HomeMy WebLinkAbout2022.10.17 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, October 17, 2022
City Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would
like to provide public comment remotely, may continue to do so by filling out
the online form via the City’s website (www.pasco-wa.gov/publiccomment) to
obtain access information to comment. Requests to comment in meetings
must be received by 4:00 p.m. on the day of this meeting.
To listen to the meeting via phone, call (631) 992-3211 and use access code
613-585-088.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-
wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by Council members
or the public, the item may be removed from the Consent Agenda to the
Regular Agenda and considered separately.
7 - 20 (a) Approval of Meeting Minutes for September 30th, October 3rd, 4th
and 11th
To approve the minutes of the Pasco City Council's Special Mini
Retreat held on September 30, 2022, Regular Meeting held on
October 3, 2022, Special Listening Session held on October 4, 2022,
and Regular Workshop held on October 11, 2022.
Page 1 of 240
21 - 23 (b) Bills and Communications
To approve claims in the total amount of $3,271,034.15 ($1,941,066.76
in Check Nos. 251258-251605; $296,169.55 in Electronic Transfer
Nos. 837623, 837625, 837701-837702, 837802; $21,325.48 in Check
Nos. 54142-54155; $1,012,472.36 in Electronic Transfer Nos.
30181227-30181803).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non -
criminal, criminal, and parking) accounts receivable in the total amount
of $211,049.32 and, of that amount, authorize $0.00 to be turned over
for collection.
24 - 28 (c) Resolution No.4262 - Appointment Process for City Boards &
Commissions
To approve Resolution No. 4262, amending the process for
appointments to City Boards and Commissions.
29 - 48 (d) Ordinance No. 4613 & Resolution No. 4263 - Budget Amendment
& Approval of Behavioral Health Personal Services Agreement
with Awareness Consulting & Training, LLC
To adopt Ordinance No. 4613, amending the 2021-2022 Biennial
Budget (Ordinance No. 4650) of the City of Pasco, Washington, by
providing the supplement thereto; to provide additional appropriation in
the City's Ambulance Fund for Mental/Behavioral Health Personal
Services Agreement, and further, authorize publication by summary
only.
To approve Resolution No. 4263, authorizing the City Manager to
execute and make minor substantive changes to a Personal Services
Agreement Awareness Consulting & Training, LLC for a Behavioral
Health Clinician.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
49 (a) Proclaiming Community Media Day - Accepting the Proclamation,
Jon Funfar, Communications Program Manager
6. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for
debate or for the posing of questions with the expectation of an immediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have access to
Page 2 of 240
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invite d to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
50 - 63 (a) Public Hearing and Ordinance No. 4614 - Ad Valorem Tax
(Property Tax)
MOTION A: I move to adopt Ordinance No. 4614, providing for an
increase in the regular property taxes of the City for levy in 2022 and
collection in the 2023 tax year; preserving the levy capacity for future
years: and providing for related matters. [Zero-Percent (0 %) increase
from the previous year, 2022]
-or-
MOTION B: I move to adopt Ordinance No. 4614, providing for an
increase in the regular property taxes of the City for levy in 2022 and
collection in the 2023 tax year; preserving the levy capacity for future
years: and providing for related matters. [One-Percent (1 %) increase
from the previous year, 2022]
-or-
MOTION C: I move to adopt Ordinance No. 4614, providing for an
increase in the regular property taxes of the City for levy in 2022 and
collection in the 2023 tax year; and providing for related matters. [One-
Percent (1 %) increase from the previous year, 2022; plus banked
capacity for the years from 2019 to 2021]
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
64 - 107 (a) *Q Ordinance No. 4615 - Road 40 LLC Rezone I-1 to I-2 (Z 2022-
009)
MOTION: I move to adopt Ordinance No. 4615, approving a rezone for
a property on the west side of Road 40 East, south of "A" Street from
I-1 (Light Industrial) to I-2 (Medium Industrial) and further, authorize
publication by summary only.
Page 3 of 240
108 - 145 (b) *Q Ordinance No. 4616 - Ramgar Commons Rezone - Office to C-
1 & R-1 (Z 2022-010)
MOTION: I move to adopt Ordinance No. 4616, approving a rezone for
a property located at the northeast corner of Road 42 and West Court
Street, from Office to C-1 and R-1, and further, authorize publication
by summary only.
146 - 216 (c) *Q Ordinance No. 4617 - Magnolia Heights Rezone - Office & C-1
to R-3 (Z 2022-011 & 012)
MOTION: I move to adopt Ordinance No. 4617, approving a rezone for
a property lying south of Chapel Hill Boulevard and west of Road 100,
from “O” (Office) and C-1 (Retail Business) to R-3 (Medium-Density
Residential) and further, authorize publication by summary only.
217 - 221 (d) *Resolution No.4264 - Setting Public Hearing for Right-of-Way
Vacation at Court & Road 68
MOTION: I move to approve Resolution No. 4264, initiating vacation
proceedings and setting 7:00 pm, Monday, November 21, 2022, as the
time and date to conduct a public hearing to consider the vacation of a
portion of Right-of-Way lying north of the centerline of W. Court St. and
west of the centerline of Road 68.
222 - 238 (e) *Resolution No.4265 - Purchase and Sale Agreement for
Improvements on Real Property (Blasdel/PWRF)
MOTION: I move to approve Resolution No. 4265, authorizing the
purchase of personal property and leasehold interests on property
located at 515 Blasdel Road, Pasco, Washington.
10. UNFINISHED BUSINESS
11. NEW BUSINESS
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
(a) Discussion with Legal Counsel About Current or Potential
Litigation per RCW 42.30.110(1)(i) (15 minutes)
14. ADJOURNMENT
15. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Page 4 of 240
Q Quasi-Judicial Matter
MF# “Master File #....”
239 - 240 (b) Adopted 2020-2021 Council Goals (Reference Only)
(c) REMINDERS
• Monday, October 17, 6:00 PM: LEOFF Disability Board –
City Hall Conference Room 1, Pasco City Hall (MAYOR
BLANCH BARAJAS, Rep.; MAYOR PRO TEM CRAIG
MALONEY, Alt.)
• Wednesday, October 19, 5:30 PM: Benton, Franklin & Walla
Walla Counties Good Roads & Transportation Association
Meeting – Clover Island Inn, Kennewick
(COUNCILMEMBER JOSEPH CAMPOS, Rep.;
COUNCILMEMBER PETE SERRANO, Alt.)
• Thursday, October 20, 7:30 AM: Hanford Communities
Governing Board Meeting – Richland City Council
Chambers (COUNCILMEMBER ZAHRA ROACH, Rep.;
COUNCILMEMBER PETE SERRANO, Alt.)
• Thursday, October 20, 12:30 PM: Greater Columbia
Accountable Community of Health – Virtual Meeting
(COUNCILMEMBER ROACH, Rep; MAYOR BARAJAS, Alt.)
• Thursday, October 20, 3:30 PM: Franklin County
Emergency Management Council Meeting – EMS Office,
1011 E. Ainsworth (MAYOR BLANCH BARAJAS, Rep.;
COUNCILMEMBER DAVID MILNE, Alt.)
• Thursday, October 20, 4:00 PM: Downtown Pasco
Development Authority – DPDA (COUNCILMEMBER
IRVING BROWN, Rep.; MAYOR PRO TEM CRAIG MALONEY
Alt.)
• Thursday, October 20, 4:00 PM: Tri-Cities National Park
Committee Meeting – Tri-Cities Regional Business & Visitor
Center, Bechtel Board Room, 7130 W. Grandridge Blvd.,
Kennewick (MAYOR BLANCHE BARAJAS, Rep.; MAYOR
PRO TEM CRAIG MANLONEY, Alt.)
• Friday, October 21, 10:00 AM: Benton-Franklin Council of
Governments Board Meeting – Ben-Franklin Transit, 1000
Columbia Park Trail, Richland (COUNCILMEMBER IRVING
BROWN, Rep., COUNCILMEMBER DAVID MILNE, Alt.)
• Monday, October 24, 4:00 PM: Hanford Area Economic
Investment Fund Advisory Committee Meeting – Ben
Franklin Transit Main Conference Room
(COUNCILMEMBER PETE SERRANO, Rep.)
• Tuesday, October 25, 3:30 PM: Pasco Public Facilities
District Board Special Meeting & Workshop – Pasco City
Hall, Conference Room 5 (MAYOR PRO TEM CRAIG
MALONEY, Rep.; COUNCILMEMBER DAVID MILNE, Alt.)
Page 5 of 240
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor
avisa la Secretaria Municipal dos días antes para garantizar la
disponibilidad. (Spanish language interpreter service may be
provided upon request. Please provide two business day's notice
to the City Clerk to ensure availability.)
Page 6 of 240
AGENDA REPORT
FOR: City Council October 13, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/17/22
FROM: Debra Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes for September 30th, October 3rd, 4th and
11th
I. REFERENCE(S):
09.30.2022, 10.03.2022, 10.04.2022, & 10.11.2022 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council's Special Mini Retreat held on
September 30, 2022, Regular Meeting held on October 3, 2022, Special
Listening Session held on October 4, 2022, and Regular Workshop held on
October 11, 2022.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 7 of 240
MINUTES
City Council Special Meeting
5:30 PM - Friday, September 30, 2022
Courtyard by Marriott Pasco Tri-Cities Airport
CALL TO ORDER
The meeting was called to order at 5:42 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph
Campos, David Milne, Zahra Roach, and Pete Serrano
Councilmembers absent: None
Staff present: Dave Zabell, City Manager and Adam Lincoln, Deputy City Manager.
ITEMS FOR DISCUSSION
City Council met to discuss Council's goals and strategic priorities. The City Council
generally discussed the following areas: Budget, City Boards and Commissions,
Economic Development Projects citywide, Pasco Municipal Code, and how items are
presented at City Council meetings.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:22 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 1 of 1Page 8 of 240
MINUTES
City Council Regular Meeting
7:00 PM - Monday, October 3, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph
Campos, David Milne, Zahra Roach, and Pete Serrano
Councilmembers absent: None
Staff present: Dave Zabell, City Manager; Darcy Buckley, Finance Director; Colleen
Chapin, Human Resources Director; Eric Ferguson, City Attorney; Zach Ratkai,
Administrative & Community Services Director; Steve Worley, Public Works
Director; and Debby Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA
Approval of Meeting Minutes for September 19th, 26th and 27th
To approve the minutes of the Pasco City Council Regular Meeting held on
September 19, 2022, Regular Workshop held on September 26, 2022, and Special
Listening Session held on September 27, 2022.
Bills and Communications - Approval of Claims in the Total Amount of
$4,657,609.09
To approve claims in the total amount of $4,657,609.09 ($3,154,471.67 in Check
Nos. 250928-251257; $523,582.65 in Electronic Transfer Nos. 837014-837026,
837081-837087, 837199-837220, 837254-837350, 837361-837598, 837600;
$21,064.10 in Check Nos. 54125-54141; $958,490.67 in Electronic Transfer Nos.
30180661-30181226).
Page 1 of 6Page 9 of 240
Ordinance No. 4610 & Resolution No. 4256 - Budget Adjustment & Bid Award
for Animal Shelter Offsite Improvements
To adopt Ordinance No. 4610, amending the 2021 -2022 Biennial Budget
(Ordinance No. 4560) of the City of Pasco Washington, by proving supplement
thereto; to provide additional appropriating in the City's General CIP Fund for the
Animal Shelter Facility (S. 18th Avenue) project.
To adopt Resolution No. 4256, awarding Bid No. 17999A for the Animal Shelter
Facility (S. 18th Avenue) project to Double J. Inc. of Richland, Washington and
further Authorize the City Manager to execute the contract documents and all owing
all necessary budget adjustments.
Resolution No. 4257 - Change Order No. 7 with Cascade Bridge LLC for the
Lewis Street Overpass Project
To approve Resolution No. 4257, authorizing the City Manager to execute Change
Order No. 7 to the Construction Contract with Cascade Bridge, LLC. for the Lewis
Street Overpass project.
Resolution No. 4258 - Funding Application to Ecology for Process Water
Reuse Facility Pretreatment Improvements (Phase 2) Winter Storage Ponds
To approve Resolution No. 4258, authorizing the submittal of a Department of
Ecology Clean Water State Revolving Fund Loan Application for the Process Water
Reuse Facility Phase 2 project.
Resolution No. 4259 - Franklin County Irrigation District License Agreement:
Transmission Main - West Pasco Water Treatment Plant to Zone 3 Project
To approve Resolution No. 4259, authorizing the execution of a License Agreement
between the City of Pasco and the Franklin County Irrigation District for easement
access during construction of the City's Zone 3 Transmission Main.
Resolution No. 4260 - Award and Acceptance of 2021 SAFER Grant
To approve Resolution No. 4260, approving the acceptance of the S taffing For
Adequate Fire And Emergency Response (SAFER) Grant awarded by the U.S.
Department of Homeland Security Federal Emergency Management Agency.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Serrano to approve the Consent Agenda as read.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
Page 2 of 6Page 10 of 240
VISITORS - OTHER THAN AGENDA ITEMS
Carl Holder, Downtown Pasco business owner, commented on the COPA events held
in the Pasco downtown area in late September 2022. He thanked Jose Iniquez, the
producer of the Mid-Columbia Symphony and musicians from Colima, Mexico Saturday
evening event, stating that is was an outstanding community event.
Jose Iniguez, Downtown Pasco business owner and producer of the COPA Saturday
evening main event, expressed appreciation to City staff for their efforts in supporting
him and the COPA organizers the success of the Sympathy and Opera singers evening
event.
Steve Bauman, Franklin County resident, recommended that the City of Pasco
purchase HAPO Center from Franklin County.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mayor Pro Tem Maloney commented on the first Listening Session, related to the
sale of retail cannabis, held at the HAPO Center on September 27th and
announced the second Listening Session was scheduled for October 4th at 6:30
PM. He also commented on the Elected Leaders Reception hosted by the Tri Cities
Regional Chamber of Commerce and the City Council mini -retreat held the past
week.
Ms. Roach provided an update on search for new Visit Tri Cities CEO. She also
commented on the first Listening Session for retail cannabis. Lastly, she discussed
a Benton Franklin Recovery Coalition fund raising event held a few weeks prior.
Mayor Barajas provided an update on the continued visit of the Colima, Mexico
delegate during the past week.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
Public Hearing & Ordinance No. 4611 - Tri-Cities Animal Shelter Right-of-Way
Vacation (VAC 2022-005)
Mr. White provided a brief report on the proposed right-of-way vacation.
Mayor Barajas declared the Public Hearing open to consider the proposed Tri -
Cities Animal Shelter Right-of-Way Vacation.
Carl Holder, business owner, stated that the water quality located at the vacation
site was below substandard.
Page 3 of 6Page 11 of 240
Following three calls for comments, and there being none, Mayor Barajas declared
the Public Hearing closed.
Mr. Serrano asked Mr. White to address the comment made stating the water
quality was the below substandard at a later time as he noted it didn't have an affect
on the proposed vacation.
Mr. White confirmed that the proposed vacation would no t affect the quality of the
water in the pond one way or the other and that he would need to contact the U.S.
Army Corps of Engineers regarding the water quality in the pond, as it is under their
jurisdiction.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to adopt Ordinance No. 4611, vacating Court Street and Lena Street
in Block 10 of Oakley's Riverfront Addition to Pasco; and further; authorize
publication by summary only.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Resolution No. 4261 - Capital Improvement Plan (CIP) for 2023-2028 Projects
Ms. Buckley provided a brief report on the Capital Improvement Plan (CIP) for the
years from 2023 through 2028.
Council and staff discussed the project updates in further detail.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne
to approve Resolution No. 4261, approving the Capital Improvement Plan for
calendar years 2023 - 2028.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
Ordinance No. 4612 - Local Improvement District No. 151 Northwest Sewer -
Final Assessment
Mr. Worley provided a brief review of the proposed final assessment for the
Northwest Sewer Local Improvement District No. 151.
Page 4 of 6Page 12 of 240
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to adopt Ordinance No. 4612, approving and confirming the
assessments and assessment roll of Local Improvement District No. 151 for the
construction of new sanitary sewer trunk line and other sewer improvements in
the City’s Northwest (Broadmoor) area, as provided by Ordinance No. 4483, and
levying and assessing a part of the cost and expense thereof against the several
lots, tracts, parcels of land and other property as shown on the assessment roll.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
MISCELLANEOUS DISCUSSION
Mr. Zabell commented on the LID No. 151, noting that it is a great development tool.
He announced the second Listening Session regarding the Retail Sales of Cannabis in
Pasco was scheduled for Tuesday, October 4th at 6:30 PM. He reminded Council that
next week's Workshop was scheduled for Tuesday, October 11, 2022 as Monday was
a federally observed, legal Holiday (Columbus Day).
Mr. Zabell asked Council if they desired to maintain the current City Boards and
Commissions appointment process that was developed during the COVID-19 pandemic
or if they preferred to return to the previous process (pre-pandemic). Council discussion
ensued comparing the two processes and at the end of the discussion Council
concurred they would prefer to continue the current pro cess for the appointment of
members to the City Boards and Commission. Mr. Zabell stated that a resolution with
the updated process will be brought back to Council for review at the new Council
Workshop.
Mayor Pro Tem Maloney commented on the Pasco Muni cipal Code (PMC) related to
food trucks. After a brief discussion it was determined that the the Downtown Pasco
Development Authority and both Chambers of Commerce would be contacted to solicit
their suggestions regarding potential revisions to that section of the PMC.
EXECUTIVE SESSION
Council adjourned into Executive Session at 7:50 PM for 20 minutes to discuss the
consideration of site selection or acquisition of real estate purchase or lease if
likelihood that disclosure would increase price per RCW 42.30.110(1)(b) with the
City Manager, Deputy City Manager, the City Attorney, Mr. Worley and Mr. Ratkai.
Mr. Worley and Mr. Ratkai left the Executive Session at 7:54 PM.
At 8:09 PM Mayor Barajas announced that the Executive Session would continue
for another five (5) minutes.
Page 5 of 6Page 13 of 240
At 8:15 PM Mayor Barajas announced that the Executive Session would continue
for another five (5) minutes.
At 8:21 PM Mayor Barajas announced tha t the Executive Session would continue
for another five (5) minutes.
Mayor Barajas called the meeting back to order at 8:27 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:27 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 6 of 6Page 14 of 240
MINUTES
City Council Special Meeting
6:30 PM - Tuesday, October 4, 2022
Pasco Police Regional Training Center, 204 West Clark Street
COUNCIL & STAFF ATTENDANCE
Councilmembers present: Craig Maloney, Irving Brown, Joseph Campos, David
Milne, and Zahra Roach
Councilmembers absent: Blanche Barajas and Pete Serrano
Staff present: Dave Zabell, City Manager; Rick White, Community & Economic
Development Director; and Debby Barham, City Clerk.
DISCUSSION ON RETAIL SALES OF CANNABIS WITHIN PASCO
Mr. Zabell opened the listening session with introductions of the City C ouncilmembers
and City staff in attendance. Next, he provided a brief history on the legalization of the
retail sales of cannabis in Washington State and the regulations associated with
establishing a retail shop, which included maps of the City where the sale of cannabis
is prohibited and the zones where it may be permitted. Lastly, he asked that those
individuals who have previously spoken, to hold their comments until the new
individuals had the opportunity to express their thoughts on the topic.
Out of approximately 30 community members in attendance, 21 community members
spoke, either in support of or against, to the proposal of retail sales of cannabis within
Pasco's city limits.
CLOSE
The listening session closed at 7:50 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 1 of 1Page 15 of 240
MINUTES
City Council Workshop Meeting
7:00 PM - Tuesday, October 11, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph
Campos, and David Milne
Councilmembers absent: Zahra Roach and Pete Serrano
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager;
Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Bob Gear, Fire
Chief; Ken Roske, Police Chief; Rick White, Community & Economic Development
Director; John Millan, Acting Public Works Director; and Debby Barham, City Clerk.
Pledge of Allegiance
Mayor Barajas introduced a local troop of Girl Scouts who lead the Pledge of
Allegiance in honor of the 10th Anniversary of "Day of the Girl."
EXECUTIVE SESSION
Council adjourned into Executive Session at 7:06 PM for 30 minutes to discuss with
legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the
City Manager, Deputy City Manager and the City Attorney.
At 7:36 PM Mayor Barajas announced that the Executive Session would continue
for another 10 minutes.
At 7:47 PM Mayor Barajas announced that the Executive Session would continue
for another 13 minutes.
Mayor Barajas called the meeting back to order at 8:01 PM.
Page 1 of 5Page 16 of 240
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Milne commented on Pasco Business Advisory Council and Ivy Glades
Homeowners Association meeting he recently attended noting that City Engineer
Padvorac was also in attendance at the Ivy Glades HOA meeting.
Mayor Pro Tem Maloney commented on second Listening Session regarding the topic
of retail sales of cannabis. He also briefly discussed the virtual Downtown Master Plan
Open House held recently.
Mayor Barajas commented on recent Tri-Cities Hispanic Chamber of Commerce event
where City Manager Zabell received a lifetime career achievement award. She also
commented on a masquerade ball she recently attended benefitting the State Anchored
Recovery Services.
ITEMS FOR DISCUSSION
Public Forum for Formation of Broadmoor Tax Increment Area (TIA)
Mr. Zabell provided a brief recap of the proposed Broadmoor Tax Increment Area
(TIA) and then introduced Bob Stowe, Principal with Stowe Development &
Strategies, who provided an overview of the Tax Increment Financing (TIF), the key
elements of the TIF, the tax impacts, the project analysis including the needed
improvements from both the public and private entities, risk assessment and
mitigation plan, the findings and bottom line and the Office of State Treasurer
review. Then, he discussed the next steps in the formation of the Broadmoor TIA.
Council and Mr. Stowe discussed next steps and Mayor Pro Tem noted that the
draft ordinance needs to be reviewed for minor inconsistences and errors, such as
including the word "stormwater" within it.
General Fund Revenue and Ad Valorem Tax (Property Tax) Presentation
Ms. Buckley provided a brief report on the City's projected General Fund Revenue
and Ad Valorem Tax, noting that the public hearing for the Ad Valorem Tax was
scheduled for the October 17th Council meeting.
Council and staff briefly discussed the proposed 2023 Ad Valorem tax and if the
City moves forward with taking the allowable one percent (1 %) then it may be
preferable to take the rest of the banked capacity since it was last taken in 2019 for
consistency purposes.
Ms. Buckley will provide a scenario that will depict taking the banked capacity and
current 1 % available to Council.
RECESS
Mayor Barajas called a five-minute recess at 8:52 PM.
Page 2 of 5Page 17 of 240
ITEMS FOR DISCUSSION CONTINUED
2022 Ambulance Utility Rate Study
Ms. Buckley introduced Martin Chaw, Project Manager from FCS Group, who
provided a brief report on the 2022 Ambulance Utility Rate Study recently
completed and recommended that the City increase the ambulance utility rate to
fully fund its operation, including the new Fire Station No. 85, effective January
2023.
NOTE: Councilmember Campos arrived to the Workshop at 9:14 PM.
Council and Mr. Chaw briefly discussed the proposed Ambulance Utility Fee
increase.
Butterfield Water Treatment Plant Facility Plan
Mr. Millan introduced Senior Engineer Padvorac and Ali Leeds, P.E. Project
Manager from Carollo Engineering, Inc., who provided a brief overview of the
Butterfield Water Treatment Plant (Butterfield WTP) Facility Plan recently
completed.
Council, Ms. Leeds and Mr. Padvorac briefly discussed the proposed facility plan.
Tri-Cities Animal Control and Sheltering Services Update
Mr. Zabell introduced Senior Management Analyst Pashon, who provided an
update on the Tri-Cities Animal Control Authority (TCACA) and Shelter Services
since the City took over the operational services of the animal control and sheltering
services in mid-July 2022. She announced that the TCACA (consisting of the Cities
of Kennewick, Richland and Pasco) determined that a City run Animal Control and
Shelter Services was in the best interest of the animals (cats and dogs) in TCACA
area. She stated that if Council is in agreement, then the annual budget for the
operation of the TCACA facility and services will be divided evenly among the three
Cities; and staff will include 20 full-time equivalents (FTEs) into the 2023-2024
Biennial Budget. Also, posting for an Animal Services Manager would be published
immediately and once hired, that manager would have the opportunity to analyze
the current operations and identify adjustments before the end of the fiscal year.
Council and staff further discussed the Animal Shelter and Animal Control Services.
Ordinance & Resolution - Budget Amendment & Approval of Behavioral
Health Personal Services Agreement with Awareness Consulting & Training,
LLC
Fire Chief Gear introduced Deputy Fire Chief Dunbar, who provided a brief report
on the proposed Behavioral Health Personal Services Agreement for the addition
of a Mental / Behavioral Clinician to the Pasco Fire Department's Pasco Resource
Page 3 of 5Page 18 of 240
Navigator (PRN) program. He noted that this request for the American Rescue Plan
Act (ARPA) funding to pay for this position had previously been discussed at
Council's June 27, 2022, Workshop.
Council and staff held a brief discussion regarding the proposed Mental / Behavioral
Clinician and offered additional ARPA funding for this program, if needed.
Resolution - Appointment Process for City Boards & Commissions
Mr. Zabell introduced City Clerk Barham, who provided a brief recap of the current
City Boards and Commissions appointment process, which was previously
discussed at the last Council meeting. The draft resolution captured the updates
and it will come back to Council for final action at the next regular Council meeting.
Recap of Recent Retail Sales of Cannabis Listening Sessions
Mr. Zabell initiated discussion on the recent Listening Session s, stating that this
was an opportunity for Council to discuss their take-a-ways from the Listening
Sessions and to express their preference so that staff may move forward on
developing a series of options for Council to decide on so that the appropriate
ordinance/ordinances may be prepared.
Council discussion ensued and resulted in concurrence that they were ready to
make a decision. Council requested that City Attorney Ferguson lay out the options
that Council would need to decide on in order for staff to prepare an ordinance at
the next Workshop scheduled for October 24th.
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Zabell announced the Pasco Fall Festival was scheduled for October 22nd and
23rd in Volunteer Park and Fire Station No. 84 would hold their Open House on October
29th. Lastly, he noted the recent promotions of Jon Padvorac to City Engineer and
Griselda Garcia to Finance Manager.
Mayor Barajas announced "Coffee in Arms," a coffee with first responders event, at
HAPO Center was scheduled for October 14, 2022 from 10:00 AM to 2:00 PM.
EXECUTIVE SESSION
Council adjourned into Executive Session at 10:32 PM for 25 minutes to discuss
consideration of site selection or acquisition of real estate purchase or lease if
likelihood that disclosure would increase price per RCW 42.30.110(1)(b); discuss
with legal counsel about current or potential litigation per RCW 42.30.110(1)(i); and
discuss collective bargaining unit negotiations per RCW 42.30.140(4)(a) with the
City Manager, Deputy City Manager and the City Attorney.
Mayor Barajas called the meeting back to order at 10:58 PM.
Page 4 of 5Page 19 of 240
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:58 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 5 of 5Page 20 of 240
AGENDA REPORT
FOR: City Council October 13, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/17/22
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 10.17.22
Bad Debt Write-off/Collection for September 2022
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $3,271,034.15 ($1,941,066.76 in Check
Nos. 251258-251605; $296,169.55 in Electronic Transfer Nos. 837623, 837625,
837701-837702, 54142Nos. Check $21,325.48 837802; in -54155;
$1,012,472.36 in Electronic Transfer Nos. 30181227 -30181803).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General
Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal,
and parking) accounts receivable in the total amount of $211,049.32 and, of that
amount, authorize $0.00 to be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 21 of 240
REPORTING PERIOD:
October 17, 2022
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 251258-251605 54142-54155
Total Check Amount $1,941,066.76 $21,325.48 Total Checks 1,962,392.24$
Electronic Transfer Numbers 837623 30181227-30181803
837625
837701-837702
837802
Total EFT Amount $296,169.55 $1,012,472.36 $0.00 Total EFTs 1,308,641.91$
Grand Total 3,271,034.15$
Councilmember
498,225.66
36,042.51
274,346.82
1,613.34
64,406.91
574.52
2,491.73
2,252.68
1,630.52
1,744.20
2,993.57
48,604.63
269.55
6,991.53
13,541.67
30,600.76
165.27
169,565.02
607,315.07
105,242.24
14,899.17
9,049.74
250,962.35
416.66
1,127,088.03
GRAND TOTAL ALL FUNDS:3,271,034.15$
The City Council
September 29 - October 12, 2022
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described
herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Darcy Buckley, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
17th day of October, 2022 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
C.D. BLOCK GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
ARPA
CEMETERY
ATHLETIC PROGRAMS
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
MEDICAL/DENTAL INSURANCE
FLEX
Page 22 of 240
BAD DEBT WRITE-OFF/COLLECTION
September 1 – September 30, 2022
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs under
$20 with no current forwarding address or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ 0.00 .00 0.00
Ambulance $ 211,049.32 .00 211,049.32
Court A/R $ .00 .00 .00
Code Enforcement $ .00 .00 .00
Cemetery $ .00 .00 .00
General $ .00 .00 .00
Miscellaneous $ .00 .00 .00
TOTAL: $ 211,049.32 .00 211,049.32
Page 23 of 240
AGENDA REPORT
FOR: City Council October 12, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/17/22
FROM: Debra Barham, City Clerk
Administrative & Community Services
SUBJECT: Resolution No.4262 - Appointment Process for City Boards &
Commissions
I. REFERENCE(S):
Proposed Resolution
Resolution No. 3388 (approved 4.16.2012)
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4262, amending the process for
appointments to City Boards and Commissions.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Mayoral appointments to the City of Pasco Boards & Commissions have been
managed in accordance with Resolution No. 3388, since it was last amended on
April 16, 2012.
The process for soliciting and reviewing applications, interviewing candidates
and appointing/reappointing members to the City's Boards and Commissions
(B/C) included the full City Council interviewing the selected candidates during
a Council Workshop following the Screening Committee (consisting of the Mayor
and two Councilmembers appointed by the Mayor) narrowing down the applicant
pool.
The full Council interview process was interrupted in 2020 when the COVID-19
pandemic prohibited "in-person" public meetings and gatherings from occurring
for over two (2) years. Recently, the Washington State Governor Inslee
remanded his emergency orders pertaining to public meetings and as a result
Page 24 of 240
the prohibition on in-person meetings has been removed with the option of virtual
attendance.
During the pandemic, the City Boards & Commissions position appointment and
reappointment process continued virtually by means of the Council forming
Council Boards & Commissions Subcommittees (Council B/C Subcommittee),
consisting of the Mayor and two appointed Councilmembers, to first review the
applications packets for the specific B/C and then to schedule virtual interviews
with the selected candidates. After the interviews concluded, the Council B/C
Subcommittee would deliberate and the Mayor would make the selection or
selections for appointment or reappointmen t at a subsequent Council meeting,
the Council would then consider confirmation of the appointment or
reappointment by a majority vote.
V. DISCUSSION:
During the October 3rd Council meeting, under the Miscellaneous Discussion,
Council discussed the board and commission process and directed that staff
bring back a revised resolution for their consideration updating the City's Boards
& Commissions appointment process based on the October 3rd discussion.
Council reviewed the proposed resolution memorializing the City's Boards &
Commissions Appointment Process as it is currently functioning at their October
11, 2022, Workshop.
Page 25 of 240
Resolution – BC Interview & Appointment Process - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
AMENDING THE PROCESS FOR APPOINTMENTS TO CITY BOARDS AND
COMMISSIONS.
