SD PIPELN R/W, 883.96; TH N48D27'W,237.52'TO TPOB;TH S35D22'W,
201.16'TO NELY R/W MARG OF W COURT ST; TH N48D27'W ALG SD W
COURT ST R/W MARG, 544.67'TO PT OF CURV W/5789.58'RAD CUR CONC
TO SW,TH NWLY ALG ARC SD CUR TO LFT,THRU CTRL ANG OOD33',
ARC DIST OF 56.7 TO SELY R/W MARG SD SR-182; TH N50D21'E ALG SD
R/W MARG,383.14'; TH S54D38'E,498.88; TH S35D22'W,233.41'TO TPOB.
Containing approximately 5.1 acres.
1.2 General Location: 11315 West Court Street.
1.3 Property Size: Approximately 16.51 Acres.
1.4 Applicant: City of Pasco Public Works, 525 N 3`a Ave, Pasco,WA 99301,
2. ACCESS: The site has access from West Court Street and Road 111.
SP 2021-009
City of Pasco Public Works
Page 1 of 7
3. UTILITIES: The site is served by both water and sewer services from West Court Street.
The site also serves as the major source of treated potable water for West Pasco.
4. LAND USE AND ZONING: The site is currently zoned RS-12 (Suburban))and is
developed with a 2400 sq.ft. pre-engineered pole frame storage building with office space.
Surrounding properties zoned and developed as follows:
Northeast RS-12 Vacant
Southeast RS-12 SFDUs
Southwest RS-20 SFDUs
Northwest Interstate Highway 182
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is primarily
intended for Low-Density Residential uses. A linear open Space/Parks designation runs along
the southeast property lines. Comprehensive Plan goal CF-1 encourages the provision of
utility services within the UGA to assure anticipated growth is accommodated over the next
20 years. The GMA mandate related to utilities and public services as adopted in the City's
Comprehensive Plan states that public facilities and services necessary to support
development shall be adequate to serve development without decreasing current levels below
locally established standards. The Comprehensive Plan also encourages(CF-7)the
maintenance of an effective and cost-efficient level of fire service.An effective fire
protection system is highly dependent upon a reliable water system.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the 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 for this project on July 7,
2021, under WAC 197-11-158. Mitigation shall be as follows:
6.1 An inadvertent discovery protocol for the potential discovery of cultural or historical
artifacts must be prepared and submitted to the City before any ground-disturbing
permits are issued.
7. PROPOSAL: Applicant proposes a three-phase expansion of the City of Pasco's West Pasco
Water Treatment Plant from 6 million gallons per day (MGD) supply capacity to 12 MGD;
With the rapid growth in West Pasco, and the future projected growth, there is a need to
provide expanded domestic water service for residential and commercial purposes and for fire
protection within the community.
8. PROPERTY DESCRIPTION: The plant is located at 11315 West Court Street in an RS-12
zoning district adjacent the 1-182 freeway. The site consists of two parcels totaling
Approximately 16.51 Acres. A 75' by 160' treatment building and a 1.5-million-gallon
reservoir were completed in 2013.
9. HISTORY: The site was annexed into the City and assigned RS-12 zoning in 2001
(Ordinance 3462). The City's population in 2001 was around 27,370; the City population has
since increased to 79,580 in 2020.
10. The City approved the construction of the abovementioned water treatment plant on the site
in 2008 (SP 08-009)with the following conditions:
10.1 The special permit shall be personal to the applicant.
SP 2021-009
City of Pasco Public Works
Page 2 of 7
10.2 The site shall be developed in substantial conformity with the site plan and building
elevations submitted with the special permit application.
10.3 The access roadway from Court Street to the Plant must be hard surfaced.
10.4 The area of the site between the block wall and Court Street shall be irrigated and
planted in lawn.
10.5 Six large growing deciduous trees(Oak,Maple, Walnut,Linden etc.)shall be planted
in the lawn area to create a visual buffer to the plant and reservoir.
10.6 On-site drainage facilities shall be provided to prevent storm water runoff and
irrigation runoff from entering Court Street and sheeting across Court Street onto the
adjacent residential properties.
10.7 The plant shall be designed to meet the I-182 Corridor architectural standards of
PMC 25.58.
10.8 The block wall shall be an architectural block wall no taller than 6 feet
10.9 All onsite generators shall be screened and muffled to prevent noise intrusion onto
adjoining residential properties above noise levels prescribed in the PMC 9.61.
