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HomeMy WebLinkAbout2023.01.17 Council Meeting Packet AGENDA City Council Regular Meeting 7:00 PM - Tuesday, January 17, 2023 Pasco City Hall, 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 (415) 655-0060 and use access code 307-404-066. 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. 8 - 18 (a) Approval of Meeting Minutes for January 3rd and 9th To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on January 3, 2023 and January 9, 2023 respectively. 19 - 21 (b) Bills and Communications Page 1 of 175 To approve claims in the total amount of $10,466,439.66 ($8,555,945.33 in Check Nos. 253145-253392; $822,073.32 in Electronic Transfer Nos. 838898-838902, 839004; $19,560.53 in Check Nos. 54227-54239; $1,068,860.48 in Electronic Transfer Nos. 30184678-30185253). To approve bad debt write-off for accounts receivable including Utility Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total amount of $202,319.45 and, of that amount, authorize $0.00 to be turned over for collection. 22 - 29 (c) *Resolution No. 4298 - Setting a Public Hearing Date for Mendoza ROW Vacation (VAC 2022-007) To approve Resolution No. 4298, setting 7:00 P.M., Monday, February 6, 2023 as the time and date to conduct a public hearing to consider vacating right-of-way for a portion of South 5th Avenue. 30 - 38 (d) *Resolution No. 4299 - Setting a Public Hearing for Jubilee Foundation Right-of-Way Vacation (VAC 2022-009) To approve Resolution No. 4299, setting 7:00 PM, Monday, February 6, 2023, as the time and date for a Public Hearing to consider the vacation of rights-of-way in Washington Addition to Pasco in the vicinity of East A Street and East Helena Street in Pasco, WA. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 39 - 40 (a) Proclaiming Community Risk Reduction Week Mayor Barajas will present the proclamation to Ben Shearer, Community Risk Reduction Coordinator and Firefighter with the Pasco Fire Department. 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 acces s to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited 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 Page 2 of 175 (a) Verbal Reports from Councilmembers 41 - 44 (b) Benton Franklin Behavioral Health Advisory Committee Update 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 45 - 77 (a) *Q Ordinance No. 4633 - Approval of Montez Rezone from R-2 to R-4 (Z 2022-017) MOTION: I move to adopt Ordinance No. 4633, approving a rezone at 131 South Cedar Avenue from R-2 (Medium Density Residential) to R- 4 (High Density Residential) and, further, authorize publication by summary only. 78 - 122 (b) *Q Ordinance No. 4634 - Approval of ICCU Rezone from RT to C-1 (Z 2022-018) MOTION: I move to adopt Ordinance No. 4634, approving a rezone from RT (Residential Transition) to C-1 (Retail Business District) and, further, authorize publication by summary only. 123 - 131 (c) *Resolution No. 4300 & Ordinance No. 4635 - Change Order No. 11 for the West Pasco Water Treatment Plant and Budget Amendment MOTION: I move to approve Resolution No. 4300, authorizing the Interim City Manager to execute Change Order No. 11 to the construction contract with Apollo, Inc. for the West Pasco Water Treatment Improvements, Phase 1 Project. MOTION: I move to adopt Ordinance No. 4635, amending the 2023 - 2024 Capital Projects Biennial Budget (Ordinance No. 4620) by providing supplement thereto; to provide additional appropriation in the City's Water Fund for the West Pasco Water Treatment Plant Phase 1 Project and, future, authorize publication by summary only. 132 - 145 (d) *Resolution No. 4301 & Ordinance No.4636 - Amendment No. 1 to the Pre-construction Funding Agreement with the Department of Ecology for the Wastewater Treatment Plant Improvements Phase 1 & 2 and Budget Adjustment MOTION: I move to approve Resolution No. 4301, authorizing the Interim City Manager to execute Amendment No. 1 to the Water Quality Combined Financial Assistance Agreement with the Department of Ecology for the Wastewater Treatment Plant Phases 1 & 2 Projects. Page 3 of 175 MOTION: I move to adopt Ordinance No. 4636, amending the 2023 - 2024 Biennial Capital Projects Budget (Ordinance No. 4620) of the City of Pasco, Washington, by providing supplement thereto; to provide additional appropriation in the City’s Sewer fund for the Wastewater Treatment Plant Phases 1 & 2 Projects and, further, authorize publication by summary only. 146 - 154 (e) *Resolution No. 4302 - Washington State Department of Fish & Wildlife Mitigation Agreement for the PWRF Pretreatment Improvements Phase 2 Project MOTION: I move to approve Resolution No. 4302, authorizing the Interim City Manager to enter into an Agreement for the Shrubsteppe Impact Mitigation for the Pasco Wastewater Reuse Facility expansion with Franklin County and the Washington Department of Fish and Wildlife. 