WHEREAS, the City of Pasco maintains several citizen boards and commissions to assist
the delivery of municipal services, as well as to advise the City Council in making policy decisions;
and
WHEREAS, the appointment process prescribed throughout the Pasco Municipal Code
requires the Mayor to appoint qualified individuals to vacancies on such boards or commissions,
subject to confirmation of the City Council; and
WHEREAS, the last amendment to the City’s Boards and Commissions appointment
process was passed by Council on April 16, 2012, through Resolution No. 3388; and
WHEREAS, the solicitation process and management of the City’s Boards and
Commissions members was transferred from the City Manager’s Office to the City Clerk’s Office
in January 2020; and
WHEREAS, during the onset of the COVID-19 pandemic in early 2020, the process for
reviewing application packets and interviewing candidates was modified to accommodate meeting
restrictions, which also allowed for the use of new technology providing for the conduct of
interviews virtually; and
WHEREAS, the Mayor and City Council desire to continue reviewing City Boards and
Commissions application packets and interviewing candidates through a Council subcommittee
consisting of two Councilmembers and the Mayor, which has been effective and efficient for both
the City Council and applicants alike.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1: Applications for vacancies on City Boards and Commissions shall be solicited
by the City Clerk’s Office on behalf of the City Council prior to when a position’s term expires or
when a vacancy occurs due to a resignation or removal of a member.
Section 2: Application packets, of those candidates meeting the qualifications for the
Board or Commission position(s), shall be reviewed by a Council subcommittee appointed by the
Mayor, which shall include the Mayor and two Councilmembers. The Council subcommittee shall
be ad-hoc and appointed when applications are received for a current vacancy or vacancies or for
upcoming position term expirations. The Council subcommittee shall select those candidates it
deems best suited for the respective Board/Commission but not more than three candidates for
Page 26 of 240
Resolution – BC Interview & Appointment Process - 2
each vacancy to be filled. The Council subcommittee shall consider the following factors in
making their selections for further consideration:
a) Geographic representation
b) Gender representation
c) Ethnic representation
d) Familial and financial relationships of board members
Section 3: The Council subcommittee shall conduct the interviews of the selected
candidates and may recommend reappointment of an incumbent applicant without interview if the
incumbent has served not more than two consecutive terms since the last interview. At a City
Council meeting following such interviews, an interviewed candidate shall be selected by the
Mayor for appointment/reappointment to each vacant position. Any candidate selected by the
Mayor shall be subject to confirmation vote by the City Council; a majority vote of the quorum
present at such meeting shall be required to confirm the Mayor’s appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions in this
resolution shall be superseded by this resolution.
Section 5: This Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this 17th day of October,
2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 27 of 240
RESOLUTION NO. `
A RESOLUTION Providing a Process for Appointments to City Boards and
Commissions.
WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of
municipal services as well as to advise the City Council in making various policy decisions; and
WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor
to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and
WHEREAS, the Mayor and City Council desire to establish an appointment process which is more
collaborative yet efficient for both the applicants and City Council alike;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS
FOLLOWS:
Section 1: Applications for city boards and commissions shall be solicited annually by the City
Manager on behalf of the City Council.
Section 2: All applications received by the City Manager shall be reviewed by a City Council
committee appointed by the Mayor; such committee, to be known as the "Appointment Screening
Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The
Appointment Screening Committee shall select those applicants it deems best suited for the respective
board/commission but not more than three applicants for each vacancy to be filled. The Appointment
Screening Committee shall consider the following factors in making their selections for further
consideration:
a) Geographic representation;
b) Gender representation;
c) Ethnic representation;
d) Familial and financial relationships of board members
Section 3: Those applicants selected by the Appointment Screening Committee shall be
interviewed by the City Council during a public meeting; provided, however, the Screening Committee may
recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent
has •-- • - - -•served not more than two consecutive•
terms since the last interview. At a City Council meeting following such interview, an interviewed candidate
shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall
be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting
shall be required to confirm the Mayor's appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions of this
resolution shall be superseded by this resolution.
PAS D by the City Council ity of Pasco at its regular meeting this
16th day of April, 2012.
Matt Watkins, Mayor
T T: f APP'S AS TO FORM:
Debra Clark,City Clerk Leland B. Kerr, City Attorney
Page 28 of 240
AGENDA REPORT
FOR: City Council October 12, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/17/22
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: Ordinance No. 4613 & Resolution No. 4263 - Budget Amendment &
Approval with Agreement Services Behavioral Health of Personal
Awareness Consulting & Training, LLC
I. REFERENCE(S):
Ordinance - Budget Amendment
Resolution
Personal Services Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4613, amending the 2021 -2022
Biennial Budget (Ordinance No. 4650) of the City of Pasco, Washington, by
providing the supplement thereto; to provide additional appropriation in the City's
Ambulance Fund for Mental/Behavioral Health Personal Services Agreement,
and further, authorize publication by summary only.
MOTION: I move to approve Resolution No. 4263, authorizing the City Manager
to execute and make minor substantive changes to a Personal Services
Agreement Awareness Consulting & Training, LLC for a Behavioral Health
Clinician.
III. FISCAL IMPACT:
Mental/Behavioral Health Personal Services Agreement with Awareness
Consulting & Training, LLC for $625,000 ($25K - 2022; $150K each - 2023-
2026) to be funded from American Rescue Plan Act (ARPA) project list.
IV. HISTORY AND FACTS BRIEF:
Council was previously briefed at their June 27, 2022 Workshop, regarding the
potential implementation of additional supervision and capability for the Pasco
Resource Navigator (PRN) program. The purpose of the additional scope to the
Page 29 of 240
PRN Program is to provide a behavioral health clinician and access to nurse
practitioner and peer counselor resources via a professional services contract.
V. DISCUSSION:
City staff continues to actively participate in regional planning efforts to provide
for the enhancement and expansion of regional mental health services, however
with the relatively recent decisions by the Commissioners from Benton and
Franklin Counties to enact a 0.1% sales tax, the discussion of program elements
and implementation is still in the very early stages. Staff arranged a presentation
by the Benton Franklin Recovery Coalition to provide Council an update on
current regional efforts in August 2022.
As regional conversations continue, time is of the essence to replace the expired
Mobile Outreach Professionals (MOP) program, which provided behavioral
health professionals who rode in tandem with the Pasco Police Department. With
recent legislative changes impacting how law enforcement can respond, and the
success of the Pasco Resource Navigator (PRN) Program, Staff is proposing the
enhancement of the PRN program until a regional response program can be
established. Once the response teams are established, the enhanced PRN
program would be the responsible for follow up and assistance with patients
based on referrals from the crisis response team.
The expansion of the PRN program would include adding a behavior al health
clinician, psychiatric nurse practitioner, and peer counselor through contracted
services. These positions would:
• provide supervision to the PRN program ensuring improved coordination
of Navigators with crisis services, therapeutic courts, and diversion
programs;
• coordinate existing and new behavioral health and medical services in our
region;
• realign positions for the program to better support the community's needs;
and
• allow for a well-rounded team to provide proactive, boots on the ground
approach to community stabilization without further impacting first
responders.
Support of regional mental health services has remained on the pending projects
list. If approved by Council, $150K of American Rescue Plan Act (ARPA) funds
would be allocated annually to support the enhanced PRN Program, allowing
referrals from the crisis response team to the PRN Program to provide follow-up
case assistance and management. The funding of this program meets the
criteria for addressing mental health issues related to COVID19 pandemic, as
many of the behavioral issues encountered were exacerbated by the lack of
available resources. In the event a regional team is not in place by the time
Page 30 of 240
ARPA funds must be used, a total allocation for this program is $625K ($25K -
2022; $150K - 2023-2026).
This item was discussed at the October 11, 2022, Council Workshop and staff
recommends adoption of the Ordinance for the budget adjustment and the
Resolution for the Personal Services Agreement with Awareness Consulting &
Training, LLC.
Page 31 of 240
Ordinance – 2021 – 2022 Operating Budget Amendment – ARPA Funding- 1
ORDINANCE NO. ____
AN ORDINANCE AMENDING THE 2021-2022 BIENNIAL BUDGET
(ORDINANCE NO. 4560) OF THE CITY OF PASCO, WASHINGTON, BY
PROVIDING SUPPLEMENT THERETO; TO PROVIDE ADDITIONAL
APPROPRIATION IN THE CITY’S AMBULANCE FUND FOR
MENTAL/BEHAVIORAL HEALTH PERSONAL SERVICES AGREEMENT.
WHEREAS, on December 7, 2020, the Pasco City Council approved Ordinance No. 4503,
adopting the 2021-2022 Biennial Budget; and
WHEREAS, on November 22, 2021, the Pasco City Council approved Ordinance No.
4560, adopting the 2021-2022 Biennial Budget Amendment; and
WHEREAS, the 2021-2022 Amended Biennial Budget included the Pasco Resource
Navigator (PRN) program; and
WHEREAS, the availability of regional mental health services is lacking and demand is
high; and
WHEREAS, Council has authorized $625,000 in American Rescue Plan Act funds to be
utilized for eligible projects; and
WHEREAS, the need for mental health service and support following the myriad of
challenging impacts of the COVID-19 pandemic, including but not limited to loss of loved ones
and economic hardship related to job loss or business closure; and
WHEREAS, the City is pursuing an increase of funding to provide greater capacity to
meet mental health needs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to RCW 35A.34.200(3), the 2021-2022 Biennial Budget be and the
same is hereby amended to provide for the following adjustments to revenues, accounting for an
inter-fund transfer, with a majority plus one vote, of American Rescue Plan Act grant funds in the
amount of $25,000 and modifying proportionately the Ambulance Fund accounting for this
transfer to be appropriated as a funding source for the Mental/Behavioral Health Personal Services
Agreement, as follows:
Fund EXPENDITURE REVENUE
Ambulance Fund $25,000.00 $25,000.00
Total $25,000.00 $25,000.00
Page 32 of 240
Ordinance – 2021 – 2022 Operating Budget Amendment – ARPA Funding- 2
Section 2. That the additions in appropriations and expenditures are hereby declared to
exist in the above funds for the said uses and purposes as shown above, and the proper City
officials are hereby authorized and directed to issue warrants and transfer funds in accordance
with the provision of the Ordinance.
Section 3. Except as amended herein, Ordinance No. 4560 as previously adopted
heretofore shall remain unchanged.
Section 4. This Ordinance, being an exercise of a power specifically delegated to the City
legislative body, is not subject to referendum, and shall take full force and effect five (5) days after
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington this ___ day of October,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: ___________________________
Page 33 of 240
Resolution – Awareness Consulting & Training, LLC PSA - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL
SERVICES AGREEMENT WITH AWARENESS CONSULTING & TRAINING,
LLC.
WHEREAS, the City of Pasco, Washington desires to increase the capability and
supervision of the Pasco Resource Navigator Program; and
WHEREAS, Awareness Consulting & Training, LLC can provide the appropriate skilled
supervision; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into
a Personal Services Agreement with Awareness Consulting & Training, LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the
Personal Services Agreement between the City of Pasco and Awareness Consulting & Training,
LLC, as attached hereto and incorporated herein as Exhibit A.
Be It Further Resolved that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to execute said Personal Services Agreement on behalf of
the City of Pasco; and to make minor substantive changes as necessary to execute the Agreement.
PASSED by the City Council of the City of Pasco, Washington on this ___ day of
_________, 2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 34 of 240
Personal Services Agreement – Awareness Consulting and Training, LLC - Pasco Resource Navigator Program
Page 1 of 9
PERSONAL SERVICES AGREEMENT
BEHAVIORAL HEALTH SERVICES
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as “City”, and Awareness Consulting and Training
LLC, hereinafter referred to as “Consultant,” on the _______ day of _________________, 2022.
RECITALS
WHEREAS, Consultant has the capability and capacity to provide an Outreach
Coordinator and Psychiatric Advanced Registered Nurse Practitioner to the existing Pasco
Resource Navigator Team detailed in the Statement of Work attached hereto as Exhibit A; and
the City desires to have certain services and/or tasks performed as set forth below requiring
specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, City desires to retain Consultant to provide the said services, and Consultant
is willing to perform such services under the terms and conditions hereinafter set forth; the
Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and
necessary capabilities, including: technical and professional expertise, when required, to perform
the services and/or tasks as set forth in this Agreement upon which the City is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
1. Scope of Services. The Consultant shall perform such services and accomplish such tasks,
including the furnishing of all labor, materials, facilities and equipment necessary for full
performance thereof, as identified and designated as Consultant’s Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in Exhibit A, attached hereto and incorporated herein (the “Project”).
2. Term. This Project shall begin on the execution date listed above and shall continue
thereafter until the completion of Services under all Statements of Work for a period of 5
years unless sooner terminated pursuant to Section 13.
3. Compensation and Payment.
3.1 Payment for services provided hereunder shall be made following the performance
of such services. Such payment shall be full compensation for work performed or
services rendered, and for all labor, materials, supplies, equipment, and incidentals
necessary to complete the Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a written supplemental agreement approved by the City.
Page 35 of 240
Personal Services Agreement – Awareness Consulting and Training, LLC - Pasco Resource Navigator Program
Page 2 of 9
3.3 The City shall pay the Consultant for work performed under this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
issued. Payment shall occur within thirty (30) days of receipt and approval of an
invoice.
3.4 The City shall pay the Consultant for all work performed and expenses incurred
under this Agreement, as follows.
☒ Such rates as identified on Exhibit A.
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the Consultant’s activities. The City may,
at its discretion, conduct an audit at its expense, using its own or outside auditors,
of the Consultant’s activities which relate, directly or indirectly, to this Agreement.
Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request, the Consultant shall deliver to the City copies of these licenses, registration
documents, and permits or proof of their issuance or renewal.
4.4 Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Agreement, and shall maintain such accounting procedures and practices as may be
necessary to assure proper accounting of all funds paid pursuant to this Agreement.
These records shall be subject, at all reasonable times, to inspection, review, or
audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material relevant
to this Agreement for three (3) years after its expiration. Consultant agrees that the
City, or its designee, shall have full access and right to examine any of said
materials at all reasonable times during this period.
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5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and documents
made, collected, or prepared by the Consultant for performing the services subject
to this Agreement, as well as any final product, collectively referred to as “work
product,” shall be deemed as the exclusive property of the City, including copyright
as secured thereon. Consultant may not use them except in connection with the
performance of the services under this Agreement or with the prior written consent
of the City. Any prior copyrighted materials owned by the Consultant and utilized
in the performance of the services under this Agreement, or embedded in with the
materials, products and services provided thereunder, shall remain the property of
the Consultant subject to a license granted to the City for their continued use of the
products and services provided under this Agreement. Any work product used by
the Consultant in the performance of these services which it deems as
“confidential,” “proprietary,” or a “trade secret” shall be conspicuously designated
as such.
5.2 In the event of Consultant’s default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed to date of default or termination, shall become
the property of the City, and tender of the work product and summary shall be a
prerequisite to final payment under this Agreement. The summary of services
provided shall be prepared at no additional cost, if the Agreement is terminated
through default by the Consultant. If the Agreement is terminated through
convenience by the City, the City agrees to pay Consultant for the preparation of
the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW
“Public Records Act.” All preliminary drafts or notes prepared or gathered by the
Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or public citation by the City in connection with City action.
6.2 If the Consultant becomes a custodian of public records of the City and request for
such records is received by the City, the Consultant shall respond to the request by
the City for such records within five (5) business days by either providing the
records, or by identifying in writing the additional time necessary to provide the
records with a description of the reasons why additional time is needed. Such
additional time shall not exceed twenty (20) business days unless extraordinary
good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena,
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provide Consultant at least ten (10) business days prior written notice of the pending
release and to reasonably cooperate with any legal action which may be initiated
by the Consultant to enjoin or otherwise prevent such release.
7. Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant. No
agent, employee, officer or representative of the Consultant shall be deem ed to be
an employee, agent, officer, or representative of the City for any purpose, and the
employees of the Consultant are not entitled to any of the benefits or privileges the
City provides for its employees. The Consultant will be solely and entirely
responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City’s general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any employee,
agent or servant from employment on this Project who, in the City’s sole discretion,
may be detrimental to the City’s interest.
8. Indemnification.
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, employees, and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorney fees, arising out of or resulting from the
acts, errors or omissions of the Consultant in performance of this Agreement,
except for injuries and damages caused by the sole negligence of the City.
8.2 However, should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, then, in the event of liability for damages arising out
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of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Consultant, and the City, its officers, officials,
employees, and volunteers, the Consultant’s liability, including the duty and cost
to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is
further specifically and expressly understood that the indemnification provided
herein constitutes the Consultant’s waiver of immunity under Industrial Insurance,
Title 51 RCW, solely for purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
8.3 No liability shall attach to the City by reason of entering into this Agreement except
as expressly provided herein.
8.4 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant’s delayed or failed performance of Section 6 above.
9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Consultant, its
agents, representatives, employees, or subcontractors. The Consultant’s maintenance of
insurance as required by the Agreement shall not be construed to limit the liability of the
Consultant to the coverage provided by such insurance, or otherwise limit the C ity’s
recourse to any remedy available at law or in equity.
9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and
coverage described below:
9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be at least as broad as Insurance Services
Office (ISO) form CA 00 01.
9.1.2 Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop-gap independent contractors and personal injury and
advertising injury. The City shall be named as an additional insured under
the Consultant’s Commercial General Liability insurance policy with
respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant’s profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
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9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of one million US dollars (1,000,000.00)
per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no less
than:
☒ two million US dollars (2,000,000.00) each occurrence;
☒ two million US dollars (2,000,000.00) general aggregate; and
☐ two million US dollars (2,000,000.00) products completed
operations aggregate limit
9.2.3 Professional Liability insurance shall be written with limits no less than:
☒ two million US dollars (2,000,000.00) per claim; and
☒ two million US dollars (2,000,000.00) policy aggregate limit;
9.3 Other Insurance Provision. The Consultant’s Automobile Liability, Professional
Liability, and Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect the City. Any
insurance, self-insurance, or self-insured pool coverage maintained by the City
shall be excess of the Consultant’s insurance and shall not contribute with it.
9.3.1 The Consultant’s insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written notice
by certified mail, return receipt requested, has been given to the City.
9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A: VII.
9.5 Verification of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including, but not
necessarily limited to, the additional insured endorsement, evidencing the insurance
requirements of the Agreement before commencement of the work.
9.6 Notice of Cancellation. The Consultant shall provide the City with written notice
of any policy cancellation within two (2) business days of their receipt of such
notice.
9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher
insurance limits than the minimums shown above, the City shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability
maintained by the Consultant, irrespective of whether such limits maintained by the
Consultant are greater than those required by this Agreement or whether any
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certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Consultant.
9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the
City may, after giving five (5) business days notice to the Consultant to correct the
breach, immediately terminate the Agreement or, at its discretion, procure or renew
such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of
the City, offset against funds due the Consultant from the City.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory, mental
or physical handicap; provided that the prohibition against discrimination in employment
because of handicap shall not apply if the particular disability prevents the proper
performance of the particular worker involved. The Consultant shall ensure that applicants
are employed, and that employees are treated during employment in the performance of
this Agreement without discrimination because of their race, creed, color, national origin,
sex, marital status, age or the presence of any sensory, mental or physical handicap.
Consultant shall take such action with respect to this Agreement as may be required to
ensure full compliance with local, State and Federal laws prohibiting discrimination in
employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall be relieved of its duties
and obligations under this agreement which shall terminate immediately upon notice to the
Consultant.
12. Assignment and Subcontracting.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. The Consultant shall not assign (or
subcontract other than as specifically identified in Exhibit A its performance under
this Agreement or any portions of this Agreement without the prior written consent
of the City, which consent must be sought at least thirty (30) days prior to the date
of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
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Nondiscrimination; proper bidding procedures where applicable; and all local, State
and Federal statutes, ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement, must
have prior written approval by the City.
13. Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) business days written notice
in advance of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions of
this Agreement and fails to correct such noncompliance within five (5) business
days of written notice thereof, the City may terminate this Agreement for cause.
Termination shall be effected by serving a notice of termination on the Consultant
setting forth the manner in which the Consultant is in default. The Consultant will
only be paid for services and expenses complying with the terms of this Agreement,
incurred prior to termination.
13.3 Immediate Termination. If the Consultant breach relates to violation of the
prohibition against contingent fees this agreement shall terminate immediately at
the City’s sole discretion and upon receipt of notice by consultant. Receipt of notice
includes email, facsimile or letter to the address noted below in 14.3.2.
14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators; or
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City: P.O. Box 293, Pasco, WA 99301
Attention: Robert Gear, Fire Chief
14.3.2 For the Consultant: 1610 W 52nd Ave, Kennewick, WA 99337
Attention: Cameron Fordmeir, Member
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15. Dispute Resolution.
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
shall first meet in a good faith effort to resolve such dispute. In the event the dispute
cannot be resolved by agreement of the parties, said dispute shall be resolved by
arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right
of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County,
Washington. The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other similar event or
other provision of this Agreement.
17. Integration. This Agreement between the parties consists in its entirety of this document
and any exhibits, schedules or attachments. Any modification of this Agreement or change
order affecting this Agreement shall be in writing and signed by both parties.
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
CITY OF PASCO, WASHINGTON CONSULTANT
Dave Zabell, City Manager Cameron Fordmeir, Member of Awareness
Consulting and Training LLC
ATTEST:
Debra C. Barham, City Clerk
APPROVED AS TO FORM:
Kerr Ferguson Law, PLLC, City Attorney
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Exhibit A
Project Description-Statement of Work
Pasco Fire Department and Awareness Consulting & Training LLC
Overview:
The partners above have committed to adding a Outreach Coordinator and Psychiatric Advanced
Nurse Practitioner to the existing Pasco Resource Navigator (PRN) Program. The PRN program
has identified risk factors that may result in overutilization of emergency departments and first
responder services. The addition of a behavioral health clinician and psychiatric nurse
practitioner (ARNP) can provide clinical oversight of the existing PRN staff and coordinate
services with existing crisis services, therapeutic courts, diversion programs, case management,
and co-responder models. The psychiatric nurse practitioner will be available for medication
consultation, case review, and emergency prescription of non-addictive psychiatric medication as
needed. A PRN program consisting of peer support, a behavioral health clinician, and a
medication management provider allows for a well-rounded team that provides proactive, boots
on the ground approach to community stabilization without further burdening first responders
and emergency departments.
Background:
While many communities address this issue through the development of a Community
Paramedic Program, our approach to this work arose from leveraging the already existing strong
partnerships and current efforts underway by many stakeholders in our community to address
this shared concern. The over consumption of resources, in most cases, are due to underlying
Social Determinants of Health (SDOH) and the expanded use of Community Health Workers is a
more cost-effective and efficient option in the setting of strong clinical oversight and close
partnership with emergency personnel.
Type of Contract:
Fixed contract of $150,000.00 per year, paid monthly by invoice. This contract can be
automatically renewed for up to 5 years if mutually agreed upon by the Pasco Fire Department
and Awareness Consulting & Training LLC
Place of work:
All work will be performed within the City of Pasco and surrounding areas of Franklin County at
the location determined and agreed upon by all parties. Office location will be within the desired
Pasco Fire Station of choice. To support the necessary collaboration between the PRN team and
the City of Pasco Fire Department staff, it is expected that the primary place of work will be the
Fire Station assigned. While there may be times that the PRN team must attend specific
meetings, trainings, or special events on request of the contractor, the PRN team should report to
their primary work site at the start of every workday, unless the PFD leadership has been
informed ahead of time and agrees.
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It is understood that most of the workday may be spent in the field, but the assigned workstation
should be returned to at the end of the day, unless otherwise reported to leadership.
Participants/Targeted Risk Factors:
The PRN program will target those individuals who are high utilizers of first responder and
emergency department services with emphasis placed on Social Determinants of Health (SDOH)
and the local Community Health Improvement Plan (CHIP). The PRN program will aid with
basic needs, unsafe living environments, personal safety, access to medication/healthcare, poor
health literacy, barriers to treatment, and coordination of existing or new behavioral health and
medical services. Any future program iterations may expand to include participants with other
needs or built to support other intended outcomes. Participation in the program is short term and
intended to connect individuals to existing resources in the community.
Referrals:
All referrals will be reviewed and agreed upon by the behavioral health clinician, ARNP, and
Pasco Fire Department. Determination of services will be based on the individuals use of
responder services, emergency department visits, community safety, impact on city resources,
and unique needs of the individual. Referrals will be made from Fire/EMS, emergency
departments, primary care physicians, community agencies, and crisis providers when
appropriate.
Safety and Equipment:
PRN staff will be equipped with a radio and cell phone provided by Pasco Fire Department and
follow all existing safety protocols. The peer and behavioral health clinician will respond in-
tandem to ensure community and staff safety when applicable. Calls to dispatch will be made
before and after contact when engaging with individuals in the community and living settings.
PRN staff attire will consist of a Pasco Fire Uniform and badge that clearly identifies staff as a
representative of the City of Pasco. A Pasco Fire Department vehicle will be provided to PRN
staff for use during work hours only. Other equipment provided at the office location of choice
will consist of a computer or laptop to document referrals, calls, contacts, follow-up, and
dispositions.
Any reasonable requests by citizens to modify their residence for any reason must be
documented and submitted to leadership for approval.
The PRN staff must use the provided equipment to protect themselves from any risk of infection
or injury. Staff must report any concerns immediately to both Pasco Fire Department and
contractor supervisors. It is not the intent to provide personal care to any participant.
Clinical Oversight and Communication:
The behavioral health clinician will provide day to day clinical oversight of the Peer positions
and work closely to review cases, current treatment plan, and ensure warm hand-offs to
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appropriate services are made to prevent referrals from falling through the cracks. Clinical
oversight and supervision of the behavioral health clinician will be performed by the contractor
and ARNP in partnership with Pasco Fire Department. PRN staff will meet weekly with Pasco
Fire Department to go over referrals and review current courses of action. Monthly and/or
quarterly meetings will be held with City of Pasco Fire Department Leadership, contractor
leadership, and PRN team to continually evaluate and evolve the program to meet the unique
needs of the city and population served.
Documentation:
Documentation will consist of standard demographics, relevant behavioral health/medical
history, risk factors, protective factors, current presentation, disposition, and outside referrals
made. Date and length of service will be included on all contacts along with monthly reports that
detail number of participants, new referrals, current presentation/program involvement, and those
graduating/completing current treatment goals.
SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES
Task 1: Assess all participants that have been referred into the program using a
standardized assessment tool that:
• Collects standard demographic information (name, address, gender, date of
birth)
• Identifies risks and populates a problem list that includes the primary medical
issues, contributing risk factors and SDOH concerns.
Deliverable 1: Monthly report that reflects required demographic information for all new and
current referrals per above requirements.
Deliverable 2: Monthly report that outlines the number of new referrals that were received in the
previous month, and of those, the percentage and number of cases that were started/engaged, the
percentage and number pending and the percentage and number that refused services or were
unable to be reached, including any documented reasons or details available.
Deliverable 3: Monthly report that includes the characteristics of all participants currently in the
program by primary medical issue (if present), and risk factors/SDOH. For example, the report
should reflect the number of individuals with food insecurity, homelessness, significant SUD,
and other key risk factors.
Deliverable 4: Complete and upload into the records management system(s) (RMS) all required
consents for program participation as required by both the contractor and PFD.
Task 2: Documentation of an Action Plan that addresses the identified problems and includes
the anticipated length of service in the program.
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Deliverable 1: Monthly report that includes all active participants in the program, along with
their start date and expected completion date. This should include length on program for all
current participants.
Deliverable 2: If requested, provide a participant’s Action Plan that clearly defines the goals
associated with the individual’s participation in the program.
Task 3: Implementation of an Action Plan that documents the application of all interventions,
along with the time required to deliver the interventions.
Deliverable 1: Monthly aggregated report that reflects all interventions applied to program
participants, by category. For example, the total number of housing associated interventions,
food bank trips, care coordination for medical appointments or other related interventions.
Deliverable 2: Monthly report that reflects the total number of hours spent per month and the
average per day on the application of interventions for program participants.
Deliverable 3: Monthly report that reflects the number of home visits made the previous month.
Deliverable 4: Monthly report that reflects the total amount of resources (monetary, food boxes,
bus passes) distributed to program participants. If outside grant funds are utilized, the associated
expenditures and details should be recorded and reported according to any Grant requirements.
Task 4: Collaboration with Agency staff: Outreach and develop relationships with Pasco Fire
Department staff and leadership.
Deliverable 1: Establish a consistent schedule for visiting all fire stations within the City of
Pasco at least monthly and provide an update to leadership at the end of every month, recapping
visits.
Deliverable 2: Attend and participate in morning briefings with City of Pasco Fire Department
staff and leadership.
Deliverable 3: Identify, report and partner with City of Pasco Fire Department leadership in
addressing community issues that impact program participants.
Deliverable 4: Take ownership of and participate in weekly cross agency meetings to review
participant census.
Deliverable 5: Participate in monthly PFD Staff Meetings to provide highlights of activities and
referral status for the current month of the Staff Meeting.
Task 5: Other Documentation
Utilize the City of Pasco RMS for documentation and collection of information.
Deliverable 1: Complete required trainings for all agency sponsored IT systems.
Deliverable 2: Complete any required documentation timely.
Schedule for Deliverables:
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All deliverables should be received by the 10th of every month.
Changes to Statement of Work:
Any changes to this SOW will be authorized and approved only through written correspondence
or email communication between PFD and the contractor.
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Proclamation
“Community Media Day”
October 20, 2022
WHEREAS, the sharing of ideas and information helps to build common understanding and common
values within a community, and access to information in today’s media environment is critical for the
healthy functioning of our community; and
WHEREAS, community media organizations provide information to the community that is not
covered by mainstream commercial media, and is an important resource for participating in local
democratic policy and processes; and
WHEREAS, community media connects local government, schools, and community organizations to
their constituents; in many communities, people are not aware of the diverse and valuable programming
on public, education and government (PEG) access channels; and
WHEREAS, communities benefit from increased general awareness of and viewing audiences for
media content created for the community;
NOW, THEREFORE, I, Blanche Barajas, Mayor of the City of Pasco, Washington, on behalf of the
entire City Council, do hereby proclaim October 20, 2022, as
“Community Media Day”
within the City of Pasco, Washington, and all people are hereby called upon to promote the importance of
community media and programming available on Pasco City Television, Channel 191 on Charter Cable.
BE IT FURTHER RESOLVED, that Pasco City Television plays a vital role in building our
community by encouraging conversations about our common interests, increasing dialogue around policy
issues, and sharing information to improve our lives.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of
Pasco, State of Washington, to be affixed this 17th day of October 2022.
Blanche Barajas, Mayor
City of Pasco
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AGENDA REPORT
FOR: City Council October 12, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/17/22
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Public Hearing and Ordinance No. 4614 - Ad Valorem Tax (Property Tax)
I. REFERENCE(S):
Ordinance Options A, B, and C
Property Tax Option Calculations
Charts for Property Tax Comparison
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION A: I move to adopt Ordinance No. 4614, providing for an increase in
the regular property taxes of the City for levy in 2022 and collection in the 2023
tax year; preserving the levy capacity for future years: and providing for related
matters. [Zero-Percent (0 %) increase from the previous year, 2022]
MOTION B: I move to adopt Ordinance No. 4614, providing for an increase in
the regular property taxes of the City for levy in 2022 and collection in the 2023
tax year; preserving the levy capacity for future years: and providing for related
matters. [One-Percent (1 %) increase from the previous year, 2022]
MOTION C: I move to adopt Ordinance No. 4614, providing for an increase in
the regular property taxes of the City for levy in 2022 and collection in the 2023
tax year; and providing for related matters. [One-Percent (1 %) increase from the
previous year, 2022; plus banked capacity for the years from 2019 to 2021]
III. FISCAL IMPACT:
Council decision sets the City's share of the Ad Valorem (Property Tax) rate for
2023 collections. The impact on the General Fund is dependent upon option
selected. Option A includes no election to increase the levy by one percent levy
limitation, while preserving the levy capacity for future assessment. Option B
includes the one percent increase of $118,181. Option C includes assessing
the banked capacity from tax years 2019 to 2021 $287,726 and the one
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percent levy limit for 2022 of $118,181 for a total of $405,907, increasing our
levy amount to $12,961,988.
IV. HISTORY AND FACTS BRIEF:
The General Fund is the primary administrative and operational fund of the City.
As compared to the City-wide budget, activity recorded in the General Fund
represents 29% of revenues. Therefore, reviewing the results of current activity
is valuable for making budgetary projections and ad valorem tax decisions. While
prudent to undertake this analysis, RCW 84.55.120 also requires a public
hearing be conducted on General Fund revenue sources for the coming year’s
budget, including possible increases in the City’s property tax levy. Following the
revenue hearing, Council may choose to pass an ordinance t hat authorizes the
property tax levy for the coming year, 2023. The statutory increase in the levy is
limited to one percent of the highest levy to date. Additionally, the State statutory
limit on City levy rate is $3.60 per $1,000 of assessed valuation. The City of
Pasco levy rate for 2022 was $1.465 per $1,000 of assessed valuation.