10.10 Testing of generators shall not occur on weekends or between 5:00 pm and 8:00 am.
10.11 The overhead power lines along Court Street shall be undergrounded with the
development of the water plant.
10.12 The special permit shall be null and void if a building permit has not been obtained
by December 8,2010.
11. Utility facilities such as water reservoirs and treatment facilities require Hearing Examiner
review through the special permit process prior to being located anywhere within the city.
12. The City is responsible for planning and providing municipal utilities within the boundaries
of the Pasco Urban Growth Area. The City is required by the Growth Management Act to
plan for population increases as estimated by the State Office of Financial Management.
13. The City's water system service area includes City and unincorporated areas within the UGB.
The 2014 population for the existing water service area was approximately 70,770. The
City's water system currently serves around 82 percent of the Franklin County population.
The projected population for the 2036 City Water Service Area is 112,200.
14. According to the Pasco Comprehensive Water System Plan, projections for future maximum
water day demand are as follows, in millions of gallons per day(mgd):
• 2022 Max Day= 31.0 mgd
• 2022 Peak Hour= 39.3 mgd
• 2022 Additional Industrial= 00.6 mgd
• 2027 Max Day= 35.8 mgd
• 2027 Peak Hour= 45.3 mgd
• 2027 Additional Industrial= 01.0 mgd
• 2036 Max Day= 41.9 mgd
• 2036 Peak Hour= 53.4 mgd
• 2036 Additional Industrial= 03.1 mgd
SP 2021-009
City of Pasco Public Works
Page 3 of 7
15. In anticipation of this growth the current West Pasco Water Treatment Plant project was
placed on the City's Capital Improvement Program list.
16. Public notice of this hearing was sent to property owners within 300 feet of the property and
in the Tri-City Herald on 19 July 2021.
17. Applicant proposes a three-phase expansion of the City of Pasco's West Pasco Water
Treatment Plant
18. The expansion would increase water capacity from 6 to 12 million gallons per day
19. The plant is located at 11315 West Court Street
20. The site is zoned RS-12
21. The site is adjacent the I-182 freeway.
22. The site consists of two parcels totaling approximately 16.51 Acres.
23. The site is developed with a 75' by 160' treatment building and a 1.5-million-gallon reservoir
24. The current facility was completed in 2013
25. The site was annexed into the City and assigned RS-12 zoning in 2001 (Ordinance 3462).
26. The City's population has increased since 2001 from 27,370 to 79,580 in 2020.
27. The City approved the construction of the current facility in 2008 (SP 08-009)
28. Utility facilities such as water reservoirs and treatment facilities require Hearing Examiner
review through the special permit process prior to being located anywhere within the city.
29. The City is responsible for planning and providing municipal utilities within the boundaries
of the Pasco Urban Growth Area.
30. The City is required by the Growth Management Act to plan for population increases as
estimated by the State Office of Financial Management.
31. The City's water system service area includes City and unincorporated areas within the UGB.
32. The City's water system currently serves around 82 percent of the Franklin County
population.
33. The projected population for the 2036 City Water Service Area is 112,200.
34. An open record public hearing after due legal notice was held August 11, 2021 via
videoconference.
35. Appearing and testifying on behalf of the applicant was Maria Serra. Ms. Serra is the Capital
Improvement Program Manager for the City of Pasco. She testified that she was an agent of
the City of Pasco and was authorized to speak on their behalf. Ms. Serra agreed with all the
representations set forth within the staff report and had no objection to any of the proposed
Conditions of Approval.
36. No member of the public testified at the hearing.
37. At the conclusion of the hearing, and at the request of the City of Pasco, the Hearing
Examiner left the record open until 5:00 p.m. Friday, August 13, 2021, for any additional
written comments to be submitted. The record closed at 5:00 p.m. on Friday, August 13,
2021.No additional comments were submitted.
SP 2021-009
City of Pasco Public Works
Page 4 of 7
38. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
39. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II. CONCLUSIONS OF LAW
Before approving the proposed special permit the Hearing Examiner must develop findings of fact
from which to draw its conclusion(PMC 25.200.080 and 25.200.100)therefrom as to whether or not:
1. The proposed use will be in accordance with the goals, policies, objectives, and text of the
Comprehensive Plan as follows:
The proposed use supports plan policies or goals as follows:
1.1 Comprehensive Plan goal CF-1 encouraging the provision of utility services within
the UGA to assure anticipated growth is accommodated over the next 20 years.