While property tax is a significant portion of the General Fund revenue, projected
to be 20% of General Fund revenue in 2022, other General Fund revenues
include sales tax, fees and charges for services, utility taxes, fines and penalties,
and other sources. The category of other sources is more variable and
dependent upon uncertain or infrequent events. Some examples are refunds,
interest earnings, donations, and transfers in from other funds for unique
projects. As the levy rate is set by the City annually, a public hearing and vote
separate from other routine budgetary decisions is required. As such,
consideration of the determination of the 2023 levy rate is the focus of t his
narrative.
Those services typically viewed as governmental in nature are the same services
supported by property tax assessments and resulting revenues. Services
commonly viewed as essential government services, like public safety services
of police and fire are funded by the way of property taxes. Parks and recreation
functions and City sponsored community events also benefit from the collection
of property taxes. Finally, the functions of City administration, finance,
technological support and tools, and a myriad of other “internal services" are
funded partially from the dollars provided by property tax revenues. As outlined
in the Capital Improvement Plan, other governmental type funds, and their
capital projects, benefit from support of General Fund revenues and the funding
provided by property taxes. One current example of a General Fund supported
capital cost are the ongoing City Hall improvements.
Introduced and approved by voters of the State of Washington as Initiative 747
in 2001, the annual property tax levy can only increase by one percent, or the
value of the Implicit Price Deflator (IPD), whichever is less, over the levy of the
previous year. Any exception to this rule is dependent upon voter approval. While
Page 51 of 240
the result of voting was Constitutionally challenged and overruled by the
Washington Supreme Court, the State’s Legislature determined to place the
standards outlined in the initiative into law. The current legal limit is the lesser of
1%, or the value of the Implicit Price Deflator.
The IPD is significantly different from the Consumer Price Index, or CPI. Unlike
the CPI, the IPD is not based on a fixed basket of goods and services in a
specified region. Instead, the goods and services included in the IPD basket
considers national inputs and is influenced by consumption and investment
patterns. The IPD as of September 25, 2022 was 6.457%, significantly over the
one percent limitation.
The levy calculation included in this presentation is based on estimates provided
by the Franklin County Assessor’s Office. Additionally, as the Assessor’s Office
is not allowed to set the levy to exceed the amount included in the City budget,
the information provided in the estimated calculations and the rounded amount
will be utilize for presentation in the budget.
V. DISCUSSION:
For 2022, the Franklin County Assessor has provided a preliminary City
assessed valuation of $9.5 billion, which was used as the basis to calculate the
2023 property tax levy value. This amount includes new construction of
$496,115,323, an estimated change in State -assessed utility valuation of
$10,000 and Local Tax Incremental Financing Area (LTIF) assessed valuation
of $710,800 located in the Port of Pasco's TIF area.
Option A reflects an estimated increase of $738,007 over the 2022 levy amount.
This change is the product of an increase in assessed valuation primarily due to
new construction in 2022. This option declines the statutorily allowed one
percent increase in the City property tax levy, an increase of $118,181. Instead,
given this option, the City will bank the capacity to levy the additional value in
the future. Important to this decision is the consideration that the City is not able
nor has oversight to ensure that its banked capacity remains intact. Based on
record-keeping of the Assessor’s Office it is possible, even if unlikely, that
breakdown in process or clerical error could result in a loss of formerly bank
capacity. The effect of new construction adds to the overall assessed valuation
of the City. As assessed value is the denominator by which the levy rate is
calculated an increase serves to reduce the levy rate for 2023. Based upon the
calculation of added new construction and the increased assessed valuation, the
levy rate for Option A is $1.316 per $1,000 assessed value. This new levy rate
is $0.149 less than the rate applied in 2022. For a house valued at $360,000,
the savings over 2022 are approximately $54 annually.
Page 52 of 240
Option B includes the addition of the one percent statutory limit, or $118,181.
The levy rate resulting from this calculation is $1.328 per $1,000 assessed value.
Based on this calculation, the 2023 levy rate will be $0.137 per $1,000 assessed
value less than the amount levied in 2022. For a house valued at $360,000, the
savings over 2022 are approximately $49 annually.
Option C allows for the City to recapture the banked capacity not assessed since
2019 in the amount of $287,726 and the statutorily limited amount of 1% for 2023
tax collections of $118,181. Inclusive of these changes the new levy value will
be $12,961,988. The resulting tax rate per $1,000 assessed value at this option
is $1.358, $0.1073 per $1,000 assessed value less than 2022 collection rate.
For a house valued at $360,000, the savings over 2022 are approximately $39
annually.
Historically, Council has evaluated property tax levy decisions on current and
planned needs. For example, in 2019, Council determined to capture the City’s
banked levy capacity from prior years to fund capital improvements like Fire
Stations Nos. 83 and 84 and the soon to be built Animal Shelter. For the
collection years of 2020, 2021 and 2022, the assessment of a one -percent levy
increase was declined and the capacity banked.
Included in the Capital Improvement Plan for the 2023 -2024 Biennium Budget
are currently unfunded projects. Those projects are Fire Station No. 85, Police
Station Headquarters, and a future Community Center. In order to fund projects
and further their progress, borrowing of the following amounts are needed:
• $7 million will fund construction completion on Fire Station No. 85,
• $5 million will complement other City funds for work on Police Department
Headquarters slated to start construction in 2025,
• $2.8 million will fund site selection for a future Community Center.
Purchase of land in the coming biennium is desired.
Total debt service for these projects is estimated to be $1.2M. Staff proposes
that should Option C be approved the associated property tax revenue increase
be assigned to new debt service issued in 2023.
The past many years have been unprecedented. While contrary to initial
expectations, sales tax revenues for the City were strong and construction
activity remained robust. Current challenges related to supply chain interruptions
and delays coupled with inflationary cost pressures are troublesome and
introduce uncertainty where forecasting revenues and expenses are concerned.
Fortuitously, the many years trend of private investment and resulting community
growth remains an anticipation. Certainly, both that addition of new citizenry and
businesses, and the resulting need to provide service and infrastructure to
benefit current and long-term Pasco constituents is an important aim of City staff.
Page 53 of 240
As evidenced by the recently approved Capital Improvement Plan, infrastructure
will command much from City’s resources.
In order for the Franklin County Assessor to levy property taxes, the City is
required to certify property tax levies with the County by November 30 of each
year.
Based on discussion at the October 11th Council workshop, three options for
2023 tax collection have been outlined for Council to consider. To further the
budget planning process, as well as meet the certification deadline to the
Franklin County Assessor to levy property taxes of November 30th, staff
requests Council direction their preferred option.
Page 54 of 240
Ordinance – 2023 Ad Valorum Tax - 1
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
PROVIDING FOR AN INCREASE IN THE REGULAR PROPERTY TAXES OF
THE CITY FOR LEVY IN 2022 AND COLLECTION IN THE 2023 TAX YEAR;
PRESERVING LEVY CAPACITY FOR FUTURE YEARS; AND PROVIDING
FOR RELATED MATTERS.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN
AS FOLLOWS:
§1. Findings and Determinations. The City Council (the “City Council”) of the City of
Pasco, Washington (the “City”), makes the following findings and determinations:
(a) RCW 84.55.120(1) provides that the City Council must hold a public hearing on
revenue sources for the following year’s current expense budget and that the hearing
must include consideration of possible increases in property tax revenues and must be
held prior to the time the City levies the taxes.
(b) RCW 84.55.120(3) provides that the City may not authorize an increase in property tax
revenue from the previous year except by adoption of a separate ordinance or
resolution, pursuant to notice, specifically authorizing the increase in terms of both
dollars and percentage.
(c) Pursuant to proper notice, the City Council held a public hearing on October 17, 2022
(the “Hearing”), to consider the City’s 2023 revenue sources, along with consideration
of possible increases in property tax revenues.
(d) The City’s actual levy amount from the previous year was $11,818,073.
(e) The City has a population that is greater than 10,000.
(f) The City Council, after the Hearing and after duly considering all relevant evidence
and testimony presented, determined that the City requires 0% in allowable increase in
property tax revenue from the previous year, in addition to revenue resulting from the
addition of new construction and improvements to property, newly constructed wind
turbines, solar, biomass and geothermal facilities, if the facilities are not state assessed,
any increase in the value of state-assessed property, any annexations that have occurred
and any refunds made, in order to discharge the expected expenses and obligations of
the City and in its best interest.
§2. Property Tax Increase Authorized. An increase in the regular property tax levy of
the City is authorized for the levy to be collected in the 2023 tax year. The dollar amount of the
increase over the actual levy amount from the previous year is $0 (zero dollars), which is a
percentage increase of 0% (zero percent) from the previous year. This increase is exclusive of
OPTION A
Page 55 of 240
Ordinance – 2023 Ad Valorum Tax - 2
additional revenue resulting from new construction, improvements to property, any increase in
assessed value due to construction of wind turbine, solar, biomass and geothermal facilities, if the
facilities are not state assessed, any increase in the value of state assessed property, any
annexations that have occurred, any refunds made.
§3. Transmittal. The City Clerk is authorized and directed to transmit a certified copy of
this ordinance to the Franklin County Assessor on or before November 30, 2022.
§4. General Authorization and Ratification. The City Manager, the Finance Director of
the City, the City Clerk and other appropriate officers of the City, and each of them acting alone,
are authorized and directed to take any action and to execute any document as in their judgment
may be necessary or desirable to effectuate the provisions of this ordinance. All prior actions in
furtherance of and consistent with the terms of this ordinance are ratified and confirmed.
§5. Effective Date. This Ordinance takes effect five (5) days after passage and publication.
PASSED by the City Council of the City of Pasco, Washington, this ___ day of
____________, 2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ________________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 56 of 240
Ordinance – 2023 Ad Valorum Tax - 1
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
PROVIDING FOR AN INCREASE IN THE REGULAR PROPERTY TAXES OF
THE CITY FOR LEVY IN 2022 AND COLLECTION IN THE 2023 TAX YEAR;
PRESERVING LEVY CAPACITY FOR FUTURE YEARS; AND PROVIDING
FOR RELATED MATTERS.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN
AS FOLLOWS:
§1. Findings and Determinations. The City Council (the “City Council”) of the City of
Pasco, Washington (the “City”), makes the following findings and determinations:
(a) RCW 84.55.120(1) provides that the City Council must hold a public hearing on
revenue sources for the following year’s current expense budget and that the hearing
must include consideration of possible increases in property tax revenues and must be
held prior to the time the City levies the taxes.
(b) RCW 84.55.120(3) provides that the City may not authorize an increase in property tax
revenue from the previous year except by adoption of a separate ordinance or
resolution, pursuant to notice, specifically authorizing the increase in terms of both
dollars and percentage.
(c) Pursuant to proper notice, the City Council held a public hearing on October 17, 2022
(the “Hearing”), to consider the City’s 2023 revenue sources, along with consideration
of possible increases in property tax revenues.
(d) The City’s actual levy amount from the previous year was $11,818,073.
(e) The City has a population that is greater than 10,000.
(f) The City Council, after the Hearing and after duly considering all relevant evidence
and testimony presented, determined that the City requires 1% in allowable increase in
property tax revenue from the previous year, in addition to revenue resulting from the
addition of new construction and improvements to property, newly constructed wind
turbines, solar, biomass and geothermal facilities, if the facilities are not state assessed,
any increase in the value of state-assessed property, any annexations that have occurred
and any refunds made, in order to discharge the expected expenses and obligations of
the City and in its best interest.
§2. Property Tax Increase Authorized. An increase in the regular property tax levy of
the City is authorized for the levy to be collected in the 2023 tax year. The dollar amount of the
increase over the actual levy amount from the previous year is $118,181 (one hundred eighteen
thousand one hundred eighty-one dollars), which is a percentage increase of 1% (one percent) from
OPTION B
Page 57 of 240
Ordinance – 2023 Ad Valorum Tax - 2
the previous year. This increase is exclusive of additional revenue resulting from new construction,
improvements to property, any increase in assessed value due to construction of wind turbine,
solar, biomass and geothermal facilities, if the facilities are not state assessed, any increase in the
value of state assessed property, any annexations that have occurred, any refunds made.
§3. Transmittal. The City Clerk is authorized and directed to transmit a certified copy of
this ordinance to the Franklin County Assessor on or before November 30, 2022.
§4. General Authorization and Ratification. The City Manager, the Finance Director of
the City, the City Clerk and other appropriate officers of the City, and each of them acting alone,
are authorized and directed to take any action and to execute any document as in their judgment
may be necessary or desirable to effectuate the provisions of this ordinance. All prior actions in
furtherance of and consistent with the terms of this ordinance are ratified and confirmed.
§5. Effective Date. This Ordinance takes effect five (5) days after passage and publication.
PASSED by the City Council of the City of Pasco, Washington, this ___ day of
____________, 2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ________________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 58 of 240
Ordinance – 2023 Ad Valorum Tax - 1
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
PROVIDING FOR AN INCREASE IN THE REGULAR PROPERTY TAXES OF
THE CITY FOR LEVY IN 2022 AND COLLECTION IN THE 2023 TAX YEAR
AND PROVIDING FOR RELATED MATTERS.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN
AS FOLLOWS:
§1. Findings and Determinations. The City Council (the “City Council”) of the City of
Pasco, Washington (the “City”), makes the following findings and determinations:
(a) RCW 84.55.120(1) provides that the City Council must hold a public hearing on
revenue sources for the following year’s current expense budget and that the hearing
must include consideration of possible increases in property tax revenues and must be
held prior to the time the City levies the taxes.
(b) RCW 84.55.120(3) provides that the City may not authorize an increase in property tax
revenue from the previous year except by adoption of a separate ordinance or
resolution, pursuant to notice, specifically authorizing the increase in terms of both
dollars and percentage.
(c) Pursuant to proper notice, the City Council held a public hearing on October 17, 2022
(the “Hearing”), to consider the City’s 2023 revenue sources, along with consideration
of possible increases in property tax revenues.
(d) The City’s actual levy amount from the previous year was $11,818,073.
(e) The City has a population that is greater than 10,000.
(f) The City Council, after the Hearing and after duly considering all relevant evidence
and testimony presented, determined that the City requires an increase in allowable
increase in property tax revenue from the previous year, in addition to revenue resulting
from the addition of new construction and improvements to property, newly
constructed wind turbines, solar, biomass and geothermal facilities, if the facilities are
not state assessed, any increase in the value of state-assessed property, any annexations
that have occurred and any refunds made, in order to discharge the expected expenses
and obligations of the City and in its best interest.
§2. Property Tax Increase Authorized. An increase in the regular property tax levy of
the City is authorized for the levy to be collected in the 2023 tax year. The dollar amount of the
increase over the actual levy amount from the previous year is $405,907 (four hundred five
thousand nine hundred seven dollars), which is a percentage increase of 3.43% (three and forty
three hundredths percent) from the previous year. This increase is exclusive of additional revenue
OPTION C
Page 59 of 240
Ordinance – 2023 Ad Valorum Tax - 2
resulting from new construction, improvements to property, any increase in assessed value due to
construction of wind turbine, solar, biomass and geothermal facilities, if the facilities are not state
assessed, any increase in the value of state assessed property, any annexations that have occurred,
any refunds made.
§3. Transmittal. The City Clerk is authorized and directed to transmit a certified copy of
this ordinance to the Franklin County Assessor on or before November 30, 2022.
§4. General Authorization and Ratification. The City Manager, the Finance Director of
the City, the City Clerk and other appropriate officers of the City, and each of them acting alone,
are authorized and directed to take any action and to execute any document as in their judgment
may be necessary or desirable to effectuate the provisions of this ordinance. All prior actions in
furtherance of and consistent with the terms of this ordinance are ratified and confirmed.
§5. Effective Date. This Ordinance takes effect five (5) days after passage and publication.
PASSED by the City Council of the City of Pasco, Washington, this ___ day of
____________, 2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ________________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 60 of 240
OPTION A OPTION B OPTION C
General Fund Levy Options Current 2022 Tax Levy
No Increase +
New Construction
1% IPD + New
Construction
With Recapture of Banked
Capacity
2022 Levy $11,818,073 $11,818,073 $11,818,073 $11,818,073
Implict Price Deflator (IPD)$118,181 $118,181
Increase in State Utility AV (Estimate)$10,000 $10,000 $10,000
Annexed Property $0 $0
New construction $496,115,323 $726,966 $726,966 $726,966
Local Tax Incremental Financing (chg)$710,800 $1,042 $1,042 $1,042
Annexation $0 $0 $0
Banked Capacity $0 $0 $0 $287,779
Total Levy Amount $11,818,073 $12,556,080 $12,674,261 $12,962,040
Tax Levy Rate 1.465 1.316 1.328 1.358
Rate Change from Current 2020 Levy - (0.150) (0.137) (0.107)
Cost per $1,000 on a $360,000 AV Home $528 $474 $478 $489
Net Change between Options ($54)$4 $11
2023
Page 61 of 240
$400
$450
$500
$550
$600
$650
$700
$750
$800
$850
$900
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Annual Property Tax Cost
Tax Option A - All Banked Tax Option B - 1% 2023 Tax Option C - None BankedPage 62 of 240
Year 2022 Collection Tax Option A - All Banked Tax Option B - 1% 2023 Tax Option C - None Banked
Annual Amount $528 $474 $478 $489
Change per year $(90)$(54)$(49)$(39)
$528
$474 $478 $489
$(90)
$(54)$(49)$(39)
Compare Property Tax Options
Annual Amount Change per yearPage 63 of 240
AGENDA REPORT
FOR: City Council October 10, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/17/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4615 - Road 40 LLC Rezone I-1 to I-2 (Z 2022-009)
I. REFERENCE(S):
Proposed Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Report to Hearing Examiner Dated: September 14, 2022
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4615, approving a rezone for a
property on the west side of Road 40 East, south of "A" Street from I -1 (Light
Industrial) to I-2 (Medium Industrial) and further, authorize publication by
summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On September 14, 2022, the the Hearing Examiner held a public hearing to
consider a request to rezone a property located along the west side of Road 40
East (Parcel No. 112540082), from I-1 (Light Industrial) to I-2 (Medium
Industrial).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for a rezone.
No appeals of this recommendation have been received.
V. DISCUSSION:
Page 64 of 240
Applicant has applied to change the zoning designation of a 70.79-acre parcel
along the west side of Road 40 East, from I-1 (Light Industrial) to I-2 (Medium
Industrial) to match the adjacent northern parcel as both parcels are planned to
be part of the same future development.
Future site development of the two parcels, totaling 111 acres, is likely to consist
of a 2,150,280-square-foot Industrial Park.
The proposed 1-2 rezoning would be consistent with the existing zoning located
adjacent to the north and west. Current uses in the vicinity include undeveloped/
vacant property to the north and west, a mobile home park to the southeast and
warehousing to the northeast.
Staff recommends Council concurrence with the Hearing Examiner's
recommendation and adoption of the proposed rezone ordinance.
Page 65 of 240
Ordinance Road 40 LLC Rezone (Z 2022-009) –- 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY LYING NORTH OF NORTHEASTERLY RIGHT
OF WAY LINE OF SPOKANE, PORTLAND & SEATTLE RAILWAY
COMPANY ALONG THE WEST SIDE OF ROAD 40 EAST.
WHEREAS, Nicole Stickney/AHBL, acting on behalf of Petitioner, Pasco Road 40 LLC,
seeks to rezone Parcel No. 112540082, located along the west side of Road 40 East, Pasco,
Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City
and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted
by the Pasco Hearing Examiner upon such petition on September 14, 2022; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposal is consistent with and
satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to
approve the rezone, which findings and recommendation are hereby adopted by the City Council,
and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from I-1
Page 66 of 240
Ordinance Road 40 LLC Rezone (Z 2022-009) –- 2
(Light Industrial) to I-2 (Medium Industrial) for the real property as shown in the Exhibit B
attached hereto and described as follows:
That portion of the South Half of the southwest quarter and the south half of the
north half of southwest quarter of Section 34, Township 9 North, Range 30 East,
W.M., lying north of northeasterly right of way line of Spokane, Portland & Seattle
Railway Company, EXCEPT that portion thereof conveyed to Northern Pacific
Railway Company by deed recorded in Volume 46 of Deeds page 246, and
EXCEPT portion to City of Pasco (Parcel 112540082)
Comprising approximately 70.79 acres, more or less.
Section 2. This Ordinance shall take full force and effect five (5) days after approval,
passage and publications required by law.
PASSED by the City Council of the City of Pasco, Washington this ___ day of _____,
2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 67 of 240
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF )
)
)
)
)
)
RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION Z 2022-009
Nicole Stickney/ AHBL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
September 14, 2022, the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as
follows:
I.RECOMMENDED FINDINGS OF FACT
1.PROPERTY/ APPLICATION DESCRIPTION:
1.1
1.2
1.3
1.4
1.5
Legal: All that portion of the South Half of the southwest quarter and the south half
of the north half of southwest quarter of Section 34, Township 9 North, Range 30
East, W.M., lying north of northeasterly right of way line of Spokane, Portland &
Seattle Railway Company, EXCEPT that portion thereof conveyed to Northern
Pacific Railway Company by deed recorded in Volume 46 of Deeds page 246, and
EXCEPT portion to City of Pasco (Parcel 112540082).
General Location: Said property is situated along the west side of Road 40 East,
Pasco, Franklin County, WA 99301.
Property Size: Approximately 70.79 acres (3,083,612.4 square feet).
Applicant: Nicole Stickney/AHBL, 5804 Rd 90 Suite H, Pasco WA 99301.
Request: Rezone Parcel 112540082 from I-1 (Light Industrial) to I-2 (Medium Industrial). 2.ACCESS: The parcel has access from Road 40 East.
3.UTILITIES: Municipal water and sewer are available in Road 40 East.
4.LAND USE AND ZONING: The lot is zoned I-1 (Light Industrial) and is vacant.
Surrounding properties are zoned and developed as follows:
North: I-2 Vacant
East: RP Lakeview Manufactured Home Park
South: I-3 BNSF Railroad
West: I-2 Vacant
5.COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for
Industrial development. According to the Comprehensive Plan, the Industrial designation
allows for Manufacturing, food processing, storage and wholesale distribution of equipment
Z 2022 009
Stickney/ AHBL
Page 1 of 6
Page 68 of 240
and products, hazardous material storage, and transportation-related facilities. Zoning may
include I-1, I-2 and I-3. LU-2-A Policy: Maintain sufficient land desi gnated to accommodate
residential, commercial, industrial, educational, public facility, and open-space uses
proximate to appropriate transportation and utility infrastructure. LU-2-D Policy: Encourage
the use of buffers or transition zones between non-compatible land uses. LU-6-E Policy:
Support the Growth Management Act's goal to encourage growth, including industrial
growth, in urban areas. ED-2-B Policy: Encourage development of a wide range of
commercial and industrial uses strategically located near major transportation corridors or
facilities and in close proximity to existing or proposed utility infrastructure while supporting
local and regional needs. ED-2-C Policy: Continue to pursue the development of existing
industrially zoned properties that may be serviced by existing or planned utilities. ED-3-A
Policy: Enhance compatibility of commercial and industrial development with residential and
mixed-use neighborhoods with appropriate landscaping, screening, building and design standards.
6.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the SEPA checklist (SEPA 2020-076), 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 September 15, 2022 under WAC 197-11-340(2). This DNS has not been appealed.
7.REQUEST: Nicole Stickney/ AHBL, on behalf of Pasco Road 40 LLC, has applied to change
the zoning designation of a 70. 79-acre parcel along the west side of Road 40 East, from I-1
(Light Industrial) to I-2 (Medium Industrial) to match the adjacent northern parcel
(112540019), as the parcels are planned to be part of the same future development. Future site
development of the two parcels, totaling 111 acres, would consist of access drives and
parking lots for a 2,150,280-square-foot Industrial Park. The project would include mass
grading, roadway construction, stormwater management, and utility extensions to develop
and serve the project. The proposed I-2 zoning would be consistent with the existing zoning
located adjacent to the north and west. Current uses in the vicinity include undeveloped/
vacant property to the north and west, agricultural uses to the northeast, and a mobile home
park to the southeast
8.SITE: The site comprises approximately 70.79 acres (3,083,612.4 square feet) and has been
vacant for several years. The Comprehensive Plan designates the lot "Industrial." The
"Industrial" designation allows for I-1, I-2, and I-3 zoning and may be developed with
Industrial uses.
9.HISTORY: The site was annexed into the City in 1979 and assigned RMH-2 (Mobile Home
Park) zoning in conjunction with the annexation (Ordinance #2042). The site was rezoned
from RMH-2 to I-1 (Light Industrial) in 1992 (Ordinance 2863), and has not been rezoned
since. Amazon Inc. has been developing two million-square-foot distribution centers on
parcels to the north and northeast, which were initially codenamed "Project Pearl" and
"Project Oyster." In addition, a special permit for a Pasco School District preschool was
approved near the south entrance of the proposed development.
1 O. REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25.88.030. The criteria are listed below as follows:
10.1 The date the existing zone became effective:
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Page 2 of 6
Page 69 of 240
Page 70 of 240
10.4.3 "The I-2 medium industrial district is established to provide areas for
necessary industrial and related uses that could create problems of
compatibility with other land uses. Uses in this district have the potential to
generate high levels of noise, light, odor, fumes or smoke that require their
protection from encroachment by incompatible land uses." (PMC
25.120.010)
10.4.4 The proposed rezone to I-2 will match the zoning of the adjacent parcels to
the north and west and accommodates less intensive industrial uses compared
to those allowed on the parcels to the south which are zoned I-3.
10.5 The effect on the property owner or owners if the request is not granted:
10.5.1 As the proposed development involves parcels that have different zoning (I-1
and I-2), the property, in conjunction with the northern property, may not be
able to be developed as proposed if the request was not granted, as this would
create split zoned parcels, something that has historically not been allowed
within the City of Pasco. Therefore, the rezone would be necessary to
harmonize the zoning of the two parcels and allow for the proposed
development.
10.6 The Comprehensive Plan land use designation for the property
10.6.1 The current comprehensive plan land use designation is Industrial and all
surrounding parcels except for the manufactured home park to the east are
also designated as such.
10. 7 Such other information as the Hearing Examiner requires
10. 7 .1 A special permit for a Pasco School District preschool was approved near the
south entrance of the proposed development. The intersection of the project
south driveway and the PSD preschool access point is very dangerous with a
40-mph speed limit, both vertical and horizontal curves, and blind left-hand
exit turns. This intersection needs to be evaluated for traffic safety mitigation
measures.
1 I. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on August 22, 2022.
12.An open record public hearing after due legal notice was held September 14, 2022, with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
13.Appearing and testifying on behalf of the applicant was Nicole Stickney. Ms. Stickney
testified that she was an agent of the Applicant and property owner and authorized to testify
on their behalf. She indicated that he was in agreement with the representations set forth in
the staff report, except as follows:
13 .1 She testified there has not been a final SEP A threshold determination;
13 .2 She does not agree that a concomitant agreement is appropriate.
14.No member of the public testified at the hearing.
15.The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
Z 2022 009
Stickney/ AHBL
Page 4 of 6
Page 71 of 240
16.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II.RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact
from which to draw those conclusions based upon the criteria listed in PMC 25.210.060. The criteria
are as follows:
1.The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 The Comprehensive Plan indicates the site is intended for Industrial development.
According to the Comprehensive Plan, the Industrial designation allows for
Manufacturing, food processing, storage and wholesale distribution of equipment and
products, hazardous material storage, and transportation-related facilities. Zoning
may include I-1, I-2 and I-3.
1.2 LU-2-A Policy: Maintain sufficient land designated to accommodate residential,
commercial, industrial, educational, public facility, and open-space uses proximate to
appropriate transportation and utility infrastructure.
1.2.1 A BNSF/Port of Pasco industrial railroad spur line was recently installed
along the northern boundary of the overall site the site.
1.3 LU-2-D Policy: Encourage the use of buffers or transition zones between non
compatible land uses.
1.3.1 As per PMC 25.180.040(5) Loading and service areas shall not face any
residential zone, unless no other location is possible. Loading and service
areas adjacent to or across a public street or alley from a residentially zoned
district shall be screened with a sight-obscuring structure matching the
architecture of the building.
1.3.2 As per PMC 25.180.040(6)(a)Parking lots that abut a public street shall be
buffered with live vegetation consisting of trees, shrubs and ground cover.
1.4 LU-6-E Policy: Support the Growth Management Act's goal to encourage growth,
including industrial growth, in urban areas.
1.5 ED-2-B Policy: Encourage development of a wide range of commercial and
industrial uses strategically located near major transportation corridors or facilities and in close proximity to existing or proposed utility infrastructure while supporting
local and regional needs.
1.5 .1 The site has easy access to highway, rail, barge, and air transportation.
1.6 ED-2-C Policy: Continue to pursue the development of existing industrially zoned
properties that may be serviced by existing or planned utilities.
1.6.1 The site is already industrially zoned; the proposal is to expand the range of
industrial uses possible on the site.
1.7 ED-3-A Policy: Enhance compatibility of commercial and industrial development
with residential and mixed-use neighborhoods with appropriate landscaping,
screening, building and design standards.
1.7.1 As per PMC 25.180.040(5) Loading and service areas shall not face any
residential zone, unless no other location is possible. Loading and service
areas adjacent to or across a public street or alley from a residentially zoned
district shall be screened with a sight-obscuring structure matching the
architecture of the building:
1.7.2 As per PMC 25.180.040(6)(a)Parking lots that abut a public street shall be
buffered with live vegetation consisting of trees, shrubs and ground cover.
Z 2022 009
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Page 5 of 6
Page 72 of 240
2.The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The Comprehensive Plan designates the property "Industrial." As such, the site may
be zoned I-1, I-2, or I-3.
3.There is merit and value in the proposal for the community as a whole.
3.1 Both I-1, I-2, and I-3 Industrial zoning are consistent with the Comprehensive Plan
Land Use Map and the Goals and Policies as adopted by the Pasco City Council
(Ordinance 4537). There is merit in allowing for development which could create
more manufacturing employment opportunities.
4.Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.1 The site is adjacent an RP (Residential Park) residential district. Conditions to
mitigate any significant adverse impacts from the proposal may be appropriate.
4.2 A special permit for a Pasco School District preschool was approved near the south
entrance of the proposed development. The intersection of the project south driveway
and the PSD preschool access point is very dangerous with a 40-mph speed limit,
both vertical and horizontal curves, and blind left-hand exit turns. This intersection
needs to be evaluated for traffic safety mitigation measures. However these issues
must be addressed as part of the site development/permitting process.
5.A Concomitant Agreement should be entered into between the City and the petitioner, and if
so, the terms and conditions of such an agreement.
5 .1 A concomitant agreement will not be necessary for this rezone.
6.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III.RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL that all that portion of the South Half of the southwest quarter and the south half of the north half of southwest quarter of Section 34, Township 9 North, Range 30 East,
W .M., lying north of northeasterly right of way line of Spokane, Portland & Seattle Railway
Company, EXCEPT that portion thereof conveyed to Northern Pacific Railway Company by deed
recorded in Volume 46 of Deeds page 246, and EXCEPT portion to City of Pasco (Parcel
112540082), situated along the west side of Road 40 East, Pasco, Franklin County, WA Washington,
be rezoned from I-1 to I-2.
Dated this J 1cfay of September, 2022.
cr�:ARING EXAMINER .ffe -:7
An w L. Kottkamp
Z 2022 009
Stickney/ AHBL
Page 6 of 6
Page 73 of 240
SE ROAD 33E WAREHOUSE STE AINSWORTH AVESE ROAD 30SACAJAWEA PARK RDE CRANE STSE ROAD 36S R OAD 40E0 350 700 1,100 1,400180Feet"Exhibit B"I-2Item: Road 40 LLC Rezone I-1 to I-2Applicant: Nicole Stickney / Road 40 LLCFile #: Z 2022-009±Page 74 of 240
REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Remote
WEDNESDAY, 14 September 2022
6:00 PM
1
MASTER FILE #: Z 2022-009
APPLICANT: Nicole Stickney/AHBL
5804 Rd 90 Suite H
Pasco WA 99301
REQUEST: REZONE: Rezone Parcel 112540082 from I-1 (Light Industrial)
to 1-2 (Medium Industrial)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: All that portion of the South Half of the southwest quarter and the south half of the north
half of southwest quarter of Section 34, Township 9 North, Range 30 East, W.M., lying north of
northeasterly right of way line of Spokane, Portland & Seattle Railway Company, EXCEPT that
portion thereof conveyed to Northern Pacific Railway Company by deed recorded in Volume 46
of Deeds page 246, and EXCEPT portion to City of Pasco (Parcel 112540082).
General Location: Said property is situated along the west side of Road 40 East, Pasco, Franklin
County, WA 99301.
Property Size: Approximately 70.79 acres (3,083,612.4 square feet)
2. ACCESS: The parcel will have access from Road 40 East.
3. UTILITIES: Municipal water and sewer are available in Road 40 East.
4. LAND USE AND ZONING: The lot is zoned I-1 (Light Industrial) and is vacant. Surrounding
properties are zoned and developed as follows:
NORTH: I-2 Vacant
EAST: RP Lakeview Manufactured Home Park
SOUTH: I-3 BNSF Railroad
WEST: I-2 Vacant
5. Comprehensive Plan: The Comprehensive Plan indicates the site is intended for Industrial
development. According to the Comprehensive Plan, the Industrial designation allows for
Manufacturing, food processing, storage and wholesale distribution of equipment and products,
hazardous material storage, and transportation-related facilities. Zoning may include I-1, I-2 and
I-3. LU-2-A Policy: Maintain sufficient land designated to accommodate residential, commercial,
industrial, educational, public facility, and open-space uses proximate to appropriate
transportation and utility infrastructure. LU-2-D Policy: Encourage the use of buffers or transition
zones between non- compatible land uses. LU-6-E Policy: Support the Growth Management Act's
goal to encourage growth, including industrial growth, in urban areas. ED-2-B Policy: Encourage
development of a wide range of commercial and industrial uses strategically located near major
transportation corridors or facilities and in close proximity to existing or proposed utility
infrastructure while supporting local and regional needs. ED-2-C Policy: Continue to pursue the
Page 75 of 240
2
development of existing industrially zoned properties that may be serviced by existing or planned
utilities. ED-3-A Policy: Enhance compatibility of commercial and industrial development with
residential and mixed-use neighborhoods with appropriate landscaping, screening, building and
design standards.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the SEPA checklist (SEPA 2020-076), 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 15 September 2022
under WAC 197-11-340(2).
ANALYSIS
Request
Nicole Stickney/AHBL, on behalf of Pasco Road 40 LLC, has applied to change the zoning designation of a
70.79-acre parcel along the west side of Road 40 East, from I-1 (Light Industrial) to I-2 (Medium Industrial)
to match the adjacent northern parcel (112540019), as the parcels are planned to be part of the same
future development.
Future site development of the two parcels, totaling 111 acres, would consist of access drives and parking
lots for a 2,150,280-square-foot Industrial Park. The project would include mass grading, roadway
construction, stormwater management, and utility extensions to develop and serve the project.
The proposed 1-2 zoning would be consistent with the existing zoning located adjacent to the north and
west. Current uses in the vicinity include undeveloped/ vacant property to the north and west, agricultural
uses to the northeast, and a mobile home park to the southeast.
Site
The site comprises approximately 70.79 acres (3,083,612.4 square feet) and has been vacant for several
years.
The Comprehensive Plan designates the lot “Industrial.” The “Industrial” designation allows for I-1, I-2,
and I-3 zoning and may be developed with Industrial uses.
History
The site was annexed into the City in 1979 and assigned RMH-2 (Mobile Home Park) zoning in conjunction
with the annexation (Ordinance #2042). The site was rezoned from RMH-2 to I-1 (Light Industrial) in 1992
(Ordinance 2863), and has not been rezoned since. Amazon Inc. has been developing two million-square-
foot distribution centers on parcels to the north and northeast, which were initially codenamed "Project
Pearl" and "Project Oyster."
In addition, a special permit for a Pasco School District preschool was approved near the south entrance
of the proposed development.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
Page 76 of 240
3
The site was assigned RMH-2 (Mobile Home Park) zoning in conjunction with the 1979 annexation. The
site was rezoned to I-1 (Light Industrial) in 1992. Zoning for the site has not changed since then.
2. The changed conditions, which are alleged to warrant other or additional zoning:
The City of Pasco has been growing in the last two decades. New subdivisions have been built to the north
of the industrial designated area within the last decade and employment opportunities in the industrial
sector are necessary to aid the economy of Pasco. Additionally, the industrial market has more recently
seen a need for more diverse manufacturing type uses. The 1-2 zoning district more readily accommodates
these types of uses as it is established to provide areas for necessary industrial and related uses that could
create problems of compatibility with other land uses. Given the changes in the market and growth in the
area, the request for a rezone to 1-2 may be appropriate.
The “Industrial” designation allows for I-1, I-2, and I-3 zoning and may be developed with Industrial uses.
Applicant is requesting I-2 zoning. The proposed rezone would allow the site to be developed as intended
with uses consistent with parcels to the north and northeast, which could not be done under the existing
zoning which only permits light industrial uses.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
A rezone of this parcel from 1-1 to 1-2 is logical because it is located in an area that is, with the exception
of the manufactured home park to the east, already devoted to industrial uses. The 1-2 zoning district
allows uses that have the potential to generate noise, light, odor, fumes or smoke. There are several
parcels to the south of the site that have the 1-3 Heavy Industrial zoning designation and the parcels to
the north of the site have the 1-2 zoning designation. Concentrating the heavier industrial zones in this
area provides a necessary space for industrial development. With the exception of property to the east,
this advances public health, safety and general welfare by limiting potential nuisances and negative
externalities to an area where heavier industrial uses are currently allowed.
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
Except for the mobile home park property to the east, the change in zoning will have little to no effect on
the value and the character of the adjacent properties and the comprehensive plan. Both the current 1-1
zoning and proposed 1-2 zoning implement the Industrial Comprehensive Plan land use designation, as
well as the plan's various goals and policies (such as LU-6, ED-2, and ED-3) to accommodate industrial
development in appropriate areas within the City. The purposes of both zoning districts are similar:
"The 1-1 light industrial district is established to preserve areas for industrial and related uses of such a
nature that they do not create serious problems of compatibility with other kinds of land uses. Uses
permitted in this district should not generate noise levels, light, odor or fumes that would constitute a
nuisance or hazard." (PMC 25.115.010)
"The 1-2 medium industrial district is established to provide areas for necessary industrial and related uses
that could create problems of compatibility with other land uses. Uses in this district have the potential to
generate high levels of noise, light, odor, fumes or smoke that require their protection from encroachment
by incompatible land uses." (PMC 25.120.010)
The proposed rezone to 1-2 will match the zoning of the adjacent parcels to the north and west and
accommodates less intensive industrial uses compared to those allowed on the parcels to the south which
are zoned 1-3.
5. The effect on the property owner or owners if the request is not granted:
Page 77 of 240
4
As the proposed development involves parcels that have different zoning (1-1 and 1-2), the property, in
conjunction with the northern property, may not be able to be developed as proposed if the request was
not granted, as this would create split zoned parcels, something that has historically not been allowed
within the City of Pasco. Therefore, the rezone would be necessary to harmonize the zoning of the two
parcels and allow for the proposed development.
6. The Comprehensive Plan land use designation for the property
The current comprehensive plan land use designation is Industrial and all surrounding parcels except for
the manufactured home park to the east are also designated as such.
7. Such other information as the Hearing Examiner requires
A special permit for a Pasco School District preschool was approved near the south entrance of the
proposed development; The intersection of the project south driveway and the PSD preschool access
point is very dangerous with a 40-mph speed limit, both vertical and horizontal curves, and blind left-hand
exit turns. This intersection needs to be evaluated for traffic safety mitigation measures.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on August 22, 2022.
2. Applicant wishes to change the zoning designation of a 70.79-acre parcel along the west side of
Road 40 East, from I-1 (Light Industrial) to I-2 (Medium Industrial)
3. The zone change is intended to match the zoning of parcel (112540019) adjacent to the north.
4. Applicant wishes to develop the site together with the parcel to the north.
5. Proposed development is for a 2,150,280-square-foot Industrial Park over 111 acres.
6. Proposed site development would include access drives and parking lots.
7. The project components would include mass grading, roadway construction, stormwater
management, and utility extensions.
8. The proposed 1-2 zoning would be consistent with the existing zoning to the north and west.
9. Current uses in the vicinity include undeveloped/ vacant property to the north and west,
agricultural uses to the northeast, and a mobile home park to the southeast.
10. The site has been vacant for several years.
11. The Comprehensive Plan designates the lot “Industrial.”
12. The “Industrial” designation allows for I-1, I-2, and I-3 zoning.
13. The site was annexed into the City in 1979 (Ordinance #2042).
14. The site was assigned RMH-2 (Mobile Home Park) zoning in conjunction with the annexation
15. The site was rezoned from RMH-2 to I-1 (Light Industrial) in 1992 (Ordinance 2863).
16. The site has not been rezoned since.
17. Amazon Inc. has been developing two (ea.) one-million-square-foot distribution centers on
parcels to the north and northeast.
18. A special permit for a Pasco School District preschool was approved near the south entrance of
the proposed development.
19. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030.
Page 78 of 240
5
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The Comprehensive Plan indicates the site is intended for Industrial development. According to the
Comprehensive Plan, the Industrial designation allows for Manufacturing, food processing, storage and
wholesale distribution of equipment and products, hazardous material storage, and transportation-
related facilities. Zoning may include I-1, I-2 and I-3.
LU-2-A Policy: Maintain sufficient land designated to accommodate residential, commercial, industrial,
educational, public facility, and open-space uses proximate to appropriate transportation and utility
infrastructure.
A BNSF/Port of Pasco industrial railroad spur line was recently installed along the northern
boundary of the overall site the site.
LU-2-D Policy: Encourage the use of buffers or transition zones between non-compatible land uses.
As per PMC 25.180.040(5) Loading and service areas shall not face any residential zone, unless no
other location is possible. Loading and service areas adjacent to or across a public street or alley
from a residentially zoned district shall be screened with a sight-obscuring structure matching the
architecture of the building:
As per PMC 25.180.040(6)(a)Parking lots that abut a public street shall be buffered with live
vegetation consisting of trees, shrubs and ground cover.
LU-6-E Policy: Support the Growth Management Act's goal to encourage growth, including industrial
growth, in urban areas.
ED-2-B Policy: Encourage development of a wide range of commercial and industrial uses strategically
located near major transportation corridors or facilities and in close proximity to existing or proposed
utility infrastructure while supporting local and regional needs.
The site has easy access to highway, rail, barge, and air transportation.
ED-2-C Policy: Continue to pursue the development of existing industrially zoned properties that may be
serviced by existing or planned utilities.
The site is already industrially zoned; the proposal is to expand the range of industrial uses possible
on the site.
ED-3-A Policy: Enhance compatibility of commercial and industrial development with residential and
mixed-use neighborhoods with appropriate landscaping, screening, building and design standards.
As per PMC 25.180.040(5) Loading and service areas shall not face any residential zone, unless no
other location is possible. Loading and service areas adjacent to or across a public street or alley
from a residentially zoned district shall be screened with a sight-obscuring structure matching the
architecture of the building:
As per PMC 25.180.040(6)(a)Parking lots that abut a public street shall be buffered with live
vegetation consisting of trees, shrubs and ground cover.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
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The Comprehensive Plan designates the property “Industrial.” As such, the site may be zoned I-1, I-2, or I-
3.
3. There is merit and value in the proposal for the community as a whole.
Both I-1, I-2, and I-3 Industrial zoning are consistent with the Comprehensive Plan Land Use Map and the
Goals and Policies as adopted by the Pasco City Council (Ordinance 4537). There is merit in allowing for
development which could create more manufacturing employment opportunities.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The site is adjacent an RP (Residential Park) residential district. Conditions to mitigate any significant
adverse impacts from the proposal may be appropriate.
A special permit for a Pasco School District preschool was approved near the south entrance of the
proposed development; The intersection of the project south driveway and the PSD preschool access point
is very dangerous with a 40-mph speed limit, both vertical and horizontal curves, and blind left-hand exit
turns. This intersection needs to be evaluated for traffic safety mitigation measures. However these issues
must be addressed as part of the site development/permitting process
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
A concomitant agreement will not be necessary for this rezone.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein that all that portion of the South
Half of the southwest quarter and the south half of the north half of southwest quarter of Section 34,
Township 9 North, Range 30 East, W.M., lying north of northeasterly right of way line of Spokane, Portland
& Seattle Railway Company, EXCEPT that portion thereof conveyed to Northern Pacific Railway Company
by deed recorded in Volume 46 of Deeds page 246, and EXCEPT portion to City of Pasco (Parcel
112540082), situated along the west side of Road 40 East, Pasco, Franklin County, WA Washington, be
rezoned from I-1 to I-2.
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0 350 700 1,100 1,400180
Feet
Comp Plan
Map
SITE
Item: Road 40 LLC Rezone I-1 to I-2
Applicant: Nicole Stickney / Road 40 LLC
File #: Z 2022-009 ±Page 85 of 240
Looking North
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Looking Northeast
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Looking East
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Looking Southeast
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Looking South
Page 90 of 240
Looking Southwest
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Looking West
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Looking Northwest
Page 93 of 240
Pa'Sco
Master File # ------
Applicant Info
Name:
Nicole Stickney, AHBL
Address:
5804 Rd 90 Suite H
Pasco, WA 99301
Phone:
509-316-7131
Email:
NStickney@ahbl.com
Community & Economic Development Department
PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
PETITION FOR ZONE CHANGE
Fee:$825
D t S b . t d 07/01/2022 a e u m,t e : _____ _
Owner Info
(if different than applicant)
Name:
Pasco Road 40 L.L.C. c/o Tarragon L.L.C.
Address:
601 Union Street Suite 3500
Seattle, WA 98101
Phone:
206-933-9600 -Office, 206-755-9977 -Cell
Email:
bwaiss@tarragon.com, Contact: Ben Waiss
Project Address: N/A (accessed off of S Road 40 E)
Project Parcel Number: _1_1 _2_54_0_0_8_2 ______________________ _
Current Zoning: 1 -1 Light Industrial
Requested Zoning: 1-2 Medium Industrial
Describe the nature and effect of the p roposed change: The proposal is to rezone the property
from 1-1 to 1-2 in order to match with the zoning of the adjacent parcel to the north, as both parcels
are intended to be a part of the same future development.
Estimated time frame of development: Following plat approval phase 1 preliminary construction
mid 2022 with phase 1 completion in 2023. Future phases per market demand.
Updated July 2019
Page 94 of 240
What conditions warrant the proposed rezone? The rezone proposal is consistent with the City's
Comprehensive Plan, zoning classifications, and rezone criteria. (See cover letter)
How will the proposed rezone advance the health, safety, and general welfare of the community?
A rezone from 1-1 to 1-2 will advance the health, safety, and general welfare
of the community. (See cover letter)
What effect will the proposed change have on the value and character of adjacent property?
The change in zoning will have little to no effect on the value and the character of the adjacent
properties. (See cover letter)
How does the proposed rezone relate to the City's Comprehensive Plan? Both the current 1-1 zoning
and proposed 1-2 zoning implement the Industrial Comprehensive Plan land use designation, as
well as the plan's various goals and policies (such as LU-6, ED-2, and ED-3) to accomodate
industrial development in appropriate areas within the City. (See cover letter)
What effect will be realized by the owner(s) if the proposed rezone is not granted? It appears that
a project which will involve development on the parcel and the parcel to the north could not occur
due to split zoning, which has historically been prevented in the City of Pasco. (See cover letter)
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300
feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall
be utilized by the City to obtain a current list of property owners of all properties within 300 feet of
the applicant's property.
Page 95 of 240
fa II Pa'Sco Community & Economic Development Department
PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Fee for Rezone
Environmental Checklist
Radius Notification
□SEPA Checklist
*Notarized Signature of Property Owner
□Site map
$700.00
$ 75.00
$ 50.00
$825.00
□Fee of $825
At..€'€"�(... I,..� J VIC� ��l�T��D l'vfA\l�/ 11,PIB;f'Co L,. 1.,-. c. )0
A�Wl�� ��o �A:o 4-o �-v.v,
State of Washington )
ss.
County of King
Fee:$825
On this �O�day of ;n,1.Jf; , 2o'ZZ. , before me the undersigned, a Notary Public in and
for the State of Washington, duly commissioned an sworn, personally appeared
"1.-f:G-AvL,,;J being duly sworn on his/her oath that he/she has prepared
and read the foregoing statements and has acknowledged to me that the recitations contained
therein are true, and has signed this instrument as his/her free and voluntary act and deed for the
purposes therein mentioned.
SUBSCRIBED AND SWORN to before me this �ll' day of '\)J/11\16 I 2o22
Notary Public in and for the State of Washington
Residing at �:tfl::?, N A<;.+t�rJefttir.J
My Commission expires_g-+-f--'/28"----"'--..... /�Z-_4:�-----
Page 96 of 240
Project:
Subject:
Pasco Road 40 Rezone, AHBL No. 2220065.30
Rezone application
SITE MAP
Page 97 of 240
TRANSMITTAL m
TO: Planning Division DATE: July 1, 2022
City of Pasco PROJECT NO.: 2220065.30 525 N 3rd Avenue
Pasco, WA 99301 PROJECT NAME: Pasco Road 40 Rezone
FROM: Nicole Stickney, AICP SUBJECT: Rezone applic ation
PURPOSE: Application submittal VIA: Hand Delivered by AHBL
DESCRIPTION OF CONTENTS:
QTY DATED TITLE NOTES
1 7/1/2022 Cover Letter Includes Written Response to
Criteria of Approval
1 7/1/2022 Completed Application: "Petition for Zone Change" Includes notarized signature
of the parcel owner
1 7/1/2022 Site Map
1 7/1/2022 Applicable Fees: $750
($700 Rezone aoolication fee+ $50 radius notification fee)
REMARKS:
This proposal to rezone the property is SEPA exempt per WAC 197-11-800 (6)(c) (which is adopted by reference in PMC
23.45.020), as the project is: (1) within a City planning under RCW 36.70A.040, (2) the proposed rezone is consistent with
and does not require an amendment to the comprehensive plan and (3) the applicable comprehensive plan was previously
subjected to environmental review and analysis through an EIS prior to adoption which adequately addressed impacts of
industrial uses in the proposed area.
Due to the SEPA exempt status, the submittal of a non-project SEPA checklist and related Environmental Checklist review fee
is not submitted.
Thank you!
□TACOMA
221 S North 30'> Street, Suite 300
Tacoma, WA 98403-3350
753.383.2422 TEL
c:
□SEATTLE
1200 611 Avenue, Suite 1670
Seattle, WA 98101-3117
206.7671425 TEL
□SPOKANE
827 West First Avenue, Suite 220
Spokone, WA 99201-3904
509.252.5019 TEL
\\ahbl.com\data\projects\2022\2220065\30 _PLN\Deliverables_By_Date\20220607 _ Transmittal_ReZoningApp _2220065.docx
Page 1 of 1
[gl TRI-CITIES
5804 Rood 90,Suite H
Pasco, WA 99301-8551
509 .3805883 TEL
Page 98 of 240
July 1, 2022
Community and Economic Development
City of Pasco
525 North 3rd Avenue
Pasco, WA 99301
Project:
Subject:
Dear Staff:
Pasco Road 40 Rezone, AHBL No. 2220065.30
Rezone application
m
This letter accompanies our application for a project named "Road 40 Rezone." Enclosed here
are the following items to support our application:
•Rezone Application with owner's notarized signature
•Project narrative and rezone criteria response (see below)
Rezone Proposal
The subject property is an undeveloped 70.79-acre site that is classified as Industrial in the
City's comprehensive plan. The site is not assigned an address and is accessed off S Road 40
E.Our proposal is to rezone parcel 112540082 from J-1 Light Industrial to 1-2 Medium
lndustrialto match the adjacent northern parcel (112540019), as the parcels are planned to
be part of the same future development.
Future site development of the two parcels, totaling 111 acres, would be proposed to consist of
access drives and parking lots for an Industrial Park that contains buildings with a total square
footage of approximately 2,150,280 square feet. Additional future project items would include
mass grading, roadway construction, stormwater management, and utility extensions to
develop and serve the project.
As shown on Figure 1, the proposed 1-2 zoning will be consistent with the existing zoning
located adjacent to the north and west. Current uses in the vicinity include undeveloped/
vacant property, agricultural uses, and a trailer park to the southeast. Amazon Inc. is
developing two distribution centers, each more than 1 million square feet in size, in the
immediate vicinity (on the parcel to the north which was deemed "Project Pearl" and to the east
of the subject parcel across S. Road 40 E on a group of parcels that comprise "Project
Oyster)". This project will be harmonious with the planned, permitted use by Amazon. As
demonstrated below, the rezone proposal is consistent with the City's Comprehensive Plan,
zoning classifications, and rezone criteria.
Civil Engineers
Stnictural Engineers
Landscape Architects
Community Planners
Land Surveyors
Neighbors
TRI-CITIES
5804Rood90
SuiteH
Pos<D, WA 99301
509.380.5883 TEL
www.ahbl.com
Page 99 of 240
Community and Economic Development
July 1, 2022
2220065.30
Page 2 of 4
c::=J City limits -R-3 • Medium OeMtty Reldentiftl
c=JUGA -R-4 • High Doosity RosidOflllal
ZONING -RP· Residential Park -RS-20-Suburban -RT· ResldenUalTransltion
-RS-1l•SUburban =o-OfllcaOlstrict
R-S-1/PUO • SUburbnn Pannod-Unlt Dowllopmon1 -BP - Business Park
R-S-1. Suburban -C-1 • Rolall Business
l;::::::D R-1/PUO • La,, Density Re&identi81 Panned-Unit Developmont -C-2 • Coniml Buslneos
R·1 • Low Density Residential -C-3 • Geneml Business
-R-1-A· Low Density R .. ldential Altemale -CR· Reglooal Ccnvnerdal
R-1-A2 • Low DOflslty Rcsidenllal Alternate 1-1 • Light lndUairlnl
-R-2 -M<!dium Denaky Reidanllal �2 • Medium lnduslrial
-R-3/PUO • Medium Density Reldontial Panned-Unit Development -1-3 • Heavy Industrial
Figure 1 -Current Zoning
PMC 25.210.030 Requirements for Zoning Petition
The following provides justification for the rezone and demonstrates consistency with the City's
rezone evaluation criteria. The criteria are stated as they appear in PMC 25.210.030 rather
than the summarized version on the rezone application.
1.The date the existing zone became effective;
The exact date is unknown; however, it appears the 1-1 zoning has been in place
since at least 2014.
2.The changed conditions which are alleged to warrant other or additional zoning;
The City of Pasco has been growing in the last two decades. New subdivisions
have been built to the north of the industrial designated area within the last
decade and employment opportunities in the industrial sector are necessary to
aid the economy of Pasco. Additionally, the industrial market has more recently
seen a need for more diverse manufacturing type uses. The 1-2 zoning district
mmmm Page 100 of 240
Community and Economic Development
July 1, 2022
2220065.30
Page 3 of 4
more readily accommodates these types of uses as it is established to provide
areas for necessary industrial and related uses that could create problems of
compatibility with other land uses. Given the changes in the market and growth
in the area, the request for a rezone to 1-2 is appropriate.
3.Facts to justify the change on the basis of advancing the public health, safety and
general welfare;
A rezone of this parcel from 1-1 to 1-2 is logical because it is located in an area
that is already devoted to industrial uses. The 1-2 zoning district allows uses that
have the potential to generate noise, light, odor, fumes or smoke. There are
several parcels to the south of the site that have the 1-3 Heavy Industrial zoning
designation and the parcels to the north of the site have the 1-2 zoning
designation. Concentrating the heavier industrial zones in this area provides a
necessary space for industrial development. This advances public health, safety
and general welfare by limiting potential nuisances and negative externalities to
an area where heavier industrial uses are currently allowed.
4.The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan;
The change in zoning will have little to no effect on the value and the character
of the adjacent properties and the comprehensive plan. Both the current 1-1
zoning and proposed 1-2 zoning implement the Industrial Comprehensive Plan
land use designation, as well as the plan's various goals and policies (such as
LU-6, ED-2, and ED-3) to accommodate industrial development in appropriate
areas within the City. The purposes of both zoning districts are similar:
"The 1-1 light industrial district is established to preserve areas for industrial and
related uses of such a nature that they do not create serious problems of
compatibility with other kinds of land uses. Uses permitted in this district should
not generate noise levels, light, odor or fumes that would constitute a nuisance
or hazard." (PMC 25.115.010)
"The 1-2 medium industrial district is established to provide areas for necessary
industrial and related uses that could create problems of compatibility with other
land uses. Uses in this district have the potential to generate high levels of
noise, light, odor, fumes or smoke that require their protection from
encroachment by incompatible land uses." (PMC 25.120.010)
The proposed rezone to 1-2 will match the zoning of the adjacent parcels to the
north and west and accommodates less intensive industrial uses compared to
those allowed on the parcels to the south which are zoned 1-3.
5.The effect on the property owner or owners if the request is not granted;
The property, in conjunction with the northern property, may not be able to be
developed as the proposed industrial park if the request was not granted. This is
mmmm Page 101 of 240
Community and Economic Development
July 1, 2022
2220065.30
Page 4 of 4
due to the proposed development involving parcels that have different zoning (1-
1 and 1-2). Due to the proposed development and parcel configuration this would
create split zoned parcels, something that has historically not been allowed
within the City of Pasco. Therefore, the rezone is necessary to harmonize the
zoning of the two parcels and allow for the proposed development.
6.The Comprehensive Plan land use designation for the property;
The current comprehensive plan land use designation is Industrial and a large
area of land surrounding the parcel is also designated as such.
7.Such other information as the Hearing Examiner requires.
No other additional information has been requested at this time.
We are always grateful for staffs assistance throughout these processes. Please let me know
if you have any questions or comments during the review of our proposal. We respectfully
request this rezone request be scheduled and noticed for an open record hearing with the
City's hearing examiner on August 10, 2022.
Sincerely,
Nicole Stickney, AICP
Senior Planning Project Manager
NS/MV
c: Ben Waiss, Tarragon LLC
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•La
mmmm Page 102 of 240
Affidavit of Mailing
In regards to MF# Z2022-009
I, Carmen Patrick, hereby confirm that notification was sent by mail August 22, 2022 to the owners of
the parcels within 300 feet of the proposed site .
The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was
sent and to whom received the notification.
Given under my hand and official signature this 22nd day, August of 2022.
Representative's Signature
Page 103 of 240
-4 11 .. PifSco Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco , WA 99301
P: 509 .545.3441 / F: 509 .545 .3499
PUBLIC NOTICE
Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor llame al Departamento de
Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441.
Proposal: Nicole Stickney/AHBL, on behalf of Pasco Road 40 LLC, has submitted a rezone application (Z
2022-009) from 1-1 (Light Industrial) to 1-2 (Medium Industrial) for a portion of the South Half of the
southwest quarter and the south half of the north half of southwest quarter of Section 34, Township 9
North, Range 30 East, W.M ., lying north of northeasterly right of way line of Spokane, Portland & Seattle
Railway Company, EXCEPT that portion thereof conveyed to Northern Pacific Railway Company by deed
recorded in Volume 46 of Deeds page 246, and EXCEPT portion to City of Pasco (Parcel 112540082) located
along the west side of Road 40 East, Pasco, Franklin County, WA 99301. The proposal is subject to
regulations contained in the Pasco Municipal Code .
Public Comment Period: Written comments must be submitted to the Community Development Department
by 5:00 p.m. on 14 September 2022 to be included in the Hearing Examiner packet . If you have questions on
the proposal , contact the Planning Division at (509) 545-3441 or via e-mail to: adamsj@pasco-wa .gov .
Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6:00 p.m . on 14
September 2022 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco , Washington . The
Hearing Examiner will consider public testimony concerning the above application at this meeting.
If you wish to participate in the hearing virtually, please register at least 2 hours prior to the
meeting at the following registration link:
www.pasco-wa.gov/publiccomment
After registering, you will receive a confirmation email containing information about joining
the webinar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the
Special Permit within ten (10) business days of the public hearing.
Prepared 15 August 2022 by: Jeffrey B. Adams , Associate Planner, PO Box 293 Pasco , WA 99301 (509) 545 -344 1
The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disab ility shall be
excluded or denied the benefit of participating in such meetings . If you wish to use au xili ary aids or require assistance to comment
at this public meeting , please contact the Community Development Department at (509) 545-344 1 or TDD (509 ) 585-4425 at least
ten days prior to the date of the meeting to make arrangements for special needs .
Page 104 of 240
"Exhibit B" ,,,,o Item: Road 40 LLC Rezone I-1 to I-2 Applicant: Nicole Stickney/ Road 40 LLC File #: Z 2022-009 £"VI/. '4f?£°1-f ou 'S£" S7' 700 1,100 Feet 0">"" n, 1,40 ~ ~ $ IJf = = r;:>~ <f?~ ~~ <f?~<?_~ =~ <f?<f? ;,,? 0 e:::,= <f?<f? tf>~ • [) 00 = c:::> <f? <f? ~ ./2 /) ~ ~ = ~<::) <f?~ V {/ ~ <f? <f? <?' <::? c::::> ,::::, c:::::> D c::?c::::> ,::Po DO d)c> ~.::::> = ,:::::> ,::::, =a e:r ~c:::> = c:::J ,:;:::> c$ CJ c:? ~ c::::> CJ ,::::, c::::> D ~ ~i;;::> c:::>c::) di,::::> == .di= =O e>t,0 c:,,::::, .di c:O c:=> ,::::, C!} c:::> ~ c::> \J'\ Ot;r> • c:::> ·~o~ =G'J -~•,::::>,::::> ~ • c:::>c;:O :--_., c:::>O -,.,o ""' ~eAJJAWEA-PARICRD Page 105 of 240
NAME ADDRESS CITY STATE ZIP
BNSF RAILWAY COMPANY PO BOX 961089 FORT WORTH TX 76161
BROET JE ORCHARDS LLC 3525 EA ST PASCO WA 99301
PASCO ROAD 40 LLC 1302 PUYALLUP ST STE A SUMNER WA 98390
PROJECT OYSTER PASCO , LLC 110 110TH AVE NE BELLVUE WA 98004
LAKEVIEW TRAILER COURT 9073 NEMO ST LOS ANGELES CA 90069
JEFF ADAMS 7903 W 20TH AVE KENNEWICK WA 99338
Page 106 of 240
August 11, 2022
City of Pasco Community Development
PO Box 293
Pasco, WA 99301
Attn: Mike Manning, Planner
RE: SEPA2022-076 – Tarragon LLC
US 12 milepost 293.6 - E. A Street vicinity Rt.
We have reviewed the proposed project and traffic impact analysis (TIA, dated March 7, 2022) and have
the following comments.
• The subject property is in the vicinity of U.S. Highway 12 (US 12). US 12 is a limited access facility,
Highway of Statewide Significance (HSS), and part of the National Highway System (NHS). Access
to the highway is available via the E. Lewis Street interchange, as well as the E. A Street and Tank
Farm/Sacajawea Park intersections. US 12, including the above interchange and intersections
currently operate within acceptable safety and operational thresholds. It is to the benefit of the city,
county and state to preserve this facility’s efficiency.
• We are not opposed to the proposed project; however, we are concerned with the cumulative impact
vehicle trips generated by this proposal will have on the US 12/Tank Farm/Sacajawea Park
intersection. As previously stated to the city, the collision history review included in the project TIA
does not meet WSDOT’s requirements for safety performance analysis of state highways. The TIA
must be revised to include a safety analysis component in conformance with Chapters 321 and 321 of
the WSDOT Design Manual, as well as the WSDOT Safety Analysis Guide. As a condition of
development approval, the updated report must be submitted to WSDOT for review and comment.