1.2 GMA mandates related to utilities and public services as adopted in the City's
Comprehensive Plan stating that public facilities and services necessary to support
development shall be adequate to serve development without decreasing current
levels below locally established standards.
1.3 The Comprehensive Plan also encourages (CF-7)the maintenance of an effective and
cost-efficient level of fire service. An effective fire protection system is highly
dependent upon a reliable water system issues.
2. As conditioned,the proposed use will not adversely affect public infrastructure because:
2.1 The proposed water plant and storage reservoir expansion will have a positive effect
on the City's water system in that it is an improvement to public infrastructure. The
reliability and safety of the City water system and fire protection system will be
maintained, and the City will be able to provide for increased water service needs to
support projected population growth.
3. The proposed use will be constructed, maintained, and operated to be in harmony with
existing or intended character of the general vicinity because:
3.1 Utility equipment, substations, booster stations, lift stations and major reservoirs are
all found within or near residential areas of Pasco. Other water related utility
facilities within the community (Butterfield Water Plant, the 10,000,000-gallon
reservoir in Desert Plateau,the Road 68 water towers &the Broadmoor reservoir) are
all located in or adjacent residential zoning districts.
3.2 The proposed water plant expansion will be constructed north of the existing facility;
there is currently an expansive lawn area fronting on court Street. The current plant is
screened with a block wall and the building is finished in earth tone colors to blend
with the surrounding residential structures.
4. The location and height of proposed structures and the site design do not discourage the
development of permitted uses on property in the general vicinity or impair the value thereof
because:
4.1 The R-S-12 zoning district permits houses to be built to a height of 35 feet. The current
facility is approximately 35 feet in height. The operation of other water related facilities
within residential districts has not discouraged development on nearby properties.
SP 2021-009
City of Pasco Public Works
Page 5 of 7
Broadmoor Estates was constructed after the Broadmoor reservoir was constructed and
the Desert Plateau River Heights neighborhood was developed after the construction of
the 10,000,000-gal reservoir. The development of Wilson Meadows on Road 108 was
not diminished or limited by the fact that the Road 108 public works yard and irrigation
pumping station is nearby.
5. The operations in connection with the proposal will not 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 because:
5.1 The water plant is enclosed in a building that provides sound proofing and visual
protection to the neighborhood. The plant will generate significantly less traffic than
other permitted uses within the district.
6. The proposed use will not 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
because:
6.1 The water plant continues to improve the general welfare of the community by
increasing the capacity of both the water system and the fire protection system of the
City. The plant's enclosure within a building surrounded by a block wall and the
landscaping are all design features utilized to ensure the proposed water plant
expansion will not become a nuisance to surrounding uses.
7. As conditioned,the proposed use is consistent with the Pasco Comprehensive Plan and Pasco
Municipal Code.
8. 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, the Hearing Examiner APPROVES
Application SP 2021-009-City of Pasco Public Works, subject to the following Conditions of
Approval.
IV. CONDITIONS OF APPROVAL
1. The special permit shall apply to Franklin County Tax Parcels 118180180 and 118180181.
2. The site shall be developed in substantial conformity with the site plan and building
elevations submitted with the special permit application.
3. An architectural block wall matching the existing wall shall be built around the expanded
facility.
4. Six additional large-growing deciduous trees(Oak, Maple, Walnut, Linden etc.) shall be
planted in the lawn area between the facility and West Court Street in such a way as to create
a visual buffer.
5. Lawn or groundcover shall be installed between the facility wall and Road 111.
SP 2021-009
City of Pasco Public Works
Page 6 of 7
6. Six large-growing deciduous trees(Oak,Maple, Walnut,Linden etc.)shall be planted
between the facility wall and Road 111 in such a way as to create a visual buffer.
7. On-site drainage facilities shall be provided to prevent storm water runoff and irrigation
runoff from entering Court Street and sheeting across Court Street onto the adjacent
residential properties.
8. The plant expansion shall be designed to meet the I-182 Corridor architectural standards of
PMC 25.58.
9. All onsite generators shall be screened and muffled to prevent noise intrusion onto adjoining
residential properties above noise levels prescribed in the PMC 9.61.
10. Testing of generators shall not occur on weekends or between 5:00 pm and 8:00 am.
11. The special permit shall be null and void if a building permit has not been obtained within
two years of Special Permit approval
Dated this 16`"day of August,2021.
CITY F ASCO HEARING EXAMINER
A drew 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).
SP 2021-009
City of Pasco Public Works
Page 7 of 7