The developer will be responsible to implement any mitigation measures or safety countermeasures
identified by the additional analysis.
Further, the background traffic volumes shown at the US 12/Sacajawea Park Rd/Tank Farm Rd
intersection are not consistent with the volumes shown in previous TIAs for Project Oyster and
Project Pearl. The proponent’s traffic consultant must contact the department to discuss this
discrepancy and determine what, if any, corrections should be made to the analysis.
Thank you for the opportunity to review and comment on this proposal. If you have any questions
regarding this letter, please contact Jacob Prilucik at (509) 577-1635.
Sincerely,
Paul Gonseth, P.E.
Region Planning Engineer
PG: jjp
cc: SR 12, File #2022_009
Page 107 of 240
AGENDA REPORT
FOR: City Council October 10, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/17/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4616 - Ramgar Commons Rezone - Office to C-1 & R-
1 (Z 2022-010)
I. REFERENCE(S):
Proposed Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Report to Hearing Examiner Dated: September 14, 2022
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4616, approving a rezone for a
property located at the northeast corner of Road 42 and West Court Street, from
Office to C-1 and R-1, and further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On September 14, 2022, the the Hearing Examiner held a public hearing to
consider a request to rezone a property located located at 4109 West Court
Street from “O” (Office) to C-1 (Retail Business - approximately the south half of
property); and R-1 (Low-Density Residential - approximately the north half of the
property).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for a rezone.
No appeals of this recommendation have been received.
V. DISCUSSION:
Page 108 of 240
Applicant has applied to amend the zoning on an approximately 2.89-acre parcel
located at the northeast corner of Road 42 and West Court Street from “O”
(Office) to C-1 (Retail Business); and R-1 (Low-Density Residential).
The Comprehensive Plan designates the north half of the lot “Low -Density
Residential.” The “Low-Density Residential” designation allows for R-S-20, R-S-
12, R-S-1, R-1, R-1-A, and R-1-A2 zoning and may be developed with single
family residential development at a density of 2 to 5 dwelling units per acre.
The south half of the site is designated for Commercial development. The Plan
allows neighborhood, community and regional shopping and specialty centers,
business parks, service and office use in Commercial designated areas.
Staff recommends Council concurrence with the Hearing Examiner's
recommendation and adoption of the proposed rezone ordinance.
Page 109 of 240
Ordinance Ramgar Commons Rezone (Z 2022-010) –- 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF
ROAD 42 AND WEST COURT STREET, PASCO, FRANKLIN COUNTY, WA.,
FROM OFFICE TO C-1 AND R-1.
WHEREAS, Priscilla Trujillo, acting on behalf of Petitioner, Platinum Homes, seeks to
rezone Parcel No. 119154120, located at 4109 West Court Street, Pasco, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City
and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted
by the Pasco Hearing Examiner upon such petition on September 14, 2022; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposal is consistent with and
satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to
approve the rezone, which findings and recommendation are hereby adopted by the City Council,
and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from “O”
(Office) to C-1 (Retail Business; approximately the south half of property); and R-1 (Low-Density
Page 110 of 240
Ordinance Ramgar Commons Rezone (Z 2022-010) –- 2
Residential; approximately the north half of the property), for the real property as shown in the
Exhibit B attached hereto and described as follows:
The West ½ of the Southeast ¼ of the Southwest ¼ of the Southeast ¼ of Section
23, Township 9 North, Range 29 East (Parcel 119154120).
Comprising approximately 2.89 acres, more or less.
Section 2. This Ordinance shall take full force and effect five (5) days after approval,
passage and publications required by law.
PASSED by the City Council of the City of Pasco, Washington this ___ day of _____,
202_.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 111 of 240
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF )
)
)
)
)
)
RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION Z 2022-010
Platinum Homes
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
September 14, 2022, the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as
follows:
I.RECOMMENDED FINDINGS OF FACT
1.PROPERTY/ APPLICATION DESCRIPTION:
1.1 Legal: The West ½ of the Southeast ¼ of the Southwest ¼ of the Southeast ¼ of
Section 23, Township 9 North, Range 29 East (Parcel 119154120).
1.2 General Location: Said property is situated at the northeast comer of Road 42 and
West Court Street, Pasco, Franklin County, WA.
1.3 Property Size: Approximately 2.89 acres (126,277.29 square feet).
1.4 Applicant: Platinum Homes, c/o Priscilla Trujillo, 606 S. Huntington Place,
Kennewick WA 99336.
1.5 Request: Rezone Parcel 119154120 from "O" (Office) to C-1 (Retail Business) and
R-1 (Low-Density Residential).
2.ACCESS: The parcel has access from West Court Steet.
3.UTILITIES: Municipal water and sewer are available in West Court Street and West Ruby
Street.
4.LAND USE AND ZONING: The lot is zoned "O" (Office) and is developed with a Single
family Dwelling Unit (SFDU). Surrounding properties are zoned and developed as follows:
North: RS-12 SFDUs
East: R-1/O SFDUs/Offices
South: RS-12 Vacant/SFDUs
West: R-l /RS-12 SFDUs
5.COMPREHENSIVE PLAN: The Comprehensive Plan indicates the north half of the site is
intended for Low-Density Residential development. According to the Comprehensive Plan,
the Low-Density Residential designation allows for Single family residential development at
a density of 2 to 5 dwelling units per acre. Zoning may include R-S-20, R-S-12, R-S-1, R-1,
R-1-A, and R-l -A2. The Comprehensive Plan indicates the south half of the site is intended
Z 2022 010
Platinum Homes
Page I of 5
Page 112 of 240
for Commercial development. According to the Comprehensive Plan, the Commercial
designation allows Neighborhood, community and regional shopping and specialty centers,
business parks, service and office uses. Zoning may include 0, BP, C-1, C-2, C-3, and CR.
6.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the SEP A checklist (SEPA 2020-072), the adopted City Comprehensive
Plan, City development regulations, and other information, a threshold determination
resulting in a Determination of Non-Significance (DNS) was issued for this project on 22
August 2022 under WAC 197-11-340(2). This DNS was not appealed.
7.REQUEST: Priscilla Trujillo, on behalf of Platinum Homes, submitted a rezone application
(Z 2022-010) from "O" (Office) to C-1 (Retail Business) and R-1 (Low-Density Residential),
for the West ½ of the Southeast ¼ of the Southwest ¼ of the Southeast ¼ of Section 23,
Township 9 North, Range 29 East (Parcel 119154120) located at 4109 West Court Street.
8.SITE: The site comprises approximately 2.89 acres (126,277.29 square feet) and is developed
with a single-family dwelling unit, which was built around 1943. The balance of the property
vacant. The Comprehensive Plan designates the north half of the lot "Low-Density
Residential." The "Low-Density Residential" designation allows for R-S-20, R-S-12, R-S-1,
R-1, R-1-A, and R-l-A2 zoning and may be developed with Single family residential
development at a density of 2 to 5 dwelling units per acre. The south half of the site is
intended for Commercial development. The Plan allows neighborhood, community and
regional shopping and specialty centers, business parks, service and office use in Commercial
designated areas.
9.IDSTORY: The site was annexed into the City in 1989 (Ordinance 2740; Amended with
2746) and assigned O (Office) zoning in conjunction with the annexation (Ordinance 2742).
The site has not been rezoned since. The site has been subject to at least 12 code violation
complaints and 9 Code Board cases between 2004 and present. No street rights-of-way have
been dedicated.
10.REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25.88.030. The criteria are listed below as follows:
10.1 The date the existing zone became effective:
10.1.1 The site was assigned O (Office) zoning in conjunction with the 1989
annexation. Zoning for the site has not changed since then.
10.2 The changed conditions, which are alleged to warrant other or additional zoning:
10.2.1 The property is considered "infill" property as development has occurred
around it.
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3 .1 A rezone of this parcel from O to R-1 and C-1 is logical because it is located
in an area that is already developed with both low-density residential and
commercial uses. The site has been subject to at least 12 code violation
complaints and 9 Code Board cases between 2004 and present. Development
of the site with residential and commercial uses could improve the overall
look of the neighborhood.
Z 2022 010
Platinum Homes
Page 2 of 5
Page 113 of 240
10.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 The site has been subject to at least 12 code violation complaints and 9 Code
Board cases between 2004 and present. Development of the site with
residential and commercial uses would improve the value and character of
the adjacent property. The proposed rezones would align with the intent of
the Comprehensive Plan.
10.5 The effect on the property owner or owners if the request is not granted:
10.5.1 The likely scenario is that the property would remain underdeveloped and
continue as a nuisance in the neighborhood. The property could be developed
with office uses.
10.6 The Comprehensive Plan land use designation for the property
10.6.1 The Comprehensive Plan designates the north half of the lot "Low-Density
Residential." The "Low-Density Residential" designation allows for R-S-20,
R-S-12, R-S-1, R-1, R-1-A, and R-l-A2 zoning and may be developed with
Single family residential development at a density of 2 to 5 dwelling units
per acre. The south half of the site is intended for Commercial development.
The Plan allows neighborhood, community and regional shopping and
specialty centers, business parks, service and office uses in Commercial
designated areas.
10.7 Such other information as the Hearing Examiner requires
10.7.1 No rights-of-way have been dedicated around the site. Rights-of-way would
need to be dedicated in conjunction with any future development. The
amount of land required for rights-of-way is substantial, consisting of a 40-
foot dedication along West Court Street, 30 feet along Road 42, and
approximately 60 feet of dedication along West Ruby Street. The resulting
parcel would be around 78,395.58 square feet. Both West Court Street and
Road 42 have been developed and used as public right-of-way for many
years. Ruby Street has never been developed to City street standard, and
remains a gravel road.
11.Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on August 22, 2022.
12.An open record public hearing after due legal notice was held September 14, 2022, with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
13.Appearing and testifying on behalf of the applicant was Priscilla Trujillo. Ms. Trujillo
testified that she was an agent of the Applicant and property owner and authorized to testify
on their behalf. She indicated that he was in agreement with the representations set forth in
the staff report.
14.No member of the public testified at the hearing.
15.The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
Z 2022 010
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Page 3 of 5
Page 114 of 240
16.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II.RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact
from which to draw those conclusions based upon the criteria listed in PMC 25.210.060. The criteria
are as follows:
1.The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 The Comprehensive Plan designates the north half of the lot "Low-Density
Residential." The "Low-Density Residential" designation allows for R-S-20, R-S-12,
R-S-1, R-1, R-1-A, and R-l -A2 zoning and may be developed with Single family
residential development at a density of 2 to 5 dwelling units per acre. The proposal is
consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan
Pohcy Land Use Goals. H-1 Encourages housing for all economic segments of the
city's population. The south half of the site is intended for Commercial development.
The Plan allows neighborhood, community and regional shopping and specialty
centers, business parks, service and office use in Commercial designated areas. The
proposal is consistent with the adopted City Comprehensive Land Use Map and
several policies and goals. Policy LU-3-D, encourages mixed-use development
including neighborhood scale shopping areas; ED-2-B, development of a wide range
of commercial uses strategically located to support local and regional needs.
2.The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The Comprehensive Plan designates the north half of the lot "Low-Density
Residential," and the south half of the site "Commercial."
2.2 The Low-Density Residential designation allows for R-S-20, R-S-12, R-S-1, R-1,
and/or R-1-A zoning district. The proposed rezone is consistent with the
Comprehensive Plan; As such, this proposal will not be materially detrimental to any
future nearby developments.
2 .3 The "Commercial" classification permits the C-1 (Retail Business District) and is
consistent with referenced plans. The proposal will not be detrimental to existing and
future developments within the vicinity.
2.4 The City Council has deemed the Comprehensive Plan as the planning vehicle to
promote the best interests of the community. The rezone will facilitate the
development of new commercial and residential uses in a safe and sanitary
development providing employment opportunities, shopping, and housing for Pasco
residents.
3.There is merit and value in the proposal for the community as a whole.
3 .1 The two proposed zoning designations are both consistent with the Comprehensive
Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council.
Based on past experience with rezoning underutilized land adjacent to existing
subdivisions, the proposed rezone will not negatively impact adjoining properties.
Rezoning the property will assist with the implementation of the Comprehensive
Plan.
4.Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
Z 2022 010
Platinum Homes
Page 4 of 5
Page 115 of 240
4.1 The Pasco Municipal Code includes design standards for residential development. Furthermore, with a rezone the area would need to be re-platted to meet current City subdivision standards. The Preliminary Platting process requires review through the Hearing Examiner. If or when applicants pursue the development of this property, they will be required to conform to subdivision and design standards established by the PMC. No special conditions are proposed.
5.A Concomitant Agreement should be entered into between the City and the petitioner, and ifso, the terms and conditions of such an agreement.5.1 If or when applicants pursue the development of this property, they will be requiredto conform to subdivision and design standards established by the PMC. No Concomitant Agreement is considered necessary for this application.
6.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated assuch by this reference.
III.RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL that the West ½ of the Southeast ¼ of the Southwest ¼ of the Southeast¼ of Section 23, Township 9 North, Range 29 East (Parcel 119154120, situated along the west side of West Court Street, Pasco, Franklin County, WA Washington, be rezoned from "O" (Office) to C-1 (Retail Business) for the approximately south half located along West Court Street and R-1 (Low-Density Residential) for approximately the north half bordering West Ruby Street.
Dated thisUday of September, 2022.
Z 2022 010 Platinum Homes Page 5 of 5
Page 116 of 240
Item: Rezone -Ramgar Commons -Office to C-1 & R-1
"Exhibit B" Applicants: Platinum Homes
File#: Z 2022-010
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REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Remote
WEDNESDAY, 14 September 2022
6:00 PM
1
MASTER FILE #: Z 2022-010
APPLICANT: Platinum Homes c/o Priscilla Trujillo
606 S Huntington Place
Kennewick WA 99336
REQUEST: REZONE: Rezone Parcel 119154120 from “O” (Office) to C-1
(Retail Business) and R-1 (Low-Density Residential)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: The West ½ of the Southeast ¼ of the Southwest ¼ of the Southeast ¼ of Section 23,
Township 9 North, Range 29 East (Parcel 119154120).
General Location: Said property is situated at the northeast corner of Road 42 and West Court
Street, Pasco, Franklin County, WA.
Property Size: Approximately 2.89 acres (126,277.29 square feet)
2. ACCESS: The parcel will have access from West Court Street.
3. UTILITIES: Municipal water and sewer are available in West Court Street and West Ruby Street.
4. LAND USE AND ZONING: The lot is zoned “O” (Office) and is developed with a Single-family
Dwelling Unit (SFDU). Surrounding properties are zoned and developed as follows:
NORTH: RS-12 SFDUs
EAST: R-1/O SFDUS/Offices
SOUTH: RS-12 Vacant/SFDUs
WEST: R-1/RS-12 SFDUs
5. Comprehensive Plan: The Comprehensive Plan indicates the north half of the site is intended for
Low-Density Residential development. According to the Comprehensive Plan, the Low-Density
Residential designation allows for Single family residential development at a density of 2 to 5
dwelling units per acre. Zoning may include R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2.
The Comprehensive Plan indicates the south half of the site is intended for Commercial
development. According to the Comprehensive Plan, the Commercial designation allows
Neighborhood, community and regional shopping and specialty centers, business parks, service
and office uses. Zoning may include O, BP, C-1, C-2, C-3, and CR.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the SEPA checklist (SEPA 2020-072), the adopted City Comprehensive Plan, City development
regulations, and other information, a threshold determination resulting in a Determination of
Non-Significance (DNS) was issued for this project on 22 August 2022 under WAC 197-11-340(2).
Page 118 of 240
2
ANALYSIS
Request
Priscilla Trujillo, on behalf of Platinum Homes, has submitted a rezone application (Z 2022-010) from “O”
(Office) to C-1 (Retail Business) and R-1 (Low-Density Residential), for The West ½ of the Southeast ¼ of
the Southwest ¼ of the Southeast ¼ of Section 23, Township 9 North, Range 29 East (Parcel 119154120)
located at 4109 West Court Street.
Site
The site comprises approximately 2.89 acres (126,277.29 square feet) and is developed with a single-
family dwelling unit, which was built around 1943. The balance of the property vacant.
The Comprehensive Plan designates the north half of the lot “Low-Density Residential.” The “Low-Density
Residential” designation allows for R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zoning and may be
developed with Single family residential development at a density of 2 to 5 dwelling units per acre.
The south half of the site is intended for Commercial development. The Plan allows neighborhood,
community and regional shopping and specialty centers, business parks, service and office use in
Commercial designated areas.
History
The site was annexed into the City in 1989 (Ordinance 2740; Amended with 2746) and assigned O (Office)
zoning in conjunction with the annexation (Ordinance 2742). The site has not been rezoned since.
The site has been subject to at least 12 code violation complaints and 9 Code Board cases between 2004
and present. No street rights-of-way have been dedicated.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
The site was assigned O (Office) zoning in conjunction with the 1989 annexation. Zoning for the site has
not changed since then.
2. The changed conditions, which are alleged to warrant other or additional zoning:
The property is considered “infill” property as development has occurred around it.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
A rezone of this parcel from O to R-1 and C-1 is logical because it is located in an area that is already
developed with both low-density residential and commercial uses. The site has been subject to at least 12
code violation complaints and 9 Code Board cases between 2004 and present. Development of the site
with residential and commercial uses could improve the overall look of the neighborhood.
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
The site has been subject to at least 12 code violation complaints and 9 Code Board cases between 2004
and present. Development of the site with residential and commercial uses would improve the value and
character of the adjacent property. The proposed rezones would align with the intent of the
Comprehensive Plan.
Page 119 of 240
3
5. The effect on the property owner or owners if the request is not granted:
The likely scenario is that the property would remain underdeveloped and continue as a nuisance in the
neighborhood; the property could be developed with office uses.
6. The Comprehensive Plan land use designation for the property
The Comprehensive Plan designates the north half of the lot “Low-Density Residential.” The “Low-Density
Residential” designation allows for R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zoning and may be
developed with Single family residential development at a density of 2 to 5 dwelling units per acre.
The south half of the site is intended for Commercial development. The Plan allows neighborhood,
community and regional shopping and specialty centers, business parks, service and office uses in
Commercial designated areas.
7. Such other information as the Hearing Examiner requires
No rights-of-way have been dedicated around the site; rights-of-way would need to be dedicated in
conjunction with any future development. The amount of land required for rights-of-way is substantial,
consisting of a 40-foot dedication along West Court Street, 30 feet along Road 42, and approximately 60
feet of dedication along West Ruby Street.
The resulting parcel would be around 78,395.58 square feet. Both West Court Street and Road 42 have
been developed and used as public right-of-way for many years. Ruby Street has never been developed
to City street standard, and remains a gravel road.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on August 22, 2022.
2. Applicant wishes to rezone 4109 West Court Street from “O” to C-1 and R-1.
3. The site comprises approximately 2.89 acres (126,277.29 square feet)
4. The site is developed with a 1943 single-family dwelling unit.
5. The balance of the property is vacant lot.
6. The site has been subject to at least 12 code violation complaints and 9 Code Board cases between
2004 and present.
7. The Comprehensive Plan designates the north half of the lot “Low-Density Residential.”
8. “Low-Density Residential” allows for R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zoning.
9. “Low-Density Residential” may be developed with Single family residential development at a
density of 2 to 5 dwelling units per acre.
10. The Comprehensive Plan designates the south half of the site as “Commercial.”
11. “Commercial” allows for neighborhood, community and regional shopping and specialty centers,
business parks, service, and office uses.
12. The site was annexed into the City in 1989 (Ordinance 2740; Amended with 2746)
13. The site was assigned O (Office) zoning in conjunction with the annexation (Ordinance 2742).
14. The site has not been rezoned since.
15. The property is considered “infill” property as development has occurred around it.
16. No rights-of-way have been dedicated adjacent the around the site.
Page 120 of 240
4
17. Rights-of-way would need to be dedicated in conjunction with any future development.
18. Forty feet of right-of-way would need to be dedicated along West Court Street, 30’ along Road
42, and approximately 60’ along West Ruby Street.
19. The resulting parcel size after right-of-way dedication would be slightly under 78,400 square feet.
20. Both West Court Street and Road 42 have been developed and used as public right-of-way for
many years.
21. Ruby Street has never been developed to City street standard, and remains a gravel road.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The Comprehensive Plan designates the north half of the lot “Low-Density Residential.” The “Low-Density
Residential” designation allows for R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zoning and may be
developed with Single family residential development at a density of 2 to 5 dwelling units per acre.
The proposal is consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan Policy
Land Use Goals; H-1 Encourages housing for all economic segments of the city’s population.
The south half of the site is intended for Commercial development. The Plan allows neighborhood,
community and regional shopping and specialty centers, business parks, service and office use in
Commercial designated areas.
The proposal is consistent with the adopted City Comprehensive Land Use Map and several policies and
goals. Policy LU-3-D, encourages mixed-use development including neighborhood scale shopping areas;
ED-2-B, development of a wide range of commercial uses strategically located to support local and regional
needs.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The Comprehensive Plan designates the north half of the lot “Low-Density Residential,” and the south half
of the site “Commercial.”
The Low-Density Residential designation allows for R-S-20, R-S-12, R-S-1, R-1, and/or R-1-A zoning district.
The proposed rezone is consistent with the Comprehensive Plan; As such, this proposal will not be
materially detrimental to any future nearby developments.
The “Commercial” classification permits the C-1 (Retail Business District) and is consistent with referenced
plans. The proposal will not be detrimental to existing and future developments within the vicinity.
The City Council has deemed the Comprehensive Plan as the planning vehicle to promote the best interests
of the community. The rezone will facilitate the development of new commercial and residential uses in a
safe and sanitary development providing employment opportunities, shopping, and housing for Pasco
residents.
3. There is merit and value in the proposal for the community as a whole.
The two proposed zoning designations are both consistent with the Comprehensive Plan Land Use Map
and the Goals and Policies as adopted by the Pasco City Council. Based on past experience with rezoning
underutilized land adjacent to existing subdivisions, the proposed rezone will not negatively impact
adjoining properties. Rezoning the property will assist with the implementation of the Comprehensive Plan.
Page 121 of 240
5
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The Pasco Municipal Code includes design standards for residential development. Furthermore, with a
rezone the area would need to be re-platted to meet current City subdivision standards. The Preliminary
Platting process requires review through the Hearing Examiner. If or when applicants pursue the
development of this property, they will be required to conform to subdivision and design standards
established by the PMC. No special conditions are proposed.
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
If or when applicants pursue the development of this property, they will be required to conform to
subdivision and design standards established by the PMC. No Concomitant Agreement is considered
necessary for this application.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein that the West ½ of the Southeast
¼ of the Southwest ¼ of the Southeast ¼ of Section 23, Township 9 North, Range 29 East (Parcel
119154120 , situated along the west side of West Court Street, Pasco, Franklin County, WA Washington,
be rezoned from “O” (Office) to C-1 (Retail Business) for the approximately south half located along West
Court Street and R-1 (Low-Density Residential) for approximately the north half bordering West Ruby
Street.
Page 122 of 240
W COURT ST
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Overview
Map
SITESITE
Item: Rezone - Ramgar Commons - Office to C-1 & R-1
Applicants: Platinum Homes
File #: Z 2022-010 ±Page 123 of 240
Page 124 of 240
Page 125 of 240
Page 126 of 240
Page 127 of 240
4109 WEST COURT STREET A PORTION OF THE SE 1/4 OF THE SE 1/4 OF SEC. 23, TWN. 09 N., RGE. 29 E., W.M.,
CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON.
VERTICAL DATUM
BASIS OF BEARING
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TOPOGRAPHIC
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1 Page 128 of 240
Looking North
Page 129 of 240
Looking Northeast
Page 130 of 240
Looking East
Page 131 of 240
Looking Southeast
Page 132 of 240
Looking South
Page 133 of 240
Looking Southwest
Page 134 of 240
Looking West
Page 135 of 240
Looking Northwest
Page 136 of 240
Unimproved Ruby Street
Page 137 of 240
Site
Page 138 of 240
·f · hii Cityof �I I' Pasco
Master File# ------
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
PETITION FOR ZONE CHANGE
Date Submitted:
Owner Info
Fee:$825
Applicant Info {if different than applicant)
Phone: so Email:
Name: Us Address:
Phone: 5°'1-302 -718Email:
D,-.
0
Project Address: 4/09 \,,I Cc,wz.,f �+-, ?t:>..SC..O \A L A hO t/9:35CJ '
Project Parcel Number: ll9J!3/:LL2o
Current Zoning: @ 8!� CL /_;z_1 Requested Zoning: � Mt X: l,)� (i I Describe the nature and effect of the proposed change: ______________ _ ' A cl cl l v\J O'H-A \ ·\ ; +��•, l /
A cl.cl I �d hrn r -e k\ r:i ,:\-s IJou-L,·�J ko
:\ o =1 lw, a r:�9' ...
Estimated time frame of development: __ 3_1. ..... -..... e_.1.__\t)=--,e.-��n-'-_1 _2_-__ \_[_}'Y"l.c.__c;_n,_;t....::.._h-"'-' .... s'---
Updated July 2019
Page 139 of 240
How will the proposed rezone advance the health, safety, and general welfare of the community?
I".> " a_J & 1 n.[.J · = " I,,\-'i -Cc,,.,...,_, l ✓ \y, uA-: '\'.) ta J\,.s co ,
'"'\-� 3 0 1 000,�f).pc..,,+-o rnave -\-VWhat effect wil'i\he proposed change have o the value arl'd character of adjacent property?
(
u 2 ; \ \ o.. GQ J) tJ"" { lM-
How does the proposed rezone relate to the City's Comprehensive Plan? ________ _
_....,;-� #-/J , � -'� �rofJ�v , s e_ r I
fJ.. 5;Jenb� L CP>ripr<-bienS ,·,,-e Ylt:t�
What effect will be realized by the owner(s) if the proposed rezone is not granted? ------
0 u..)Y\..'V'\.S Loss of lA& �ate,, 5f 1=ao+-w _
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300
feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall
be utilized by the City to obtain a current list of property owners of all properties within 300 feet of
the applicant's property.
Page 140 of 240
Community & Economic Development Department
PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Fee for Rezone
Environmental Checklist
Radius Notification
El SEPA Checklist
�� *Notarize �ature of Property Owner
State of Washington
County of Franklin
ss.
�te map
$700.00 $ 75.00
$ 50.00
$825.00
m{ee of $825
fee:$825
On this 1-0...� day of � � d± , before me the undersigned, a Notary Public in and
for the State of Washington, duly commissioned an sworn, personally appeared
<,� �\\r-f::Z,.... being duly sworn on his/her oath that he/she has prepared
and read the foregoing statements and has acknowledged to me that the recitations contained
therein are true, and has signed this instrument as his/her free and voluntary act and deed for the
purposes therein mentioned.
SUBSCRIBED AND SWORN to before me this� day of _d_.....�"-----'
�l;>fum.CP Notary Public in and for the State of Washington
Residing at iJ�
My Commission expires Q";-\\--'2,J;
Updated July 2019
Page 141 of 240
Affidavit of Mailing
In regards to MF# 22022-010
I, Carmen Patrick, hereby confirm that notification was sent by mail August 22, 2022 to the owners of
the parcels within 300 feet of the proposed site .
The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was
sent and to whom received the notification .
Given under my hand and official signature this 22nd day, August of 2022.
Representative's Signature
Page 142 of 240
' City of
111 Pasco Community Development Department
PO Box 293 , 525 N 3rd Ave, Pasco , WA 99301
P: 509 .545 .3441 / F: 509 .545 .3499
PUBLIC NOTICE
Si necesita ayuda para entender este aviso o necesita mas informaci6n , por favor llame al Departamento de
Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509 -545 -3441.
Proposal: Priscilla Trujillo , on behalf of Platinum Homes, has submitted a rezone application (Z 2022-010)
from "O" (Office) to C-1 (Retail Business) and R-1 (Low-Density Residential), for The West ½ of the
Southeast ¼ of the Southwest¼ of the Southeast¼ of Section 23 , Township 9 North, Range 29 East (Parcel
119154120) located at 4109 West Court Street . The proposal is subject to regulations contained in the
Pasco Municipal Code .
Public Comment Period: Written comments must be submitted to the Commun ity Development Department
by 5:00 p .m . on 14 September 2022 to be included in the Hearing Examiner packet . If you have questions on
the proposal, contact the Planning Division at (509) 545 -3441 or via e-mail to: adamsj@pasco-wa.gov .
Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6 :00 p .m . on 14
September 2022 in the Council Chambers i n Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington . The
Hearing Examiner will consider public testimony concerning the above application at this meeting .
If you wish to participate in the hearing virtually, please register at least 2 hours prior to the
meeting at the following registration link:
www.pasco-wa.gov/pu bliccom me nt
After registering, you will receive a confirmation email containing information about joining
the webinar.
Estimated Date of the Decision : It is estimated that the Hearing Examiner will make a decision on the
Special Permit within ten (10) business days of the public hearing.
Prepared 16 August 2022 by : Jeffrey B. Adams , Associate Planner, PO Box 293 Pasco , WA 99301 (509) 545 -3441
The City of Pasco welcomes full participation in public meetings by all citizens . No qualified indiv idual with a disability shall be
excluded or den ied the benefit of participating in s uc h meet ing s. If you w ish to use auxiliary aids or require assistance to comment
at th is publ ic meeting , please contact the Comm unity Development Departme nt at (509 ) 545-3441 or TDD (509 ) 585-4425 at least
ten days pri or to the date of the meeting to ma ke arrangements for special needs .
Page 143 of 240
Vicinity Map Item: Rezone -Ramgar Commons -Office to C-1 & R-1 Applicants: Platinum Homes File#: Z 2022-010 N A Page 144 of 240
NAME ADDRESS CITY STATE ZIP
NICHOLAS P & DELORES (JR) VELA 4204 W AGATE ST PASCO WA 99301
RAMON & MAIRA GARCIA 4212 W AGATE ST PASCO WA 99301
CHRISTOPHER & NANCY TURNER 4216 W AGATE ST PASCO WA 99301
SARA V HERNANDEZ 4220 W AGATE ST PASCO WA 99301
EVA PINEDA 4221 W RUBY ST PASCO WA 99301
JOYCE L STONG 4209 W RUBY ST PASCO WA 99301
CAROLINE LEE MCQUILKEN 4208 W RUBY ST PASCO WA 99301
JAVIER GOMEZ 4205 W COURT ST PASCO WA 99301
VSG APPLIANCES CONTRACTOR LLC 1803 W COURT ST PASCO WA 99301
JOSEPH M RICE 4220 W RUBY ST PASCO WA 99301
ANNIE P WARREN (ET VIR) 4004 W AGATE ST PASCO WA 99301
RAMON & ASUNCION AYALA 4012 W AGATE ST PASCO WA 99301
CHENEA L & MIKE PONTIN 4016 W AGATE ST PASCO WA 99301
MINCHAP ADAME PINEDA 4020 W AGATE ST PASCO WA 99301
JESUS H SENDA 5408 PIMLICO DR PASCO WA 99301
RACHEL A LOVEJOY 4017 W RUBY ST PASCO WA 99301
JOHN & PATRICIA GREEN 4005 W RUBY ST PASCO WA 99301
NORA LOPEZ (ET AL) 4004 W RUBY ST PASCO WA 99301
PAULL NOTCH 4016 W RUBY ST PASCO WA 99301
HERLINDA MARES 4020 W RUBY ST PASCO WA 99301
US CONNECTIONS LLC 4003 TUSAYAN DR PASCO WA 99301
DUANE & BARBARA GROTH 180 WINDCREST DR YAKIMA WA 98908
RITCHIE PROPERTIES LLC 316 N NEEL ST KENNEWICK WA 99336
PET OVER POPULATION PREVENTION 1506 ROAD 40 PASCO WA 99301
STEVEN & ESTELLE MARKS 4116 W AGATE ST PASCO WA 99301
DILLON T & SHELBY L GRIBBINS 1621 N ROAD 42 PASCO WA 99301
MARTIN ROMERO ROMERO 4105 W RUBY ST PASCO WA 99301
JUAN M MONTES 4711BERMUDADUNESDR PASCO WA 99301
AURORA BRAU 1609 N ROAD 42 PASCO WA 99301
RIVERVIEW METHODIST CHURCH PO BOX 2306 PASCO WA 99302
MIGUEL A TABOADA CATALAN (ETAL 1400 N ROAD 42 PASCO WA 99301
GARY KUHN 4221 W BROWN PL PASCO WA 99301
KRISTINA D SANCHEZ 4213 W BROWN PL PASCO WA 99301
OMAR ARAIZA 1420 N ROAD 42 PASCO WA 99301
JEFF ADAMS 7903 W 20TH AVE KENNEWICK WA 99338
Page 145 of 240
AGENDA REPORT
FOR: City Council October 10, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/17/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4617 - Magnolia Heights Rezone - Office & C-1 to R-3
(Z 2022-011 & 012)
I. REFERENCE(S):
Proposed Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Report to Hearing Examiner Dated: September 14, 2022
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4617, approving a rezone for a
property lying south of Chapel Hill Boulevard and west of Road 100, from “O”
(Office) and C-1 (Retail Business) to R-3 (Medium-Density Residential) and
further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On September 14, 2022, the the Hearing Examiner held a public hearing to
consider a request to rezone several parcels located south of Chapel Hill
Boulevard and west of Road 100/Broadmoor Boulevard, from “O” (Office) and
C-1 (Retail Business) to R-3 (Medium-Density Residential).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for a rezone.
No appeals of this recommendation have been received.
V. DISCUSSION:
Page 146 of 240
Applicant submitted two rezone applications (Z 2022-011 & Z 2022-012), which
were combined into one report, to rezone approximately 67.89 acres south of
Chapel Hill Boulevard and west of Road 100 from “O” (Office) and C -1 (Retail
Business) to R-3 (Medium-Density Residential).
The Comprehensive Plan designates the site “Medium-Density Residential.” The
“Medium-Density Residential” designation allows for R-2 through R-4 and RP
zoning; single-family dwellings, patio homes, townhouses, apartments, and
condominiums - all of which are appropriate for “Medium-Density Residential”
designated areas. Residential density may range from 6 to 20 dwelling units per
acre.
The site is considered “infill” property as development has occurred around it.
Staff recommends Council concurrence with the Hearing Examiner's
recommendation and adoption of the proposed rezone ordinance.
Page 147 of 240
Ordinance - Magnolia Heights Rezone (Z 2022-011 & 012) - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED SOUTH OF CHAPEL HILL
BOULEVARD AND WEST OF ROAD 100/BROADMOOR BOULEVARD.
WHEREAS, Paul Lavrentiev, acting on behalf of Petitioner, P&R Construction LLC,
seeks to rezone Parcels 118170104, 118170168, 118211033, 118211042, 118211051, 118211060,
118211079, 118211088, 118211097, and 118211024, located south of Chapel Hill Boulevard and
west of Road 100/Broadmoor Boulevard, Pasco, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City
and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted
by the Pasco Hearing Examiner upon such petition on September 14, 2022; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposal is consistent with and
satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to
approve the rezone, which findings and recommendation are hereby adopted by the City Council,
and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from “O”
Page 148 of 240
Ordinance - Magnolia Heights Rezone (Z 2022-011 & 012) - 2
(Office) and C-1 (Retail Business) to R-3 (Medium-Density Residential) for the real property as
shown in the Exhibit B attached hereto and described as follows:
Parcel 118170104:
Tract 1-L of a portion of the northeast ¼ of Section 18, Township 9 North Range
29 East, WM., Franklin County WA., described as follows:
Beginning at the Northeast corner of Section 18 and running thence North 89˚ 42’
West 1220.7 feet; thence South 46˚ 45’ West 85.3 feet; to the True Point of
Beginning; thence South 46˚ 45’ West 767.5 feet; thence South 54˚ 12’ East 223.4
feet; thence North 46˚ 45’ East 731.7 feet to a point on the south ROW line of the
FCID Canal; thence northwesterly along said south ROW line 222.6 feet to the True
Point of Beginning.
Parcel 118170168:
All the portion of the northeast ¼ lying southeast of Section 18, Township 9 North
Range 29 East, Road 108, and south of the FCID Canal, EXCEPT Tracts 1 -L and
1-M, and EXCEPT Peppermint Terrace 3rd and EXCEPT a portion dedicated to the
State of Washington for SR-18-2 (413784), and EXCEPT a portion defined as
follows:
Commencing at the northeast corner of said Section 18; thence South 02˚ 25’ West
along the east line of said section, 1303.6 feet; thence South 46˚ 45’ West along the
northwesterly line of the Plat of Peppermint Terrace 3rd Addition, 1187.11 feet to
the True Point of Beginning; Thence South 46˚ 45’ West, 2234.78 feet to the north
ROW margin of West Court Street; thence North 43˚ 15’ West along the said north
ROW margin, 125 feet; thence North 46˚ 44’ East, 215 feet; thence North 43˚ 15’
West, 409.79 feet; thence South 02˚ 13’ West, 301.54 feet to the north ROW margin
of West Court Street; thence North 43˚ 15’ West along said ROW margin, 42.08
feet to the center line of Road 108; thence North 02˚ 13’ East along the centerline
of Road 108, 1670.47 feet to the intersection of the southwesterly ROW margin of
Crescent Road; thence North 46˚ 42’ East along said southerly ROW margin, 51.34
feet; thence South 43˚ 14’ East, 1090 feet; thence North 46˚ 45’ East 778.99 feet;
thence South 43˚ 14’ East, 657.51 feet to the True Point of Beginning.
Parcels 118211033, 118211042, 118211051, 118211060, 118211079, 118211088,
118211097, and 118211024:
Lots 22 through 29 inclusive, Block 2, of the Plat of Peppermint Terrace Third
Addition, as recorded in Volume "D" of Plats, Page 27, Records of Franklin,
Washington EXCEPT THAT portion of Lots 27, 28, and 29, Block 2, of said Plat
of Peppermint Terrace Third Addition acquired by the State of Washington by that
Page 149 of 240
Ordinance - Magnolia Heights Rezone (Z 2022-011 & 012) - 3
certain Warranty Deed recorded in Volume 153 of Official Records, Page 654,
Records of Franklin County, Washington.
Section 2. This Ordinance shall take full force and effect five (5) days after approval,
passage and publications required by law.
PASSED by the City Council of the City of Pasco, Washington this ___ day of _____,
2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 150 of 240
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF
Z 2022-011 and Z 2022-012
P&R Construction LLC
)
)
)
) )
)
RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
September 14, 2022, the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as
follows:
I.RECOMMENDED FINDINGS OF FACT
1.PROPERTY /APPLICATION DESCRIPTION:
1.1 Legal: Parcels 118211033, 118211042, 118211051, 118211060, 118211079,
118211088, 118211097, and 118211024:
PEPPERMINT TERRACE 3RD LOTS 22-29 BLK 2 EXC PTN TO ST OF WA
FOR SR182 (413784)
Parcel 118170168:
ALL TH PTN NE4 LY SE OF 18-9-29 RD 108 & S OF FCID CANAL, EXC TR'S 1
-L & 1-M & EXC PEPPERMINT TERRACE 3RD & EXC PTN TO ST OF WA
FOR SR18 2 (413784) EXC PTN DAF:
COMM AT NE COR SD SEC 18; TH S02D25'W ALG E LN SD SEC, 1303.6'; TH
S46D45'W ALG NWLY LN PLAT OF PEPPERMINT TERR 3RD ADDN, 1187 .11'
TO TPOB; TH S46D45'W, 2234.78' TO N R/W MARG WEST COURT ST; TH
N43D15'W ALG SDNR/W MARG, 125'; THN46D44'E, 215'; THN43Dl5'W,
409.79'; TH S02D13'W, 301.54' TO N R/W MARG W COURT ST; TH N43Dl5'W
ALG SD N R/W MARG, 42.08' TO CTRLN ROAD 108; TH N02D13'E ALG
CTRLN RD 108, 1970.47' TO INTERSECT SLY R/W MARG CRESCENT RD; TH
N46D42'E ALG SD SLY R/W MARG, 51.34'; TH S43Dl 4', 1090'; TH N46D45'E
778.99'; TH S43Dl4'E, 657.51' TO TPOB.
Parcel 118170104:
TRACT 1-L PTN NE4 18-9-29 BEG AT NE COR OF SEC 18 & RUNNING TH
N89d42 'W 1220.7'; TH S46d45'W, 85.3' TO TPOB; TH S46d45'W 767.5'; TH
S54d12'E 223.4'; TH N46d45'E 731.7' TO A PT ON S R/W LN OF F CID CANAL;
TH NWLY ALG SD S R/W LN 222.6' TO TPOB).
1.2 General Location: Said property is located south of Chapel Hill Boulevard and west
of Road 100/Broadmoor Boulevard, Pasco, Franklin County, WA.
1.3 Property Size: Approximately 67.89 acres (2,957,455.24 square feet).
1.4 Applicant: P&R Construction LLC c/o Paul Lavrentiev, 105609 Wiser Parkway,
Kennewick, WA 99338.
Z 2022 011 and 2022 012
P&R Construction LLC
Page 1 of7
Page 151 of 240
1.5 Request: Rezone "Magnolia Heights" Rezone from "O" (Office) and C-1 (Retail
Business) to R-3 (Medium-Density Residential).
2.ACCESS: The parcels have access from Broadmoor Boulevard/Road 100, Crescent Drive,
and Chapel Hill Boulevard.
3.UTILITIES: Municipal water and sewer are available in Broadmoor Boulevard/Road 100,
Crescent Drive, and Chapel Hill Boulevard.
4.LAND USE AND ZONING: The site is zoned "O" (Office) and C-1 (Retail Business) and
is vacant. Surrounding properties are zoned and developed as follows:North: R-3; R-4; C-1 Vacant; Apartments; Offices/Commercial
East: C-1; R-1; RS-12 Vacant; SFDUs
South: RS-12; RS-20 SFDUs
West: RS-12; R-3 Church, SFDUs; Vacant
5.COMPREHENSIVE PLAN: The Comprehensive Plan has recently been updated and
approved by City Council. The site has been designated "Medium-Density Residential" by
the Comprehensive Plan Land Use Map. The "Medium-Density Residential" designation
allows for R-2 through R-4 and RP zoning, and single-family dwellings, patio homes,
townhouses, apartments, and condominiums are all appropriate for this area. Residential
density may range from 6 to 20 dwelling units per acre.
6.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the State Environmental Policy Act ("SEPA") checklist, Comprehensive
Plan, applicable regulations, and other information, a threshold determination resulting in a
Determination of Non-Significance (DNS) or Mitigate Determination of Non-Significance
(MDNS) is anticipated for this project under WAC 197-11-158.
7.REQUEST: P&R Construction LLC c/o Paul Lavrentiev has submitted two rezone
applications (Z 2022-011 & Z 2022-012) from "O" (Office) and C-1 (Retail Business) to R-3
(Medium-Density Residential), for portions of land in Section 18, Township 9 North, Range
29 East, Pasco, Franklin County, WA (Parcels 118170104, 118170168, 118211033,118211042, 118211051, 118211060, 118211079, 118211088, 118211097, and 118211024)
located south of Chapel Hill Boulevard and west of Road 100/Broadmoor Boulevard.
8.SITE: The site comprises approximately 67.89 acres (2,957,455.24 square feet) and is vacant.
The Comprehensive Plan designates the site "Medium-Density Residential;" the "Medium
Density Residential" designation allows for R-2 through R-4 and RP zoning; single-family
dwellings, patio homes, townhouses, apartments, and condominiums are all appropriate for
"Medium-Density Residential" designated areas. Residential density may range from 6 to 20
dwelling units per acre.
9.HISTORY: The site was annexed into the City in 2001 (Ordinance 3462) and assigned RS-
12 (Low-Density Residential) and RS-20 (Low-Density Residential) zoning in conjunction
with the annexation. The site was rezoned from RS-12 and RS-20 to C-1 (Retail Business)
and O (Office) in 2002 (Ordinance 3540) with a concomitant agreement. Conditions for the
Concomitant agreement are as follows:
9.1 A. The development shall comply with the following requirements:
Z 2022 011 and 2022 012
P&R Construction LLC
Page 2 of 7
Page 152 of 240
9.1.1
9.1.2
9.1.3
9.1.4
9.1.5
9.1.6
9.1.7
9.1.8
9.1.9
9.1.10
9.1.11
9.1.12
A landscaped buffer area of at least 20 feet shall be provided along the
boundary of all commercial and office zones that abut a residential zone
except along the interface with the LDS Church property. The buffer area
shall be constructed in a park-like manner and shall contain a dense
coniferous tree barrier.
No parking lots shall be permitted between future office and commercial
buildings and residential properties.
All mechanical equipment must be screened from adjoining residential
property.
Maximum building heights in the office zone shall be 35 feet.
Signs within the office zone shall not be taller than the building they identify.
Signs within the C-1 zone shall not be taller than 35 feet.
Lighting on office buildings shall be shielded so as not to encroach upon
residential properties. Night lighting on commercial buildings shall also be
shielded from Short Plat 79-18 and residential properties west of Crescent
Drive.
No parking lots shall be located in the front yards areas of future business
located adjacent Crescent Drive.
The front yard setback for all properties adjacent Crescent Drive shall be at
least 20 feet.
No parking lots shall be permitted between future buildings and the westerly
line of Short Plat 79-18 and the westerly in the Baptist Church property.
The following uses shall not be permitted; taverns, or any other structure
whose principal use is the sale, use or consumption of alcoholic beverages,
dance halls, skating rinks, bowling alleys, amusement game centers, billiard
and pool halls, membership clubs except health clubs, fraternal
organizations, auto detail shops, automotive/truck repair, mini-storage and
upholstery shops.
The following described tract within the C-1 zone shall be reserved for
Assisted Living purposes and will require a special permit at a future date;
Beginning at the intersection of the FCID canal right-of-way and the east
right-of-way line of Crescent Drive; thence southerly along the east right-of
way line of Crescent Drive for a distance of 1,145 feet to the True Point of Beginning; thence S 42 °23'05" E for a distance of 335 feet; thence S
46°27'1 O" W to the intersection with the northerly line of Tax Parcel # ll 8-
170-159; thence northwest along the north line of said Tax Parcel to the
intersection with the east right-of-way line of Crescent Drive; thence
northerly along Crescent Drive to the True Point of Beginning.
10.A portion of the site has been farmed with a pivot irrigation system.
11.REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25.88.030. The criteria are listed below as follows:
11.1 The date the existing zone became effective:
11.1.1 The site was assigned RS-12 (Low-Density Residential) and RS-20 (Low
Density Residential) zoning in conjunction with the 2001 annexation. The
site was rezoned from RS-12 and RS-20 to C-1 (Retail Business) and 0
(Office) with a concomitant agreement, in 2002 (Ordinance 3540).
Z 2022 011 and 2022 012
P&R Construction LLC
Page 3 of7
Page 153 of 240
Page 154 of 240
for additional higher-density residential uses in this area supports the Land
Use Element of the Comprehensive Plan.
11.Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on August 22, 2022.
12.The Applicant wishes to rezone a site located south of Chapel Hill Boulevard and west of
Road 100/Broadmoor Boulevard from "O" and C-1 to R-3.
13.An open record public hearing after due legal notice was held September 14, 2022, with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
14.Appearing and testifying on behalf of the applicant was Christy Batayola. Ms. Batayola
testified that she was an agent of the Applicant and property owner and authorized to testify
on their behalf. She indicated that she was in agreement with the representations set forth in
the staff report. She testified that a traffic impact study would be conducted before anydevelopment.
15.The following members of the public testified at the hearing:
15.1 Jeff Grimes. Mr. Grimes testified as to his concerns regarding traffic and
neighborhood safety.
15.2 Christy Franklin. Ms. Franklin testified as to her concerns regarding school
overcrowding.
15.3 Brian Tungesvik. Mr. Tungesvik testified consistent with his letter and the petition
that he filed. He is of the opinion that there is too much residential growth in Pasco
and that the infrastructure and schools are not keeping up with this growth.
15.4 David Solem. Mr. Salem's concerns regarded traffic and safety.
15.5 Justin Stone. Mr. Stone was opposed to the rezone indicating that office and
commercial space for development is needed.
15.6 Karen Alan. Ms. Alan is opposed to the project. She signed the petition that was
circulated. She stated that in her observation there are many accidents on Road 100
and there is simply too much traffic in the area already.
15.7 David Hannum. Mr. Hannum is opposed to the project. He was in agreement with the
testimony of others and added radio frequency contamination to his list of concerns.
15.8 Wendy Thompson. Ms. Thompson was opposed to the rezone citing traffic and
density concerns.
16.The staff report, application materials, agency comments and the entire file of record were
admitted into the record. Also included were the following written comments submitted after
the issuance of the staff report:
16.1 September 4, 2022 letter from Brian Tungesvik.
16.2 September 12, 2022 email from Bryce Geiger.
16.3 September 12, 2022 email from David Wilson.
16.4 August 28, 2022 from Jeff Grimes.
16.5 September 14, 2022 email from David Harley.
Z 2022 011 and 2022 012
P&R Construction LLC
Page 5 of 7
Page 155 of 240
16.6 September 1, 2022 letter from Kent Toyoda.
16.7 September 12, 2022 letter from Marilou Shea.
16.8 September 1, 2022 letter from Kent Toyoda.
16.9 September 13, 2022 telephone message from Lilly Williamson.
16.10 September 14, 2022 telephone message from Dave Solem.
16 .11 "Petition to Stop Rezoning of Land" submitted by Brian Tungesvik.
17.Public testimony at the open record public hearing, and written comments made part of the
record that were presented before the hearing, in opposition to the rezone, were primarily
focused not on the particular requirements for rezone, but instead were opposed to the site
plan evidencing the development that the Applicant may submit to the City of Pasco.
Although this testimony is arguably relevant to the specific rezone criteria regarding the
effect of the rezone on the value and character of adjacent property, the opponents were not
specifically challenging the rezone, but instead were challenging the scope of the site plan the
Applicant submitted along with the rezone application.
18.The Hearing Examiner allowed all this testimony and evidence to be admitted into the record
in the event the Pasco City Council finds this testimony relevant, or even dispositive of this
rezone request. The Hearing Examiner repeatedly reminded members of the public that were
testifying that I was specifically interested in the specific criteria that the Applicant must
demonstrate in order for a rezone to be permitted. However, as City Council will hear from
the hearing transcript, the public testimony in opposition to this project was not necessarily in
opposition to the rezone, but to the site plan that was submitted with the application materials.
19.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II.RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact
from which to draw those conclusions based upon the criteria listed in PMC 25.210.060. The criteria
are as follows:
1.
2.
The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 City Council has recently approved an update to the Comprehensive Plan; The Land
Use Element of the Plan now designates the lot "Medium-Density Residential." The
"Medium-Density Residential" designation allows for R-3 zoning and may be
developed with townhouses and apartments. Residential density may range from 6 to
20 dwelling units per acre in the "Medium-Density Residential" designated area. The
proposal also aligns with the following Comprehensive Plan Goals and Policies:
1.1.1 Land Use Policy LU-4-A: Encourage infill and higher density uses within
proximity to major travel corridors and public transportation service areas.
1.1.2 Housing Goal H-1: Encourage housing for all economic segments of the
city's population consistent with the local and regional market.
1.1.3 Housing Policy H-1-A: Allow for a full range of housing including single
family homes, townhouses, condominiums, apartments, manufactured
housing, accessory dwelling units, zero-lot-line, planned unit developments,
etc.
The effect of the proposal on the immediate vicinity will not be materially detrimental.
Z 2022 011 and 2022 012
P&R Construction LLC
Page 6 of 8
Page 156 of 240
2.1 The Comprehensive Plan has recently been updated for the area and the Land Use
Element of the Plan now designates the lot "Medium-Density Residential."
2.2 The "Medium-Density Residential" designation allows for R-3 zoning and may be
developed with single-family dwellings, patio homes, townhouses, apartments,
and/or condominiums.
2.3 The application for rezone is consistent with the Comprehensive Plan Land Use
Element and meets the intent of the Goals and Policies for the property. The proposal
will not be materially detrimental to the immediate vicinities.
3.There is merit and value in the proposal for the community as a whole.
3 .1 The proposed zoning designation is consistent with the Comprehensive Plan Land
Use Map and the Goals and Policies as adopted by the Pasco City Council. Based on
past experience with rezoning underutilized land adjacent to existing subdivisions,
the proposed rezone will not negatively impact adjoining properties. Rezoning the
property will assist with the implementation of the Comprehensive Plan.
4.Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.1 The rezone application and anticipated project are subject to the regulations and
requirements of the Pasco Municipal Code and the City of Pasco Design and
Construction Standards. The Design and Construction Standards require a Traffic
Study for proposals that generate 25 or more peak hour trips.
4.2 Furthermore, with a rezone the area would need to be re-platted to meet current City
subdivision standards. The Preliminary Platting process requires review through the
Hearing Examiner. If or when applicants pursue the development of this property,
they will be required to conform to subdivision and design standards established by
the PMC. No special conditions are proposed.
5.A Concomitant Agreement should be entered into between the City and the petitioner, and if
so, the terms and conditions of such an agreement.
5 .1 If or when applicants pursue the development of this property, they will be required to
conform to subdivision and design standards established by the PMC. No
Concomitant Agreement is considered necessary for this application.
6.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
ill. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL of Z 2022 011 and Z 2022 012, that portions of land in Section 18,
Township 9 North, Range 29 East, Pasco, Franklin County, WA located south of Chapel Hill
Boulevard and west of Road 100/Broadmoor Boulevard (Parcels 118170104, 118170168, 118211033,
118211042, 118211051, 118211060, 118211079, 118211088, 118211097, and 118211024) be
rezoned from "O" (Office) and C-1 (Retail Business) to R-3 (Medium-Density Residential).
Z 2022 011 and 2022 012
P&R Construction LLC
Page 7 of 8
Page 157 of 240
Dated this 1 iy of September, 2022.Cl�E� L.Kottkamp
Z 2022 011 and 2022 012
P&R Construction LLC
Page 8 of 8
Page 158 of 240
"Exhibit B"
l;fft..RRIS
r::::; eI.;r.v-l!IMi�S D I?
Feet
Item: Rezone -Wilson & Rocky Hills Management -"O" & C-1 to R�
Applicant(s): P&R Construction LLC -Paul Lavrentiev 1'File#: Z 2022-011 & Z 2022-012 �
□ D
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oD Page 159 of 240
REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Remote
WEDNESDAY, 14 September 2022
6:00 PM
1
MASTER FILE #: Z 2022-011
Z 2022-012
APPLICANT: P&R Construction LLC c/o Paul Lavrentiev
105609 Wiser Parkway
Kennewick, WA 99338
REQUEST: REZONE: “Magnolia Heights” Rezone from “O” (Office) and C-1
(Retail Business) to R-3 (Medium-Density Residential)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal:
Parcels 118211033, 118211042, 118211051, 118211060, 118211079, 118211088, 118211097,
and 118211024:
PEPPERMINT TERRACE 3RD LOTS 22-29 BLK 2 EXC PTN TO ST OF WA FOR SR182 (413784)
Parcel 118170168:
ALL TH PTN NE4 LY SE OF 18-9-29 RD 108 & S OF FCID CANAL, EXC TR'S 1 -L & 1-M & EXC
PEPPERMINT TERRACE 3RD & EXC PTN TO ST OF WA FOR SR18 2 (413784) EXC PTN DAF:
COMM AT NE COR SD SEC 18; TH S02D25'W ALG E LN SD SEC, 1303.6'; TH S46D45'W ALG NWLY
LN PLAT OF PEPPERMINT TERR 3RD ADDN, 1187.11' TO TPOB; TH S46D45'W, 2234.78' TO N R/W
MARG WEST COURT ST; TH N43D15'W ALG SD N R/W MARG, 125'; TH N46D44'E, 215'; TH
N43D15'W , 409.79'; TH S02D13'W, 301.54' TO N R/W MARG W COURT ST; TH N43D15'W ALG SD
N R/W MARG, 42.08' TO CTRLN ROAD 108; TH N02D13'E ALG CTRLN RD 108, 1970.47' TO
INTERSECT SLY R/W MARG CRESCENT RD; TH N46D42'E ALG SD SLY R/W MARG, 51.34'; TH
S43D14', 1090'; TH N46D45'E 778.99'; TH S43D14'E, 657.51' TO TPOB.
Parcel 118170104:
TRACT 1-L PTN NE4 18-9-29 BEG AT NE COR OF SEC 18 & RUNNING TH N89d42 'W 1220.7'; TH
S46d45'W, 85.3' TO TPOB; TH S46d45'W 767.5'; TH S54d12'E 223.4'; TH N46d45'E 731.7' TO A PT
ON S R/W LN OF F CID CANAL; TH NWLY ALG SD S R/W LN 222.6' TO TPOB
General Location: Said property is located south of Chapel Hill Boulevard and west of Road
100/Broadmoor Boulevard, Pasco, Franklin County, WA.
Property Size: Approximately 67.89 acres (2,957,455.24 square feet)
2. ACCESS: The parcel has access from Broadmoor Boulevard/Road 100, Crescent Drive, and Chapel
Hill Boulevard.
3. UTILITIES: Municipal water and sewer are available in Broadmoor Boulevard/Road 100, Crescent
Drive, and Chapel Hill Boulevard.
Page 160 of 240
2
4. LAND USE AND ZONING: The site is zoned “O” (Office) and C-1 (Retail Business) and is vacant.
Surrounding properties are zoned and developed as follows:
NORTH: R-3; R-4; C-1 Vacant; Apartments; Offices/Commercial
EAST: C-1; R-1; RS-12 Vacant; SFDUS
SOUTH: RS-12; RS-20 SFDUs
WEST: RS-12; R-3 Church, SFDUs; Vacant
5. Comprehensive Plan: The Comprehensive Plan has recently been updated and approved by City
Council; the site has been designated “Medium-Density Residential” by the Comprehensive Plan
Land Use Map; the “Medium-Density Residential” designation allows for R-2 through R-4 and RP
zoning, and single-family dwellings, patio homes, townhouses, apartments, and condominiums
are all appropriate for this area. Residential density may range from 6 to 20 dwelling units per
acre.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan, applicable
regulations, and other information, a threshold determination resulting in a Determination of
Non-Significance (DNS) or Mitigate Determination of Non-Significance (MDNS) is anticipated for
this project under WAC 197-11-158.
ANALYSIS
Request
P&R Construction LLC c/o Paul Lavrentiev has submitted two rezone applications (Z 2022-011 & Z 2022-
012) from “O” (Office) and C-1 (Retail Business) to R-3 (Medium-Density Residential), for portions of land
in Section 18, Township 9 North, Range 29 East, Pasco, Franklin County, WA (Parcels 118170104,
118170168, 118211033, 118211042, 118211051, 118211060, 118211079, 118211088, 118211097, and
118211024) located south of Chapel Hill Boulevard and west of Road 100/Broadmoor Boulevard.
Site
The site comprises approximately 67.89 acres (2,957,455.24 square feet) and is vacant.
The Comprehensive Plan designates the site “Medium-Density Residential;” the “Medium-Density
Residential” designation allows for R-2 through R-4 and RP zoning; single-family dwellings, patio homes,
townhouses, apartments, and condominiums are all appropriate for “Medium-Density Residential”
designated areas. Residential density may range from 6 to 20 dwelling units per acre.
History
The site was annexed into the City in 2001 (Ordinance 3462) and assigned RS-12 (Low-Density Residential)
and RS-20 (Low-Density Residential) zoning in conjunction with the annexation. The site was rezoned from
RS-12 and RS-20 to C-1 (Retail Business) and O (Office) in 2002 (Ordinance 3540) with a concomitant
agreement.
Conditions for the Concomitant agreement are as follows:
A. The development shall comply with the following requirements:
1) A landscaped buffer area of at least 20 feet shall be provided along the boundary of all commercial
and office zones that abut a residential zone except along the interface with the LDS Church
Page 161 of 240
3
property. The buffer area shall be constructed in a park-like manner and shall contain a dense
coniferous tree barrier.
2) No parking lots shall be permitted between future office and commercial buildings and residential
properties.
3) All mechanical equipment must be screened from adjoining residential property.
4) Maximum building heights in the office zone shall be 35 feet.
5) Signs within the office zone shall not be taller than the building they identify.
6) Signs within the C-l zone shall not be taller than 35 feet.
7) Lighting on office buildings shall be shielded so as not to encroach upon residential properties.
Night lighting on commercial buildings shall also be shielded from Short Plat 79-18 and residential
properties west of Crescent Drive.
8) No parking lots shall be located in the front yards areas of future business located adjacent
Crescent Drive.
9) The front yard setback for all properties adjacent Crescent Drive shall be at least 20 feet.
10) No parking lots shall be permitted between future buildings and the westerly line of Short Plat 79-
18 and the westerly in the Baptist Church property.
11) The following uses shall not be permitted; taverns, or any other structure whose principal use is
the sale, use or consumption of alcoholic beverages, dance halls, skating rinks, bowling alleys,
amusement game centers, billiard and pool halls, membership clubs except health clubs, fraternal
organizations, auto detail shops, automotive/truck repair, mini-storage and upholstery shops.
12) The following described tract within the C-l zone shall be reserved for Assisted Living purposes
and will require a special permit at a future date; Beginning at the intersection of the FCID canal
right-of-way and the east right-of-way line of Crescent Drive; thence southerly along the east
right-of-way line of Crescent Drive for a distance of 1,145 feet to the True Point of Beginning;
thence S 42°23'05" E for a distance of 335 feet; thence S 46°27'10" W to the intersection with the
northerly line of Tax Parcel # 118-170-159; thence northwest along the north line of said Tax
Parcel to the intersection with the east right-of-way line of Crescent Drive; thence northerly along
Crescent Drive to the True Point of Beginning.
A portion of the site has been farmed with a pivot irrigation system.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
The site was assigned RS-12 (Low-Density Residential) and RS-20 (Low-Density Residential) zoning in
conjunction with the 2001 annexation. The site was rezoned from RS-12 and RS-20 to C-1 (Retail Business)
and O (Office) with a concomitant agreement, in 2002 (Ordinance 3540).
2. The changed conditions, which are alleged to warrant other or additional zoning:
The site is considered “infill” property as development has occurred around it.
City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the
Plan now designates the site “Medium-Density Residential.”
The “Medium-Density Residential” designation allows for R-2 through R-4 and RP zoning and may be
developed with single-family dwellings, patio homes, townhouses, apartments, and condominiums.
Residential density may range from 6 to 20 dwelling units per acre in the “Medium-Density Residential”
designated area.
Page 162 of 240
4
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
The rezone application is consistent with the Pasco Comprehensive Plan, which has been determined to be
in the best interest of advancing public health, safety and general welfare of the community. The rezone
would allow for residential density between 6 to 20 dwelling units per acre.
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
A change in zoning classification may ultimately result in the development of single-family dwellings, patio
homes, townhouses, apartments, and/or condominiums, all of which are appropriate for this land use
designation, in alignment with the Land Use Element of the Comprehensive Plan.
The rezone application is consistent with and meets the intent of the newly revised and approved goals
and policies of the Comprehensive Plan.
5. The effect on the property owner or owners if the request is not granted:
If the site remains with the current zoning designations the site would likely continue to remain vacant for
a while, as the property does not front on an arterial street, and residential demand is currently outpacing
commercial in the area.
6. The Comprehensive Plan land use designation for the property
The City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the
Plan now designates the lot “Medium-Density Residential.”
The “Medium-Density Residential” designation allows for R-3 zoning and may be developed with single-
family dwellings, patio homes, townhouses, apartments, and/or condominiums, all of which would be
appropriate for this area.
7. Such other information as the Hearing Examiner requires
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City
Council Goals on housing. The opportunity for additional higher-density residential uses in this area
supports the Land Use Element of the Comprehensive Plan.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on August 22, 2022.
2. Applicant wishes to rezone a site located south of Chapel Hill Boulevard and west of Road
100/Broadmoor Boulevard from “O” and C-1 to R-3.
3. The site comprises approximately 67.89 acres.
4. The site is vacant.
5. The Comprehensive Plan has recently been updated and approved by City Council.
6. The updated Comprehensive Plan designates the site “Medium-Density Residential.”
7. “Medium-Density Residential” allows for R-2 through R-4 and RP zoning.
8. “Medium-Density Residential” allows for single-family dwellings, patio homes, townhouses,
apartments, and condominiums.
9. “Medium-Density Residential” allows for Residential density from 6 to 20 dwelling units per acre.
Page 163 of 240
5
10. The site was annexed into the City in 2001 (Ordinance 3462)
11. The site was assigned RS-12 (Low-Density Residential) and RS-20 (Low-Density Residential) zoning
in conjunction with the annexation.
12. The site was rezoned from RS-12 and RS-20 to C-1 (Retail Business) and O (Office) with a
concomitant agreement, in 2002 (Ordinance 3540).
13. Part of the site has been farmed with a pivot irrigation system.
14. The site is considered “infill” property as development has occurred around it.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the
Plan now designates the lot “Medium-Density Residential.”
The “Medium-Density Residential” designation allows for R-3 zoning and may be developed with
townhouses and apartments.
Residential density may range from 6 to 20 dwelling units per acre in the “Medium-Density Residential”
designated area.
The proposal also aligns with the following Comprehensive Plan Goals and Policies:
Land Use Policy LU-4-A: Encourage infill and higher density uses within proximity to major travel corridors
and public transportation service areas.
Housing Goal H-1: Encourage housing for all economic segments of the city’s population consistent with
the local and regional market.
Housing Policy H-1-A: Allow for a full range of housing including single family homes, townhouses,
condominiums, apartments, manufactured housing, accessory dwelling units, zero-lot-line, planned unit
developments, etc.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The Comprehensive Plan has recently been updated for the area and the Land Use Element of the Plan now
designates the lot “Medium-Density Residential.”
The “Medium-Density Residential” designation allows for R-3 zoning and may be developed with single-
family dwellings, patio homes, townhouses, apartments, and/or condominiums.
The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the
intent of the Goals and Policies for the property. The proposal will not be materially detrimental to the
immediate vicinity.
3. There is merit and value in the proposal for the community as a whole.
The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals
and Policies as adopted by the Pasco City Council. Based on past experience with rezoning underutilized
land adjacent to existing subdivisions, the proposed rezone will not negatively impact adjoining properties.
Rezoning the property will assist with the implementation of the Comprehensive Plan.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
Page 164 of 240
6
proposal.
The rezone application and anticipated project are subject to the regulations and requirements of the
Pasco Municipal Code and the City of Pasco Design and Construction Standards. The Design and
Construction Standards require a Traffic Study for proposals that generate 25 or more peak hour trips.
Furthermore, with a rezone the area would need to be re-platted to meet current City subdivision
standards. The Preliminary Platting process requires review through the Hearing Examiner. If or when
applicants pursue the development of this property, they will be required to conform to subdivision and
design standards established by the PMC. No special conditions are proposed.
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
If or when applicants pursue the development of this property, they will be required to conform to
subdivision and design standards established by the PMC. No Concomitant Agreement is considered
necessary for this application.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein, that portions of land in Section
18, Township 9 North, Range 29 East, Pasco, Franklin County, WA located south of Chapel Hill Boulevard
and west of Road 100/Broadmoor Boulevard (Parcels 118170104, 118170168, 118211033, 118211042,
118211051, 118211060, 118211079, 118211088, 118211097, and 118211024) be rezoned from “O”
(Office) and C-1 (Retail Business) to R-3 (Medium-Density Residential).
Page 165 of 240
Page 166 of 240
Page 167 of 240
Page 168 of 240
Page 169 of 240
Page 170 of 240
TOTAL ACREAGE; TOTAL LOT COUNT:
(A).4-.5 ACRE LOTS:
(B) 10.000+ SF LOTS:
(C) 7200 SF:
(D)2 STORY TOWNHOMES:
(E)RAMBLER TOWNHOMES:
64.62 ACRES 389 LOTS
23 LOTS
25 LOTS
42 LOTS
213 LOTS
85 LOTS
MAGNOLIA
HEIGHTS
.., v;' SCALE: l... --
�I
CHEUIICT----
NTS +
DRAWN BY: PAULL. DATE: 06-14-2022 rJl
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>-----4 z � 0 OU z 0
� Page 171 of 240
Looking North
Page 172 of 240
Looking Northeast
Page 173 of 240
Looking East
Page 174 of 240
Looking Southeast
Page 175 of 240
Looking South
Page 176 of 240
Looking Southwest
Page 177 of 240
Looking West
Page 178 of 240
Looking Northwest
Page 179 of 240
Site
Page 180 of 240
· f ii Gtytf II· Pasco
Master File # ------
Community & Economic Development Department
PO Box 293, S25 N 3rd Ave, Pasco, WA 99301
P: S09.545.3441 / f: 509.545.3499
CITY OF PASCO
PETITION FOR ZONE CHANGE
Date Submitted:
Owner Info
Fee:$825
------
Applicant Info (if different than applicant)
Name: Name: P&R Constr uction LLC -Paul Lavrentiev Ruth S and David Wayne Wilson (co-trustees)
Address: Address:
105609 Wiser Parkway, Kennewick, WA 99338 10723 W Court St., Pasco, WA
Phone: Phone:
509-392-7080 509-539-8558
Email: Email: paul@infinityhomesofwa.com wilsondw60 @gmail.com
Project Address: 4311 Crescent Rd., Pasco, WA 99301, and undetermined
Project Parcel Number: 1182110-24, -33, -42, -51, -60, -79, -88, -97 (8 parcels)
Current Zoning: _Offi_1ce_,_o _________________________ _
Requested Zoning: Medium Density Residential, R-3
Describe the nature and effect of the prop osed change: The ch ange in zoning will match the
Comprehensive Land Use Designation for the subject properties. This will allow subdivision of
the land and development with much needed residenti al units.
Estimated time frame of dev elop ment: Start construction in Spring 2023. Complete development
within 10 years.
Updated July 2019
Page 181 of 240
What conditions warrant the proposed rezone? The area is surrounded by residential development
and the Comprehensive Plan Future Land Use Map designates the area as Medium Density
Residential.
How will the proposed rezone advance the health, safety, and general welfare of the community?
The community needs new residential units to support the growing population. The new housing
will benefit the health, safety, and welfare of all those living in the development.
What effect will the proposed change have on the value and character of adjacent property?
The change will allow development to match the residential character of the adjacent property.
How does the proposed rezone relate to the City's Comprehensive Plan? This change matches
the Comprehensive Plan Future Land Use Map designation of Medium Density Residential.
What effect will be realized by the owner(s) if the proposed rezone is not granted? _____ _
The property will not be developed as residential and instead will eventually be developed
as office
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300
feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall
be utilized by the City to obtain a current list of property owners of all prope rties within 300 feet of
the applicant's property.
Page 182 of 240
Plsco Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Fee:$825
Fee for Rezone
Environmental Checklist
Radius Notification
$700.00
""' $ 75.00 Mi-�FjltJ $ 50.00
C SEPA Checklist
*Notarized Signature of Property Owner
State of Washington )
County of Franklin )
ss.
-$8i5.00 7�
C Site map C Fee of$825
On this ;) 7�y of J v �, Qo dd--. before me the undersigned, a Notary Public In and
for the State of Wa ington, duly commissioned an sworn, personally appeared
Rc;...v; d � ; l'S,..J� being duly sworn on his/her oath that he/she has prepared
and read the foregoing statements and has acknowledged to me that the recitations contained
therein are true, and has signed this instrument as his/her free and voluntary act and deed for the
purposes therein mentioned.
SUBSCRIBED AND SWORN to before me this � -nay of J vi I aaa.J., ___.
_ .... ....-1D11t•v•.,,.
;'":".,-z.lN FH.91', ... ,,
/, .... � ............ "'+'•• I '
/ /�OTARYPUBLI�\� \
I { COMM. EXPIRES � �
, �-01m1202s ... I
1. .,. ·•• .•· 11
Updated July 2019
\;� •• ••• o�,1 '">i....... . . . . "� �"·,,_.�I' WAStl\";., .._,.,. ... .....-
siding at_....,._., __ =--...;;...._--'-----J)
My Commission expires----'�_....__.....___.._...._ __ _
Page 183 of 240
7/21/22, 1:16 PM
0168
1/1 Page 184 of 240
t Cityef 1111 Pasco
Master File # ------
Community & Economic Development Department
PO Box 293, 525 N 3:d Ave, Pasco, WA 99301
P: 509,545.3441 / F: 509.545.3499
CITY OF PASCO
PETITION FOR ZONE CHANGE
Date Submitted:
Owner Info
fee:$825
------
Applicant Info (if different than applicant)
Name: Name:
P&R Construction LLC -Paul Lavrentiev Rocky Hills Management LP
Address: Address:
105609 Wiser Parkway, Kennewick, WA 99338 10723 W Court St, Pasco, WA 99301
Phone: Phone:
509-392-7080 509-539-8558
Email: Email:
paul@infinityhomesofwa.com wils ondw60@gmail.com
Project Address: 4311 Crescent Rd., Pasco, WA 99301, and undetermined
Pr oject Parcel Number: 118170168 and 118170104
Current Zoning: Commercial C-1 and Office, 0
Requested Zoning: Medium Density Residential, R-3
Describe th e nature and effect of the prop osed change: The change in zoning will match the
Comprehensive Land Use Designation for the subject properties. This will allow subdivision of
the land and development with much needed residential units.
Estimated time frame of development: Start construction in Spring 2023. Complete development
within 1 O years.
Updated July 2019
Page 185 of 240
What conditions warrant the proposed rezone? The area is surrounded by residential development
and the Comp rehensive Plan Future Land Use Map designates the area as Medium Density
Residential.
How will the proposed rezone advance the health, safety, and general welfare of the community?
The community needs new residential units to support the growing population. The new housing
will benefit the health, safety, and welfare of all those living in the development.
What effect will the proposed change have on the value and character of adjacent property?
The change will allow development to match the residential chara cter of the adjacent property.
How does the proposed rezone relate to the City's Comprehensive Plan? This change matches
the Comprehensive Plan Future Land Use Map designation of Medium Density Residential.
What effect will be realized by the owner{s) if the proposed rezone is not granted? _____ _
The property will not be developed as residential and instead will eventu ally be developed
as commercial
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300
feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall
be utilized by the City to obtain a current list of property owners of all properties within 300 feet of
the applicant's property.
Page 186 of 240
iii I,..,, I ii n City cf Community & Economic Development Department 11 1_..Jasoo PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Fee:$825
Fee for Rezone
Environmental Checklist
Radius Notification
$700.00 II c:S 1s.oo ;vof /e.�h,� □SEPA Checklist
/
ti • Signatur� of Applicant
l/JuftJ� -
$ 50.00
$825.00
CJ Site map C Feeof$825
*Notarized Signature of Property Owner
State of Washington )
County of Franklin )
ss.
On this J... 7-'dav of -:J..; � , ;;}_<t d\J.. , before me the undersigned, a Notary Public in and for t� State of Wast?ngton, duly commissioned an sworn, personally appeared O�v� d \,,.h· \ So·"' being duly sworn on his/her oath that he/she has prepared
and read the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned.
��:�� ,.,o,.¥> ·······••1. �' I'�.-· -.. ' . . � i1 :' NOTAAY PUBUC -._ \ I : � & ii ; (01'1\M, EXPIR£5 : i \ . . ' \ 01/1912025 ..... / '\. ..,.,,• ... _ ./ o3/
, .. '?� ...... •��(tl �Of:WAS"" .._ ....
Updated July 2019
otar nd for the State of Washington
tding at SH.;i{.c. /J 'l<J C:.8"'5f"� t> PA.sec) ""'A 9#j;rc fMy Commission expires o , -, <; -a.a � S
Page 187 of 240
https://frankllnwa-mapsifter.publlcaccessnow.com/defaultHTML5.aspx 1/1
Page 188 of 240
TOTAL ACREAGE; TOTAL LOT COUNT:
(A).4-.5 ACRE LOTS:
(B) 10.000+ SF LOTS:
(C) 7200 SF:
(D)2 STORY TOWNHOMES:
(E)RAMBLER TOWNHOMES:
64.62 ACRES 389 LOTS
23 LOTS
25 LOTS
42 LOTS
213 LOTS
85 LOTS
MAGNOLIA
HEIGHTS
.., v;' SCALE: l... --
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DRAWN BY: PAULL. DATE: 06-14-2022 rJl
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1325 SE TECH CENTER DR, STE 140, VANCOUVER, WA 98683 ▪ 360.695.3488 MAIN ▪ 866.727.0140 FAX ▪ PBSUSA.COM
August 4, 2022
Tyler Johnson
City of Pasco
PO Box 293
Pasco, Washington 99301
Via email: johnsonty@pasco-wa.gov
Regarding: Traffic Impact Analysis Scoping Letter
Magnolia Heights Development
4311 Crescent Road
Pasco, Washington
PBS Project 71965.000
Dear Mr. Johnson:
This letter proposes the scope for the traffic impact analysis (TIA) to be prepared for the proposed Magnolia
Heights development. Please respond to confirm the scope described below. PBS Engineering and Environmental
Inc. (PBS) is particularly interested in verifying the intersections in need of analysis, the trip distribution pattern,
and the appropriateness of collecting traffic counts during the summer season outside the academic year.
PROJECT DESCRIPTION
The Magnolia Heights project will develop a 65-acre site with medium-density residential land uses. The number
of units is to be determined, yet is estimated as 389 lots, as shown on the attached site plan. The home sites will
vary in size from half-acre single-family properties to one- and two-story townhomes. Buildout is assumed to be
complete by 2027.
The site is composed of several current parcels; the largest is parcel 118170168, which is assigned address 4311
Crescent Road. The site spans the southwest side of the Franklin County Irrigation Canal between Crescent Road
and Broadmoor Boulevard / Road 100. Public roadway connections are planned both along these fronting
roadways. Additional connections are planned as extensions of adjacent roadway stubs.
Based on the planned development, the Magnolia Heights project is anticipated to generate 3,136 vehicle trips
during a typical weekday, including 217 during the AM peak hour and 265 during the PM peak hour. See the
attached trip generation estimate and trip distribution map.
SCOPE OF WORK
PBS proposes the following scope of work for a Magnolia Heights TIA report per the Pasco Design and
Construction Standards for a Tier 2 TIA:
• Inventory of existing transportation networks for pedestrians, bicyclists, transit, and vehicles.
• Document surrounding area land uses and zoning.
• Gather the relevant traffic data at the study intersections listed below, including in-process project trips,
collision records, and turning movement counts:
Page 190 of 240
Tyler Johnson
Magnolia Heights Development – TIA Scoping Letter
August 4, 2022
Page 2 of 2
71965.000
1. Broadmoor Boulevard / Interstate 182 (I-182) Westbound Ramps
2. Broadmoor Boulevard / I-182 Eastbound Ramps
3. Broadmoor Boulevard / Saint Thomas Drive
4. Broadmoor Boulevard / Chapel Hill Boulevard-Crescent Road
• Estimate future traffic conditions without project trips based on present volumes, estimated background
growth at 2% per year, in-process project trips, and capital improvement projects planned within the
study period.
• Estimate site trip generation using the current Institute of Transportation Engineers’ Trip Generation
Manual, land use codes 210 and 215. No pass-by or internal trip reductions are anticipated.
• Estimate trip distribution based on surrounding traffic volumes, land uses, density, and engineering
judgement. See the attached trip distribution estimate map. Refine the trip distribution based on the
Benton-Franklin Council of Government (BFCG) travel-demand model output for this area. Please sign the
attached BFCG form to authorize release of the model output for trip distribution purposes.
• Analyze the studied intersections and the proposed site access intersections on Broadmoor Boulevard /
Road 100 for level of service (LOS) and queuing during the weekday AM and PM peak hours. Evaluate the
current 2022 conditions, future 2027 without project conditions, and future 2027 with project conditions.
• Evaluate site accesses on Broadmoor Boulevard and Crescent Road for sight distance, turn lanes, and
pedestrian and bicycle access.
• Evaluate on-site parking.
• Evaluate the percentage of spare capacity at all studied intersections.
• Assess safety conditions, including the historical collision rate, at the studied intersections.
• Identify and assess the project’s impact to transit, bicycle, and pedestrian routes in the study area.
• Recommend traffic mitigation as needed to meet city LOS targets and/or safety goals.
CLOSING
Please respond with any comments or feedback on this scope for a Tier 2 TIA. Please feel free to contact me at
360.567.2123 or david.holt@pbsusa.com with any questions or comments.
Sincerely,
David Holt, PE
Project Traffic Engineer
Attachments: Site Plan
Trip Generation Estimate
Trip Distribution Map
BFCG Travel Demand Authorization Agreement
PM:DH:tl
Page 191 of 240
TOTAL ACREAGE; TOTAL LOT COUNT:
(A).4-.5 ACRE LOTS:
(B) 10.000+ SF LOTS:
(C) 7200 SF:
(D)2 STORY TOWNHOMES:
(E)RAMBLER TOWNHOMES:
64.62 ACRES 389 LOTS
23 LOTS
25 LOTS
42 LOTS
213 LOTS
85 LOTS
MAGNOLIA
HEIGHTS
.., v;' SCALE: l... --
�I
CHEUIICT----
NTS +
DRAWN BY: PAULL. DATE: 06-14-2022 rJl
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Page 193 of 240
Page 194 of 240
Page 195 of 240
Page 196 of 240
Page 197 of 240
Page 198 of 240
SITE50%20%15%10%5%Study IntersectionsPreliminary Trip Distribution PatternMagnolia Heights DevelopmentPage 199 of 240
Updated: March 2019
BFCG hereby gives public notice that it is the agency policy to assure full compliance with Title VI of the 1964 Civil Rights Act, the Civil Rights Restoration Act of 1987, Executive Order 12898 on Environmental Justice, and related statutes and regulations in all programs and activities.
Travel Demand Model Authorization Agreement
Date: _______/________/________
Entity Requesting Use of Travel Demand Model (Recipient):
________________________________________________________
Name/Title of Contact Person:
________________________________________________________
This agreement is between the Recipient and Benton-Franklin Council of Governments (BFCG)
use of the BFCG Model. BFCG agrees to provide a copy of the 2015-2040 BFCG Travel Demand
Model to the recipient according to the terms and conditions within this agreement.
The recipient agrees that permission shall commence as of the date hereof and continue until
the project is complete or until permission is terminated by BFCG. BFCG reserves the right to
terminate this agreement at any time. The recipient must also agree to the following;
1. Provide a scope of work that includes project information and modeling intentions;
2. The Model will be used at the request of a BFCG member jurisdiction;
3. The modeling files are not to be passed on to other agencies/consultants without the
written approval of BFCG;
4. If the recipient makes any alteration, deletion or addition of information contained
on the named and dated files specified in this agreement, the recipient will disclose
in detail specific modifications made to the file(s). Additionally, if any such
alterations are made, any subsequent analysis (i.e. – report, study, etc.) should
clearly and explicitly state that said analysis was based on a modified version of
BFCG’s Model and specify all modifications made.
08 05 2022
PBS Engineering and Environmental Inc.
David Holt, PE, Project Engineer
Page 200 of 240
Updated: March 2019
BFCG hereby gives public notice that it is the agency policy to assure full compliance with Title VI of the 1964 Civil Rights Act, the Civil Rights Restoration Act of 1987, Executive Order 12898 on Environmental Justice, and related statutes and regulations in all programs and activities.
5. BFCG, does not warrant, guarantee or accept any liability for the accuracy, precision,
or completeness of any information made from the use of the Model.
6. BFCG retains ownership of the Model.
7. Results of the model will be shared with BFCG staff.
The recipient acknowledges that they have read this agreement and will abide by the terms and
conditions based upon the above terms. The recipient will the sign Travel Demand Model
Authorization Agreement Model use form, request a letter of support from a member agency,
and provide a scope of project to BFCG offices for approval. Upon receipt of these items, BFCG
will forward the model documentation and electronic files.
Recipient:
Name (Printed): ______________________________________
Date: / /
Name (Signature): ______________________________________
Approved By BFCG:
Name (Printed): ______________________________________
Date: / /
Name (Signature): ______________________________________
David Holt 08 05 2022
Page 201 of 240
Affidavit of Mailing
In regards to MF# 22022-011 & 012
I, Carmen Patrick, hereby confirm that notification was sent by mail August 22, 2022 to the owners of
the parcels within 300 feet of the proposed site .
The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was
sent and to whom received the notification.
Given under my hand and official signature this 22nd day, August of 2022.
Representative's Signature
Page 202 of 240
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco , WA 99301
P: 509 .545 .3441 / F: 509 .545.3499
PUBLIC NOTICE
Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor llame al Departamento de
Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441.
Proposal: Paul Lavrentiev, on behalf of P&R Construction LLC, has submitted two rezone applications (Z
2022-011 & Z 2022-012) from "O" {Office) and C-1 (Retail Business) to R-3 (Medium-Density Residential),
for portions of land in Section 18, Township 9 North, Range 29 East, Pasco , Franklin County, WA (Parcels
118170104, 118170168, 118211033, 118211042, 118211051, 118211060, 118211079, 118211088,
118211097, and 118211024) located south of Chapel Hill Boulevard and west of Road 100/Broadmoor
Boulevard .. The proposal is subject to regulations contained in the Pasco Municipal Code .
Public Comment Period: Written comments must be submitted to the Community Development Department
by 5:00 p .m . on 14 September 2022 to be included in the Hearing Examiner packet . If you have questions on
the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to : adamsj@pasco-wa.gov .
Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6 :00 p .m . on 14
September 2022 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington . The
Hearing Examiner will consider public testimony concerning the above application at this meeting.
If you wish to participate in the hearing virtually, please register at least 2 hours prior to the
meeting at the following registration link:
www.pasco-wa.gov/publiccomment
After registering, you will receive a confirmation email containing information about joining
the webinar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the
Special Permit within ten (10) business days of the public hearing.
Prepared 16 August 2022 by : Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545-3441
The City of Pasco welcomes full participation in public meetings by all citizens . No qualified indiv idual with a disability shall be
excluded or denied the benefit of parti ci pating in such meetings . If you w ish to use auxiliary aids or require assistance to comment
at this public meeting , please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least
ten days prior to the date of the meeting to make arrangements for special needs .
Page 203 of 240
64.62 ACRES 389 LOTS 23 LOTS 25 LOTS 42 LOTS 213 LOTS 85 LOTS MAGNOLIA HEIGHTS SCALE: NTS AN L 11 ·--•--.II~--T" ';~1 !1 DRAWN BY: PAULL. DATE: 06-14-2022 (/J ~ :I:: 2~ ~~ :I:: ~ <:Cu ~z 230 zU 0 <:C ~ Page 204 of 240
PARCELNUMBER TAXPAYER_NAME MAIL_ADORESS MAIL_OTYST ZIP _CODE
118211033 RUTHS (CO-TRUSTEESI WILSON 10723 W COURT ST PASCO WA 99301-6512
118211319 NORTHWEST BAPTIST FOUNDATION 3200 NE 109TH AVE VANCOUVER WA 98682•7749
118170159 BISHOf' OF LOS 50 E NORTH TEMPLE Fl 22 SALT LAKE CITY UT 84150-0022
118170239 GORDON & GWEN KEYES 3917 S AUBURN ST KENNEWICK WA 99337·8219
118170457 LORETTAT JOHNSON !ETAL) 10804 W COURT ST PASCO WA 99301-6513
118060170 HAJOI & ALOIJANA GOGIC {ETAL) 4416 APPALOOSA LN PASCO WA 99301•8017
118060171 JASON G TOYODA (ETAL) 4412 APPALOOSA CT PASCO WA 99301·8017
118060172 SARA A MORALES 1319 RATHWOOD AVE RICHLAND WA 99352·8454
118060173 PETER J & CHANEL R HARPSTER 4404 APPALOOSA CT PASCO WA 99301·8017
118060187 CITY OF PASCO PO BOX 293 PASCO WA 99301-0293
118070055 ANDRIY & Qt.ENA SOLOVEY 3812 HAYDEN LN PASCO WA 99301·9082
118070041 MARK & SILVIA CU EL LAR 9916 CHELAN CT PASCO WA 99301·9081
118070042 CYNTHIA & PAUL UNDERWOOD 9912 CHELAN CT PASCO WA 99301·9081
118070054 CIMONE L WRIGHT·HAMOR (ETVIR) 9907 CHELAN CT PASCO WA 99301·9081
118070060 HO LAM (ETUX) 3904 HAYDEN LN PASCO WA 99301 ·9085
118070061 FRANK J JR & THERESA M HAIDER {TRUSTEES) 15525 W lAS VERDES WAY SURPRISE AZ. 85374-5476
118070062 ROBERT B & KATHLEEN A GILLIS frR) 21480 NE RED HILLS LN DUNDEE OR 97115·9181
118070063 ELVA VILLARREAL 3916 HAYDEN LN PASCO WA 99301-9085
118070064 NICHOlAS & SAMANTHA ELIZONDO 4004 HAYDEN LN PASCO WA 99301-9086
118070065 DEREK J & MALIA J FORZA 4008 HAYDEN LN PASCO WA 99301-9086
118070066 MARK A & SUNSHINE C THOMPSON 4012 HAYDEN LN PASCO WA 99301 -9086
118070067 MICHAEL C & KELSEY L WALKER 4016 HAYDEN LN PASCO WA 99301-9086
118070068 FERNANDO MALDONADO 927 W BROWN ST PASCO WA 99301-4115
118070069 JASON & TAMARA PEARSON 4108 HAYDEN LN PASCO WA 99301-9087
118070073 CYNTHIA M & HER BERT BARBOSA 4212 HAYDEN LN PASCO WA 99301·9088
118070074 JERROD B MACPHERSON 4304 HAYDEN LN PASCO WA 99301-9089
118070075 STEPHEN PHILLIP JONES (ETAL) 4308 HAYDEN LN PASCO WA 99301-9089
118070076 KYLE J MANGERSON 4312 HAYDEN LN PASCO WA 99301·9089
118070077 CHRtSTOf'HER L CLINE 9907 CORONADO OR PASCOWA 99301·8002
118070094 JASON R & ROSALBA SABAL.SA LUNDBERG 5115 BILBAO OR PASCO WA 99301-8365
118070095 SHAFER MURRAY 4103 HAYDEN LN PASCO WA 99301 ·9087
118070096 JOSE(ETAL)LEPE 4015 HAYDEN LN PASCO WA 99301·9086
118070097 JESSICA S LIU 3939 SW BONO AVE PORTLAND OR 97239-4706
118070098 JARED RYAN BETK ER 4007 HAYDEN LN PASCO WA 99301·9086
118070099 PAULS LEPPER 4003 HAYDEN LN PASCO WA 99301 -9086
118070100 JORGE AL BE RTO MURIL LO (SR) 3915 HAYDEN LN PASCO WA 99301·9085
118070101 GERALD P MORAN 9908 WINTHROP OR PASCO WA 99301·6131
118170334 JOSEPH & KATRINA DITURI 4207 ROAD 108 PASCO WA 99301--6520
118170336 R06ERTO C & ELVA 8 MENDEZ 10715 OAK LN PASCO WA 99301--6744
118170337 NATHAN Z & JESSICA A GLESSNER 9005 FRANKLIN RO PASCOWA 99301-1638
118170338 NADEEN I IRVINE 10707 OAK LN PASCO WA 99301-6744
118170339 JERRY L & KAR EN J ALLEN 10703 OAK LN PASCO WA 99301--6744
118170340 BRIAN J & HEATHER BOCZKIEWIQ 10611 OAK LN PASCO WA 99301-6745
118170341 THOMAS J & KATHERINE L SICHLER 10607 OAK LANE PASCO WA 99301--0000
118170342 SHARON M RHODES 10603 OAK LN PASCO WA 99301-6745
118170343 PAUL F & CARMA J BARTSCH I 10511 OAK LN PASCOWA 99301-6753
118170345 SCOTT E KASKO 10716 OAK LN PASCO WA 99301-6744
118170346 JORY L & NICOLE L IVERSON 10708 OAK LN PASCO WA 99301-6744
118170347 TERRY & LUCY HOFFMAN 4016 ROAD 107 PASCO WA 99301--6747
118170348 MACARIO & LISA HERNANDEZ 4008 ROAD 107 PASCO WA 99301--6747
118170353 KEVIN E & CASSANDR A J LEHMAN 4015 ROAD 107 PASCO WA 99301--6747
118170354 RANDOLPH & BEATRICE C WHITING 4016 ROAD 106 PASCO WA 99301--6741
118170355 DARLA RHODES 4012 RO 106 PASCO WA 99301--6741
118170366 MICHAEL C & LAUREL PETTEY 4011 ROAD 107 PASCO WA 99301--6747
118170367 DEANNA COREY ARANDA 4015 ROAD 106 PASCO WA 99301--6741
118170368 JOHN & KRISTI GR IGG 4011 ROAD 106 PASCO WA 99301--6741
118170410 MICHAEL P & JENNI W FOXE 104190AK CT PASCO WA 99301·6809
118170411 ST EVE J & JE NNIFER A ERLENBUSH 10507 OAK LN PASCO WA 99301--6753
118170412 MICAH & ERIKA CRUGER 4016 ROAD 105 PASCO WA 99301'6810
118170413 JAMIE ALLEN & HOLLIE MARIE HARRIS 4012 ROAD 105 PASCO WA 99301'6810
118170429 JESSE & IRMA TREVINO 10416 W MAPLE OR PASCO WA 99301·6868
118170430 MICHAEL R & GERRI A GOOD 4103 ROAD 105 PASCO WA 99301'6852
118170431 SH ERRY (ET VIR) SIMPSON PAYNE 4015 ROAD 105 PASCO WA 99301-6810
118170432 JEFFREYT & KIMBERLY O MYERS 4108 ROAD 105 PASCO WA 99301-6852
118170433 TODD & JENNIFER R KNITTEL 4112 ROAD 105 PASCO WA 99301·6852
118170434 TIMOTHY W & ROSAL ARMSTRONG 4116 ROAD 105 PASCO WA 99301'6852
118170435 BRYCE R & KIMBERLY R GEIGER 4120 ROAD 105 PASCO WA 99301-6852
118170436 BRIAN L & ERICA M TUNGESVIK 4202 ROAD 105 PASCO WA 99301--6863
118170437 TRINIDAD PEREZ 4206 ROAD 105 PASCO WA 99301--6863
118170438 GARY l LEHRMAN 27255 PECKHAM RD WILDER ID 83676-5115
118170439 JEFFERY L & JOYCE BERNARD 4214 ROAD 105 PASCO WA 99301--6863
118170440 JEFFREY D GRIMES IETAL) 10415 PINE CT PASCO WA 99301<6$64
118170441 TIMOTHY & ARIEL BABCOCK 10411 PINE CT PASCO WA 99301-6864
118170442 CHESTER O& CAROLYN 8 TERREL 620TERRY ST SUNNYSIDE WA 98944-1943
118170443 KYLE & JULIE SCHMIOT 10404 PINE COURT PASCO WA 99301<6$64
118170444 MARCO A (ETUX) DE OCHOA 10408 PINE CT PASCO WA 99301·6864
118170445 MARILOU P SHEA 10412 PINE CT PASCO WA 99301<6$64
118170446 NATHAN J & PEAR L M REYES (SR) 10409 MAPLE OR PASCO WA 99301--6868
118170447 RESLEY O & GLENDA F GLENN 10405 W MAPLE OR PASCO WA 99301-6868
118170448 DARYL A BRUCE (ETAL) 10401 W MAPLE OR PASCO WA 99301-6868
118170449 DEREK H & MICHELLE L MAUGHAN 4102 ROAD 104 PASCO WA 99301-6867
118170450 BRADLEY J & TANYAJ LOGSTON 4106 ROAD 104 PASCO WA 99301--6867
118170451 JOHN R & ULYANN GWILUAM 4110 ROAD 104 PASCO WA 99301--6867
118211202 WENDY S THOMPSON 10305 W MAPLE OR PASCO WA 99301-6530
118211195 JUSTIN NOEL STONE 10217 W MAPLE DR PASCO WA 99301--6529
118211186 GREGORY & JEANETTE RUPPERT 10215 W MAPLE DR PASCO WA 99301--6529
118211177 DE & CAROL R SANDBERG 10209 W MAPLE DR PASCO WA 99301--6529
118211168 JUSTIN T & CAROL 8 GRIFFETH 10205 W MAPLE DR PASCO WA 99301-6529
118211159 LYNN &JOLENE LUNDRIGAN 10121 W MAPLE DR PASCO WA 99301--6528
118211140 STACIE M & DAVID CJR ANDERSON 10117 W MAPLE OR PASCO WA 99301--6528
118211131 DOUGLAS E BATEY 10115 W MAPLE OR PASCO WA 99301--6528
118211122 JEFFREY & SHEILA SCHROEDER FAMILY LLC 10109 MAPLE OR PASCO WA 99301-6528
118211113 JUSTINO & JAMIE L CAMPBELL 10011 MAPLE OR PASCO WA 99301-6527
118211104 RONALD E & SANORA WILSON (JR) 10005 W MAPLE OR PASCO WA 99301-6527
118170309 SERGEY & LILLY SAVCHUK 4508 CRESCENT RO PASCO WA 99301--6522
118170060 KENT & SHARON TOYODA 4420 CRESCENT RO PASCO WA 99301·6640
118170088 THOMAS ALBERT & NICOlE DAWN SMITH 4320 CRESCENT RD PASCO WA 99301--6521
118170097 TRINITY LUTHERAN CHURCH OF PASCO PO BOX 2960 PASCO WA 99302·2960
118170257 KELLY & JENNIFER SMITH 4410 CRESCENT RO PASCO WA 99301--6640
118170186 NOES & NORMA ANDREA MUNOZ 4200 ROAD 100 PASCO WA 99301--6537
118170177 JILDAROO & FABIOLA RAMIREZ 4116 ROAD 100 PASCO WA 99301--6536
118170316 BRUCE A & SHAWN L OEFFERDING 4500 CRESCENT RO PASCO WA 99301--6522
118170310 VIKTOR & ZOYA SAVCHUK 4512 CR ESECENT RD PASCO WA 99301--6522
118170308 NIKKI LYN & RYAN NICOLAS MORGAN 4516 CRESCENT RD PASCO WA 99301-6522
115350011 BROAOMOOR LLC 1807 KELLER PARKWAY STE 100 KELLER TX 76248-3881
115350010 GAGE PROPER TIES LLC #5 PRESIDIO TER SAN FRANCISCO CA 94118-1410
118170276 ROGER & KAY WALKER 6018 MAJESTIA LN PASCO WA 99301·5185
118010025 FARM 1986, INC 2921 N ROAD 64 PASCO WA 99301·1963
Page 205 of 240
1
Jeff Adams
From:Deana Chiodo <deanac@bfhd.wa.gov>
Sent:Wednesday, August 24, 2022 11:43 AM
To:Jeff Adams
Subject:Z2022-011 & 12
[NOTICE: This message originated outside of City of Pasco ‐‐ DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
Good afternoon,
Comments from BFHD: This proposal looks as though it would be pretty high in density of housing. We would want to
see the proposal for parks and sidewalks for safety concerns. Bus stops etc. Just things we like to bring to attention.
Please let me know if you have any questions or concerns, thank you.
Deana Chiodo
Environmental Health Specialist II
Benton‐Franklin Health District
7102 W. Okanogan Place,
Kennewick, WA 99336
p: 509.460.4316
c: 509.537.5731
www.bfhd.wa.gov Deanac@bfhd.wa.gov
Follow us on
IMPORTANT: Email coming & going from our agency is not protected, thus client information can not be shared in this
format. Please use voicemail or fax for client communication. The contents of this email and any attachments are
confidential. They are intended for the named recipient(s) only. If you have received this email in error, please notify the
system manager or the sender immediately and do not disclose the contents to anyone or make copies thereof.
Page 206 of 240
1
Jeff Adams
From:tim97206@juno.com
Sent:Sunday, August 28, 2022 3:15 PM
To:Jeff Adams
Subject:Magnolia heights
[NOTICE: This message originated outside of City of Pasco ‐‐ DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
Are there any green space, Parks planned for this development? There are 388 residences proposed to be built. I see no
parks proposed at all. Where do I send written comments to the community development department? I noticed that
email address was not not included in the notice.
You don't often get email from tim97206@juno.com. Learn why this is important
Page 207 of 240
1
Jeff Adams
From:Kent Toyoda <kgt1@charter.net>
Sent:Monday, August 29, 2022 12:46 PM
To:Jacob Gonzalez
Cc:Jeff Adams
Subject:RE: MF: Z2022-011 & 012
[NOTICE: This message originated outside of City of Pasco ‐‐ DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
Thank you very much for your reply Mr. Gonzalez. I appreciate it.
This helps clarify things.
Kent
From: Jacob Gonzalez <gonzalezjb@pasco‐wa.gov>
Sent: Monday, August 29, 2022 12:31 PM
To: Kent Toyoda <kgt1@charter.net>
Cc: Jeff Adams <ADAMSJ@pasco‐wa.gov>
Subject: RE: MF: Z2022‐011 & 012
Kent:
1. I didn’t realize, but can a non‐owner request a zoning change? According to Franklin County, Rocky Hills
Management LP owns the property but P&R Construction LLC has submitted the 2 rezone applications. I suppose
a developer may request for an owner with written agreement/authorization, but I am not clear on this.
P&R Construction has submitted two rezone applications on behalf of the owners, which are appropriately listed in
the applications submitted to the city. This is typical, as property owners frequently work with a developer or
separate entity to rezone their property.
2. If you can tell me, Is this property in process of being sold or already been sold but just hasn’t been updated in the
data base?
Per the Franklin County Assessor website, the site is currently owed by Rocky Hills Management LP. We do not have
any information that indicates otherwise as of today.
3. Is there an email to send written comments regarding the public notice to be included in the Hearing Examiner
Packet. The notice does not include one.
Yes, you can send emails to: planning@pasco‐wa.gov
Thank you, and please let us know if you have any questions.
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Page 208 of 240
2
Jacob B. Gonzalez | Planning Manager
Community & Economic Development
525 N. 3rd Avenue | Pasco, WA 99301
(509) 544‐4136|gonzalezjb@pasco‐wa.gov
This email and your response are considered a public record and will be subject to disclosure under Washington’s Public Records Act.
From: Kent Toyoda <kgt1@charter.net>
Sent: Wednesday, August 24, 2022 5:24 PM
To: Jacob Gonzalez <gonzalezjb@pasco‐wa.gov>
Cc: 'Kent Toyoda' <kgt1@charter.net>; Jeff Adams <ADAMSJ@pasco‐wa.gov>
Subject: MF: Z2022‐011 & 012
[NOTICE: This message originated outside of City of Pasco ‐‐ DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
Hello Mr. Gonzalez,
I sent the email below to Mr. Adams (he was the contact person listed on the publice notice), but got an out of office
reply which indicated that I should contact the Planning Department Staff. You seemed the logical choice since you are
the planning manager. Can you help me or direct me to the email of someone that could? I would appreciate it.
I received a public notice regarding the above referenced proposed rezoning and had a couple of initial questions.
1. I didn’t realize, but can a non‐owner request a zoning change? According to Franklin County, Rocky Hills
Management LP owns the property but P&R Construction LLC has submitted the 2 rezone applications. I
suppose a developer may request for an owner with written agreement/authorization, but I am not clear on
this.
2. If you can tell me, Is this property in process of being sold or already been sold but just hasn’t been updated in
the data base?
3. Is there an email to send written comments regarding the public notice to be included in the Hearing Examiner
Packet. The notice does not include one.
Thank you,
Kent
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Page 209 of 240
September 1, 2022
Community Development Department – City of Pasco
RE: Rezone applications
Magnolia Heights
Z 2022-011 & Z 2022-012
WE STRONGLY OPPOSE THE REZONE APPLICATIONS REFERENCED ABOVE!
There is no significant benefit to the surrounding property owners due to this development and it will
negatively impact our quality of life. As to this, we offer the following in opposition:
Why is there a current need for more Medium Density Residential Zoning in West Pasco? There is
already a huge development going in on the old Harris property and one North of I-182 off
Broadmoor/Road 100 as well as the Medium Density housing that was just developed east of Road 68
and off I-182. We know that you want Pasco to be the biggest and best of the Tri-Cities and surrounding
areas, but sometimes you need to first take a step back and envision what is best for those currently
living here to accomplish this and it does not seem to be additional housing in West Pasco.
As all residents know, there was little foresight that went into the development of the Road 68 area,
commercial and residential, to alleviate all the future traffic that would inevitably come with it. There
have been multiple corrections to Burden Blvd and Road 68 that caused higher traffic incidences due to
lack of planning and there are still major problems with the traffic flow in the Road 68 area. We are also
seeing a lack of foresight around Road 100 and an understanding of the effect on both the long-term
residents of the area and the lack of road improvements as it relates to traffic alleviation. Only recently
have there been meaningful and serious steps to try and fix the traffic issues on the entrance and exit
ramps off I-182 to Road 100/Broadmoor Blvd. Until those fixes are made and there is enough data
collected on how these improvements lessen the burden or improve the flow of traffic for all the
residential areas, including all areas surrounding Road 100/Broadmoor there is no reason to approve
this proposal to make this a residential area.
If developed, a better option is to retain the Office and Retail Business zoning designation to be able to
provide local, Pasco-based services to the individuals that already live here rather than add more
Residential Housing. This would preferably be more prime Professional office space to blend in with
what is already in the Road 100 area South of I-182. We continue to lag Richland and Kennewick in both
Office space and Retail business. With access improvements on Road 100, this is the perfect opportunity
for both Office and Retail business. We know you do the best that you can and there are limitations, but
for some reason, the City of Pasco appears to be short sighted in its planning and is always playing catch
up. Perfect examples are the Road 100 interchange and Road 100 itself as stated previously. Who
designed this, and why are there merge/acceleration lanes on Road 100 when there should have been
turn lanes installed instead?
In addition, the schools are bursting at their seams and overcrowded. How do you expect to manage this
situation, especially in these times of teacher shortages? Chiawana High School and McLoughlin Middle
Page 210 of 240
School continue to retain their place as the largest high school and middle school in the entire state of
Washington based on student population alone. Portables have been added to nearly every school
building in a feeble attempt to solve this issue, while class sizes remain too high for students to receive
any semblance of one-on-one education. Students continue to slip through the cracks, being passed
from grade to grade, regardless of their scores and abilities. Adding more homes, which would equate to
more families, would be both irresponsible and cause for concern. If anything, this land would better
serve the school district than residential if it does not remain Office and Retail Business.
We anticipate the north access of Crescent Road to be opened with this development. This will cause an
extreme increase in traffic through our quiet neighborhood, especially on Sundays and Wednesdays
which are the heavy days for the Church located at the intersection of Road 108 and Crescent Road.
Prior to this access point to Crescent Road being closed a few years back, the traffic was unnecessarily
heavy on it and drivers drove irresponsibly and dangerously just to get to and from Church and
commuting through the adjacent neighborhood, even though it was and still is a dirt road and not a
recognized thoroughfare. The only reason to use Crescent Road should have been for FCID access and
residents on the North end to access their homes. We can imagine how bad the traffic will be if this road
is open to residential traffic and paved.
Speaking of Crescent Road opening to the North, we would also anticipate the Mixed-Residential
development of parcel #118170276 (4600 block of Crescent Road) to start up again since the main
reason the project was originally paused was because these owners would have had to pay for the
street improvements on Crescent Road. If this current rezoning proposal and project is accepted and
allowed to move forward then this substantially lowers their overall cost as someone else will
presumably be paying for a good share, if not all the improvements, and they will likely be able to
proceed with their project due to the significant cost savings. Opening Crescent Road would greatly
benefit the owners and residents of this new development on parcel #118170276, but only provide
minimal benefit to the older and more established residents of the area as these additional housing
units would add significantly to the traffic and related congestion problems in our neighborhood.
Making things exponentially worse. Furthermore, should these owners be rewarded for being unable to
fully pay for the street improvements and now due to the cost savings be able to develop the above
parcel of land that they acquired clearly with the intention of developing and profiting from?
If a new residential area is put in, there will also be significantly more light pollution coming from this
area where back 5-10 years ago there was little to no light pollution, and we were able to enjoy full night
skies on a clear night. Currently we can still partially enjoy these star-filled nights but if this area is
developed for residential then there will be countless streetlights that will create more light pollution
that will take away this natural beauty and disrupt the life of the fauna that resides in this area as well.
Once again, we are OPPOSED to these proposed zoning changes to Magnolia Heights.
Should you have any questions or comments, please feel free to contact Kent Toyoda at 509-948-0469
or kgt1@charter.net
Kent Toyoda, et al
4420 Crescent Road
Pasco, WA 99301
Page 211 of 240
From:Brian Tungesvik
To:Jeff Adams
Subject:Objection to proposed land rezoning
Date:Tuesday, September 6, 2022 8:40:56 AM
Attachments:City of Pasco Rezoning Objection Letter.docx
You don't often get email from btungesvik@yahoo.com. Learn why this is important
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Good morning Mr. Adams,
Please see my attached letter. Thank you.
Brian Tungesvik
4202 Road 105
509-492-1838
Page 212 of 240
9/4/2022
To: City of Pasco Community Development Department
PO Box 293
525 N 3rd Ave
Pasco, WA 99301
Hello,
My name is Brian Tungesvik. My family and I live at 4202 Road 105. I am writing you today to voice my
objection to the current proposal to rezone the land in section 19, township 9 north, range 29 east in
the area west of Broadmoor Blvd and south of Chapel Hill Blvd. It is currently zoned as C-1 Retail
Business and “O” for office but proposed to rezone as R-3 medium density residential.
Currently our property, neighborhood and surrounding neighborhoods are zoned as RS-12. We enjoy
the benefits of larger sized lots and spaced-out homes. These lot sizes afford homeowners to take
advantage of off street parking which in turn allows for less vehicles lining the street. Less on street
parking allows for better sight alignment. This makes it easier for vehicles to see other vehicles and
pedestrians to better see vehicles when crossing the street.
The current proposal titled Magnolia Heights, submitted by Paul Lavrentiev on behalf of P & R
Construction seeks to add 389 lots over 64 acres of land. Only 48 out of the proposed 389 lots are over
10,000 square feet. The majority of these lots are proposed as either rambler or 2 story townhomes.
There is no proposed off street parking for any of these townhomes according to the map. As a result,
the vehicles belonging to the property occupants will be lining the streets in this new neighborhood and
potentially spilling into our existing neighborhood. This will make it more difficult for pedestrians to see
vehicles, vehicles to see pedestrians and for kids walking to and from the school bus. Additionally, many
neighborhoods in the City of Pasco have community parks or green spaces built within them. I do not
see that currently included with this development proposal.
Another concern I would like to express is vehicles entering and exiting onto Road 100. The proposed
two new intersections are staggered off existing streets. There are no additional traffic control devices
planned for Road 100, only stop signs for the side streets. The traffic on Road 100 has steadily increased
over the past 15 years my family has lived here. It is becoming increasingly harder to turn left onto Road
100 with the increased traffic volume from the residential growth in the area. With the pending
addition of Costco and all of the business that comes with a Costco, the traffic volume and congestion
will be increased exponentially. Road 100 south of Chapel Hill Blvd has little room for expansion and has
no room for expansion south of Maple Drive. Adding an additional 1,000 plus vehicles from this
Page 213 of 240
proposed new neighborhood to the equation will not help the growing traffic problem. As traffic
volume increases so will driver frustrations and lack of patience. This will lead to an increase in
aggressive driving, road rage and collisions.
Furthermore, many of my neighbors along with myself are concerned with the potential decrease in
property value our neighborhood will face from this proposed new development. These new lots are
not similar in size and the homes will not be similar in style or quality. Lesser expensive homes on
smaller lots are prime to become rental properties. Renters are not property owners and tend to care
less for the property. Properties that are not maintained or kept up will lower the overall neighborhood
property value. Lesser maintained properties also tend to attract more crime.
As a former law enforcement officer for almost 15 years, I have seen crime rise in neighborhoods that
become run down. Neighborhoods where lots are small and streets are lined with parked vehicles
attract more vehicle prowling as well as residential burglaries. As law enforcement nationwide struggles
to maintain their staffing levels, a ratio of less police to more citizens is not good.
I am not opposed to growth and believe that growth is good for the City of Pasco. However, I want to
see the city grow the right way. Several months ago, the common theme expressed by the residents
who attended the planning meeting regarding the expansion of Road 100 is that we do not want
another Road 68. Rezoning this land medium density residential and developing the land as proposed
will do just that.
In closing, I want to reiterate my objections and safety concerns to rezoning this land to R-3 medium
density residential. I would rather see it rezoned as low density R-12 residential like the surrounding
neighborhoods are currently zoned so that it does not create a negative impact as described above. If
this land cannot be rezoned as RS-12, then I would like to see it remain as it is currently zoned. I also
plan on attending the public hearing to voice my concerns. Thank you for your time and the opportunity
to express my family’s concerns.
Respectfully submitted by the Tungesvik Family
4202 Road 105 Pasco, WA 99301
509-492-1838
btungesvik@yahoo.com
Page 214 of 240
August 31, 2022
Community Development Department
City of Pasco
RE: Rezone applications
Z 2022-011 & Z 2022-012
WE STRONGLY OPPOSE THE REZONE APPLICATIONS REFERENCED ABOVE!
There is no significant benefit to the surrounding property owners due to this development and will
negatively impact our quality of life. As to this, we offer the following rebuttal to this proposed re-
zoning:
Why is there a current need for more Medium Density Residential Zoning? There is already a huge
development going in on the old Harris property and North of I-182 off Broadmoor/Road 100 in West
Pasco as well as the Medium Density housing that was just developed east of Road 68 and off I-182. We
know that you want Pasco to be the biggest and best of the Tri-Cities, but sometimes you need to take a
step back and envision what is best for those currently living here and it doesn’t seem to be additional
housing.
As all residents know, there was very little foresight that went into the development of the Road 68
area, commercial and residential, to alleviate all the future traffic that would inevitably come with it.
There have been multiple corrections to Burden Road and Road 68 that caused higher traffic incidences
due to lack of planning and there are still major problems with the traffic flow in the Road 68 area. We
are also seeing a lack of foresight around Road 100 and a lack of understanding of both the long-term
residents of the area and the lack of room for road improvement regarding traffic alleviation. To our
knowledge, there have only recently been meaningful meetings on how to fix the traffic issues on the
entrance and exit ramps off I-182 to Road 100/Broadmoor Blvd. Until those fixes are made and there is
enough data collected on how these improvements lessen the burden or improve the flow of traffic for
all the residential areas most recently built north of Road 100 there is no reason to approve this
proposal to make this a residential area.
A better option is to retain the Office and Retail Business zoning designation to be able to provide local,
Pasco-based services to the individuals that already live here rather than add more Residential Housing.
This would preferably be more prime Professional office space to blend in with what is already in the
Road 100 area South of I-182. We continue to lag Richland and Kennewick in both Office space and
Retail business. With access improvements on Road 100, this is the perfect opportunity for both Office
and Retail business. For some reason, the City of Pasco appears to be somewhat short sighted in its
planning and is always playing catch up. Perfect example is the Road 100 interchange and Road 100
itself as stated previously. Who designed this and why are there merge/acceleration lanes on Road 100
when there should have been turn lanes installed instead?
In addition, the schools are bursting at their seams and overcrowded. How do you expect to handle this
situation, especially in these times of teacher shortages? Chiawana High School and McLoughlin Middle
Page 215 of 240
School continue to retain their place as the largest high school and middle school in the entire state of
Washington based on student population alone. Portables have been added to nearly every school
building in a feeble attempt to solve this issue, while class sizes remain too high for students to receive
any semblance of one-on-one education. Students continue to slip through the cracks, being passed
from grade to grade, regardless of their scores and abilities. Adding more homes, which would equate to
more families, would be both irresponsible and foolish. If anything, this land would better serve the
school district than residential if it does not remain commercial.
We anticipate the north access of Crescent Road aka Crescent Drive to be opened with this
development. This will cause an extreme increase in traffic through our quiet neighborhood, especially
on Sundays and Wednesdays which are the heavy days for the Church located at the intersection of
Road 108 and Crescent Road. Prior to this access point to Crescent Road being closed a few years back,
the traffic was heavy on it and drivers drove irresponsibly and dangerously just to get to and from
Church and through the adjacent neighborhood, even though it was and still is a dirt road and not a
recognized thoroughfare. The only reason to use Crescent Road should have been for FCID access and
residents on the North end. We can imagine how bad the traffic will be if this road is open to residential
traffic and paved.
Speaking of Crescent Road opening up to the North, we would also anticipate the Mixed-Residential
development of parcel #118170276 (4600 block of Crescent Road) by the Walkers to start up again
since the main reason they paused their project originally was because they would have had to pay for
the street improvements on Crescent Road. If this proposal and project is accepted and moved forward
then this will lower the burden of cost as someone else (most likely the new developer) to pay for the
improvements, and they will likely be able to proceed with their project due to the significant savings.
This would only benefit these newer residents and not provide any significant benefit to the older and
more established residents of the area. Furthermore, should these people be rewarded for being unable
to fully pay for and develop the above parcel of land that they acquired? These additional housing units
would add significantly to the traffic and related congestion problems in our neighborhood. Making
things exponentially worse.
If a new residential area is put in, there will also be significantly more light pollution coming from this
area where back 5-10 years ago the was little to no light pollution and we were able to enjoy full night
skies on a clear night. Currently we can still partially enjoy these star-filled nights but if this area is
developed for residential then there will be countless streetlights that will create more light pollution
that will take away this natural beauty and disrupt the life of the fauna that resides in this area as well.
Currently as a homeowner who’s backyard and fence line are on Road 100, I enjoy breathtaking views
and sunsets during all times of the year with Badger Mountain and all other hills in the background.
With the installation of a residential area, I fear that this will take away the views that I currently enjoy.
OVERDEVELOPMENT IS NOT A SOLUTION TO ANY OF PASCO’S CURRENT ISSUES.
Once again, we are OPPOSED to this proposed zoning change.
Should you have any questions or comments, please feel free to contact Jason Toyoda at 509-948-9971
or jasontoyoda@gmail.com
Page 216 of 240
AGENDA REPORT
FOR: City Council October 12, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/17/22
FROM: Steve Worley, Director
Public Works
SUBJECT: *Resolution No.4264 - Setting Public Hearing for Right-of-Way Vacation
at Court & Road 68
I. REFERENCE(S):
Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: vacation initiating 4264, No. Resolution approve to move I
proceedings and setting 7:00 pm, Monday, November 21, 2022, as the time and
date to conduct a public hearing to consider the vacation of a portion of Right -
of-Way lying north of the centerline of W. Court St. and west of the centerline of
Road 68.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
During the design of the Court Street and Road 68 Intersection Improvement
project, it was determined that the City possessed additional Right -of-Way
(ROW) that will not be needed for the current or for future roadway widening
projects. Therefore, staff recommends vacating the unneeded additional ROW
and return it back to the adjacent property owner. A public utility easement still
needs to be retained in this area for current and future utilities related to this
project and future development within the area.
V. DISCUSSION:
Staff recommends Council initiate vacation proceedings and set a public hearing
date.
Page 217 of 240
Resolution – Setting PH for ROW Vacation at Court St & Rd 68 - 1
RESOLUTION NO. _______
A RESOLUTION SETTING 7:00 P.M., MONDAY, NOVEMBER 21,
2022, AS THE TIME AND DATE TO CONDUCT A PUBLIC HEARING TO
CONSIDER THE VACATION OF A PORTION OF RIGHT OF WAY LYING
NORTH OF THE CENTERLINE OF W COURT STREET AND WEST OF THE
CENTERLINE OF ROAD 68.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate streets and alley rights-of-way; and
WHEREAS, the City staff is requesting that the City Council initiate the vacation
procedures for portions of the centerline of West Court Street and west of the centerline of Road
68; and
WHEREAS, the vacation process by resolution provided in PMC 12.40, incorporating by
reference RCW 35.79, requires a legal description of the right of way to be vacated and notice to
the public of the date, time and place for the hearing together with a statement that if 50% or more
of the abutting property owners object, prior to the hearing date, that the City Council shall not
move forward with resolution to vacate the ROW; and
WHEREAS, PMC 12.40.040 requires public hearings on vacations to be fixed by
Resolution, and to provide notice for such hearing which shall occur no later than sixty (60) days
after, nor earlier than twenty (20) days after the passage of this Resolution setting public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. Initiation of Vacation by Council. The City Council of the City of Pasco hereby
initiates vacation procedures for a portion of Right-of-Way lying North of the Centerline of W
Court Street and West of the Centerline of Road 68 as described in Exhibit A and depicted in
Exhibit B.
Section 2. Notice of Hearing. That a public hearing to consider vacating the following as
described and depicted in the attached Exhibit A, will be held before City Council of the City of
Pasco in the Council Chambers at 525 North Third Avenue, Pasco, Washington at the hour of 7:00
p.m. on the 21st day of November, 2022.
Section 3. That the City Clerk of the City of Pasco give notice of said public hearing as
required by law.
Page 218 of 240
Resolution – Setting PH for ROW Vacation at Court St & Rd 68 - 2
PASSED by the City Council of the City of Pasco, Washington, this ______ day of
October, 2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 219 of 240
EXHIBIT A
DRAWN BY:
CHECKED BY:
SCALE:
PROJECT NO.:
DATE:
SHEET OF
ROP
ADM
N/A
71749.000
10/11/2022
12
Page 220 of 240
W. COURT ST. (CL)ROAD 68 (CL)28 27
2221
R/W VACATION
22
27EXHIBIT BScale 1" = 40'
0 20 40 80
CURVETABLEDRAWN BY:CHECKED BY:SCALE:PROJECT NO.:DATE:SHEETOFROPADM1" = 40'71749.00010/11/202222Permanent Utility Easement Vacation of Right of WayRight of Way being acquiredPage 221 of 240
AGENDA REPORT
FOR: City Council October 12, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/17/22
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: *Resolution No.4265 - Purchase and Sale Agreement for Improvements
on Real Property (Blasdel/PWRF)
I. REFERENCE(S):
Resolution
Purchase and Sale Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4265, authorizing the purchase of
personal property and leasehold interests on property located at 515 Blasdel
Road, Pasco, Washington.
III. FISCAL IMPACT:
Purchase Price $25,000 - Funded through the 194 Economic Development
Fund
IV. HISTORY AND FACTS BRIEF:
The improvements outlined for purchase within this attached Purchase and Sale
Agreement (PSA) are for a manufactured home (trailer) and a 40'x60' shop
currently placed on land owned by the City of Pasco (City).
In 1995, the City purchased the land for the Process Water Reuse Facility
(PWRF) for $1.9 million from the Blasdel family. At the time of purchase, the City
and Blasdel entered into a 5-year agreement for a PUD easement, and to
provide allowances for Blasdel to maintain residency on the property. Since the
expiration of the aforementioned agreement, Mr. Blasdel was allowed use of the
improvements and still paid taxes on them as well. He remaine d a resident and
used the shop for storage up until 2012.
Page 222 of 240
With recent efforts to expand usage and modernize the PWRF, staff approached
the Blasdel family about acquisition of both improvements. After discussion on
process, the purchase price of $25,000 was agreed to by both parties.
V. DISCUSSION:
Staff is recommending approval of the Resolution and the PSA.
Page 223 of 240
Resolution - Purchase Sale Agreement – Blasdel Personal Property & Leasehold Interests –
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE PURCHASE OF PERSONAL PROPERTY AND
LEASEHOLD INTERESTS ON PROPERTY LOCATED AT 515 BLASDEL
ROAD, PASCO, WASHINGTON
WHEREAS, owners of personal property and leasehold interests upon property located at
515 Blasdel Road, Pasco, WA, have authorized sale of said personal property and leasehold
interests for the amount of twenty-five thousand dollars ($25,000), and
WHEREAS, through discussion of mutual goals of the Pasco Public Works Department
for usage of this property in support of the Process Water Reuse Facility and the Seller, the parties
desire to enter this transaction, and
WHEREAS, the City has reviewed the Purchase and Sale Agreement and all associated
documents, and
WHEREAS ¸ the City has appropriated funding for purchase in the amount of the listing
price; and
WHEREAS, the City has negotiated and executed, through its City Mana ger, a fair and
reasonable Purchase and Sale Agreement with the owners of the personal property and leasehold
interests upon property located at 515 Blasdel Road, Pasco Washington
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the attached Purchase and Sale agreement is satisfactory to the goals and budget for
the City of Pasco and the purchase of the subject property and interests is advantageous to the City,
and
Be It Further Resolved that the City Council hereby ratifies the City Manager’s execution
of the Purchase and Sale agreement attached hereto as Exhibit A and authorizes the City Manager
to take all necessary steps to administer the agreement; and to make minor substantive changes as
necessary to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
Page 224 of 240
Resolution - Purchase Sale Agreement – Blasdel Personal Property & Leasehold Interests –
PASSED by the City Council of the City of Pasco, Washington this ___ day of _____,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 225 of 240
DocuSign Envelope ID: 9FA08656-A2E7-4771-B153-D0090BD9F156
9/29/2022
Page 226 of 240
DocuSign Envelope ID: 9FA08656-A2E7-4771-B153-D0090BD9F156
9/29/2022
Page 227 of 240
DocuSign Envelope ID: 9FA08656-A2E7-4771-B153-D0090BD9F156
9/29/2022
Page 228 of 240
DocuSign Envelope ID: 9FA08656-A2E7-4771-B153-D0090BD9F156
9/29/2022
Page 229 of 240
DocuSign Envelope ID: 9FA08656-A2E7-4771-B153-D0090BD9F156
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QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure including, but not limited to:
• Completion of Transportation System Master Plan and design standard updates to promote greater
neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.;
connectivity, walkability, aesthetics, sustainability, and community gathering spaces.
• Completion of the Parks, Recreation and Open Space Plan and development of an implementation
strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address
the needs of the growing population.
FINANCIAL SUSTAINABILITY
Enhance the long-term viability, value, and service levels of services and programs, including, but not
limited to:
• Adopting policies and strategic investment standards to assure consistency of long-range planning to include
update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new
development, e.g.; schools, traffic, parks, and fire.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly functional multi-modal transportation system including, but not limited to:
• Application of the adopted Transportation System Master Plan including development of policies, regulations,
programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal
systems, accessibility, efficiency, and safety.
COMMUNITY SAFETY
Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment
including, but not limited to:
• Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the
current Washington State Rating Bureau Class 3 community rating.
• Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging
existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator
programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service
levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance
with legislative mandates.
ECONOMIC VITALITY
Promote and encourage economic vitality including, but not limited to:
• Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes,
phased sign code update, and development regulations and standards.
• Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use
Plan such as Downtown and Broadmoor Master Plans.
• Development of an Economic Development Plan, including revitalization efforts.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion, and image including, but not limited to:
• Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities
to further inclusivity, community engagement, and inter-agency and constituent coordination efforts.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art
and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events
within the community.
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CALIDAD DE VIDA
Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones
apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a:
• Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas
a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones
comunitarias.
• Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de
implementación para mejorar tales servicios justamente a lo largo de la comunidad.
• Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las
necesidades del aumento en la población.
SOSTENIBIILIDAD FINANCIERA
Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no
limitado a:
• Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo
plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las
medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios.
RED DE TRANSPORTACION COMUNITARIA
Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a:
• Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas,
y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales,
accesibilidad, eficiencia, y seguridad.
SEGURIDAD COMUNITARIA
Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo
incluyendo, pero no limitado a:
• Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de
mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de
Washington.
• Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al
hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud
mental, el uso de programas para navegar los recursos, y otros esfuerzos.
• Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros
de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el
control de crímenes, y el cumplimiento con los mandatos legislativos.
VITALIDAD ECONOMICA
Promover y fomentar vitalidad económica incluyendo, pero no limitado a:
• Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los
códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los
estándares.
• Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a
los Planes del Centro y de Broadmoor.
• Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización.
IDENTIDAD COMUNITARIA
Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no
limitado a:
• Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras
oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de
coordinación de los constituyentes.
• Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de
programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro
de la comunidad.
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