10. UNFINISHED BUSINESS 155 - 173 (a) Resolution No. 4303 - Considerations for Retail Sales of Cannabis MOTION A: I move to approve Resolution No. 4303, directing the City staff to draft an ordinance to amend PMC 25.10.020 and PMC 25.90, PMC 25.100, PMC 25.115, PMC 25.120, and PMC 25.125 to allow the retail sale of cannabis in the C-2; C-3; I-1; I-2 and I-3 Zoning Districts. or MOTION B: I move to approve Resolution No. 4303, directing the City staff to draft an ordinance to amend PMC 25.10.020 and PMC 25.115, PMC 25.120, AND PMC 25.125 to allow the retail sale of cannabis by process of a conditional use permit in the I-1; I-2 and I-3 Zoning Districts. or MOTION C: I move to approve Resolution No. 4303, directing the City staff to draft an ordinance to amend PMC 25.10.020 and PMC 25.115, PMC 25.120, and PMC 25.125 to allow the retail sale of cannabis as a permitted use in the I-1; I-2 and I-3 Zoning Districts. or MOTION D: I move to approve Resolution No. 4303, directing the City staff to draft an ordinance to amend PMC 25.10.020 and PMC 25.90, PMC 25.100, PMC 25.115, PMC 25.120, and PMC 25.125 to allow the retail sale of cannabis as a conditional use in the C-2; C-3; I-1; I-2 and I-3 Zoning Districts. Page 4 of 175 or MOTION E: I move to approve Resolution No. 4303, directing the City staff to draft an ordinance to amend PMC 25.10.020 and PMC 25.90 and PMC 25.100 to allow the retail sale of cannabis as a permitted use in the C-2 and C-3 Zoning Districts. or MOTION F: I move to approve Resolution No. 4303, directing the City staff to draft an ordinance to amend PMC 25.10.020 and PMC 25.90 and PMC 25.100 to allow the retail sale of cannabis as a conditional use in the C-2 and C-3 Zoning Districts. or MOTION G: I move to approve Resolution No. 4303, directing the City staff to draft an ordinance to amend PMC 25.10.020 and PMC 25.__, PMC 25.__, PMC 25__, PMC 25.__, PMC 25.__, PMC 25.__ to allow the retail sale of cannabis as a conditional use in the _____________ Zoning Districts. 11. NEW BUSINESS 12. MISCELLANEOUS DISCUSSION 13. EXECUTIVE SESSION (a) 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); Consideration of the Minimum Offering Price for Sale or Lease of Real Estate if There’s a Likelihood that Disclosure Would Decrease the Price per RCW 42.30.110(1)(c); Discussion of Complaints or Charges Brought Against a Public Officer or Employee per RCW 42.30.110(1)(f); and 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 Q Quasi-Judicial Matter MF# “Master File #....” Page 5 of 175 174 - 175 (b) Adopted 2020-2021 Council Goals (Reference Only) (c) REMINDERS • Tuesday, January 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.) • Tuesday, January 17, 4:00 PM: Pasco Public Facilities District Board Meeting – Council Chambers, Pasco City Hall (MAYOR PRO TEM CRAIG MALONEY, Rep.; COUNCILMEMBER DAVID MILNE, Alt.) • Thursday, January 19, 12:30 PM: Greater Columbia Accountable Community of Health – Virtual Meeting (COUNCILMEMBER ROACH, Rep; MAYOR BARAJAS, Alt.) • Thursday, January 19, 12:30 PM: Greater Columbia Accountable Community of Health – Virtual Meeting (COUNCILMEMBER ROACH, Rep; MAYOR BARAJAS, Alt.) • Thursday, January 19, 3:30 PM: Franklin County Emergency Management Council Meeting – EMS Office, 1011 E. Ainsworth (MAYOR BLANCH BARAJAS, Rep.; COUNCILMEMBER DAVID MILNE, Alt.) • Thursday, January 19, 4:00 PM: Downtown Pasco Development Authority – DPDA (COUNCILMEMBER IRVING BROWN, Rep.; MAYOR PRO TEM CRAIG MALONEY Alt.) • Thursday, January 19, 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 MALONEY, Alt.) • Friday, January 20, 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, January 23, 4:00 PM: Hanford Area Economic Investment Fund Advisory Committee Meeting – Ben Franklin Transit Main Conference Room (COUNCILMEMBER PETE SERRANO, Rep.) 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 Page 6 of 175 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 7 of 175 AGENDA REPORT FOR: City Council January 10, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 1/17/23 FROM: Debra Barham, City Clerk Executive SUBJECT: Approval of Meeting Minutes for January 3rd and 9th I. REFERENCE(S): 01.03.2023 & 01.09.2023 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on January 3, 2023 and January 9, 2023 respectively. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 8 of 175 MINUTES City Council Regular Meeting 7:00 PM - Tuesday, January 3, 2023 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: Adam Lincoln, Interim City Manager; Angela Pashon, Interim Assistant City Manager; Darcy Buckley, Finance Director; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Rick White, Community & Economic Development 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 December 5, 2022 To approve the minutes of the Pasco City Council Regular Meeting held on December 5, 2022. Bills and Communications - To approve claims in the total amount of $14,622,451.49 and approve bad debt write-off in the total amount of $358,544.08, and, of that amount, authorize $177,977.27 to be turned over for collection To approve claims in the total amount of $14,622,451.49 ($9,830,286.74 in Check Nos. 252563-253144; $2,183,111.05 in Electronic Transfer Nos. 838423-838436, 838440-838445, 838483-838570, 838572-838573, 838575-838780, 838782- Page 1 of 7Page 9 of 175 838810, 838825, 838827; $28,570.98 in Check Nos. 54205-54226; $2,579,734.42 in Electronic Transfer Nos. 30183519-30184677; $177.12 in Electronic Transfer No. 900; $571.18 in Electronic Transfer Nos. 182-184). To approve bad debt write-off for accounts receivable including Utility Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total amount of $358,544.08 and, of that amount, authorize $177,977.27 to be turned over for collection. Downtown Pasco Development Authority Board Appointments of Susanne Ayala, Edison Valerio and Claudia Tapia To confirm the Mayor's appointments to the Downtown Pasco Development Authority Board of Susanne Ayala to Position No. 3, with a term effective Jan uary 3, 2023 to December 20, 2024; Edison Valerio to Position No. 5, with a term effective January 3, 2023 to December 20, 2026; and the reappointment of Claudia Tapia to Position No. 6, with a term ending December 20, 2026. Parks & Recreation Advisory Board Appointments of Steven Gruenberg, Alex Thornton, John Morgan, Mark Middleton, and Kate Bonderman To confirm the Mayor's appointments to the Parks & Recreation Advisory Board of Steven Gruenberg to Position No. 2, with a term from January 3, 2023 to February 2, 2026; Alex Thornton to Position No. 3, with a term from January 3, 2023 to February 2, 2024; John Morgan to Position No. 4, with a term from January 3, 2023 to February 2, 2025; Mark Middleton to Position No. 6, with a term from January 3, 2023 to February 2, 2025 and the reappointment of Kate Bonderman to Position No. 7, with a term ending February 2, 2025. Planning Commission Appointment of Dana Crutchfield To confirm the Mayor's appointment of Dana Crutchfield to Position No. 6 on the Planning Commission with the term expiring on February 2, 2025. MOTION: Councilmember Roach 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 VISITORS - OTHER THAN AGENDA ITEMS Mark McKee, CleanSweep Tri-Cities Community Service, commented on their work with the homelessness within Pasco and asked for help to assist the homeless. Page 2 of 7Page 10 of 175 Darryl Coleman, CleanSweep Tri-Cities Community Service, also commented on the homelessness within Pasco and asked for help to assist the homeless. Trena McDowell, Pasco resident, also commented on the homelessness within Pasco; she specifically addressed those individuals with mental and substance abuse issues and asked for help to establish a sleep center similar to what has been implemented in Moses Lake. Ms. McDowell provided a copy of the City of Moses Lake Community Development Department Homeless Services Division packet to City Clerk Barham. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Ms. Roach commented on the Visit Tri-Cities board meeting she recently attended. Mr. Campos and Mayor Barajas expressed appreciation on quality of candidates that recently filled City Boards and Commissions, and encouraged citizens to apply as vacancies on the boards and commissions as they arise. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Resolution No. 4292 - Approve the Downtown Pasco Master Plan Mr. White provided a brief report on the updates to the Downtown Pasco Master Plan. He also noted that Jeff Arango, with Framework Consulting was available to answer any questions regarding the master plan. Mr. Serrano and Mayor Pro Tem Maloney had a few questions regarding the proposed master plan and both Mr. Arango and Mr. White were able to answer the Councilmembers. MOTION: Councilmember Roach moved, seconded by Councilmember Milne to approve Resolution No. 4292, approving the Downtown Pasco Master Plan and adopting it as part of the City's Comprehensive Plan by reference. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Resolution No. 4293 - Bid Award for Tri Cities Animal Control Facility Construction Project Mr. Ratkai provided a brief overview of the project and the bid award process. Mayor Pro Tem Maloney asked if all the costs would be shared equally among the three Cities or just the costs associated with the new facility itself. Mr. Ratkai Page 3 of 7Page 11 of 175 confirmed that only the new facility costs would be shared equally among the Cities and other costs were specific to the City of Pasco only. The low bid amount was briefly discussed. MOTION: Councilmember Roach moved, seconded by Councilmember Brown to approve Resolution No.4293, awarding Bid No. 17999B for the Tri Cities Animal Control Facility project to G2 Commercial Construction, Inc. of Kennewick, Washington, and further, authorize the City Manager to execute the contract documents, allowing for all necessary budget adjustments. RESULT: Motion carried unanimously 7-0 AYES: Councilmember Roach, Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Serrano Resolution No. 4294 - Personal Services Agreement for City Facilities Janitorial Services Mr. Ratkai provided a brief overview the City's janitorial services needs and the proposed agreement with American Building Maintenance (ABM). Ms. Roach asked about the ten (10) additional facilities that were added since the original contract was approved in 2008 and how the contact and budget were amended to include the new sites. Mr. Ratkai stated that he did not have that specific information in front of him and he would provide the response to Council. MOTION: Councilmember Roach moved, seconded by Councilmember Serrano to approve Resolution No. 4294, approving a Personal Services Agreement with American Building Maintenance (ABM), of Washington State, for City of Pasco facilities' janitorial services and further, authorize the City Manager to execute the agreement. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Resolution No. 4295 - Amendment No. 1 to the Irrigation Well Capacity Upgrades Professional Services Agreement with GSI Public Works Director Worley provided a brief overview the amendment to the project. MOTION: Councilmember Roach moved, seconded by Councilmember Campos to approve Resolution No. 4295, authorizing the City Manager to execute Page 4 of 7Page 12 of 175 Amendment No. 1 to the Professional Services Agreement (PSA) with GSI Water Solutions, Inc. for the Irrigation Well Capacity Upgrades project. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Resolution No. 4296 - Amendment No. 4 to RH2 Professional Services Agreement for the Phase 2 Process Water Reuse Facility Project Mr. Worley and Deputy Public Works Director Serra provided a brief explanation for the needed amendment to the project. MOTION: Councilmember Roach moved, seconded by Councilmember Serrano to approve Resolution No. 4296, authorizing the Interim City Manager to execute Amendment No. 4 for the Professional Services Agreement (PSA) with RH2 Engineering, Inc. for the Process Water Reuse Facility (PWRF) Pretreatment Improvements Phase 2: Winter Storage Capacity. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Resolution No. 4297 - Bid Award East UGA Expansion Sewer Local Improvement District No. 152 Phase 3 Deputy Public Works Director Serra provided a brief overview the project and bid awardee. MOTION: Councilmember Roach moved, seconded by Councilmember Milne to approve Resolution No. 4297, Awarding Bid No. 21295-C for the East Urban Growth area (UGA) Expansion Sewer Local Improvement District (LID) No. 152 Phase 3 project to DW Excavating, Inc. of Davenport, WA, and further, authorize the City Manager to execute the contract documents and allowing all necessary budget adjustments. 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 5 of 7Page 13 of 175 UNFINISHED BUSINESS Resolution No. 4289 - Acceptance of Work of Peanuts Park Project Mr. Ratkai provided a brief update to the questions Council had posed during their last meeting regarding the acceptance of work for the Peanuts Park project. MOTION: Councilmember Roach moved, seconded by Councilmember Campos to approve Resolution No. 4289, accepting work performed by Booth & Sons Construction Inc., under contract for the Peanuts Park Project. 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. Campos announced that it was the one-year anniversary of his appointment to City Council. Mr. Lincoln announced the Council mini-retreat was scheduled for February 10, 2023. He also announced the Association of Washington Cities (AWC) Action Days is scheduled for February 15 and 16, 2022. Lastly, he stated that t he consultant for the Downtown Pasco Development Authority has started and is currently scheduling meetings with staff. Mayor Barajas commented on the recent City of Pasco's Police and Fire Departments basketball game supporting the Domestic Violence Se rvices of Benton & Franklin Counties fundraising event. EXECUTIVE SESSION Council adjourned into Executive Session at 8:00 PM for 30 minutes to discuss the qualifications of an applicant for public employment per RCW 42.30.110(1)(g) and to discus with legal counsel about legal risks of current or proposed action per RCW 42.30.110(1)(iii) with the Interim City Manager and the City Attorney. At 8:30 PM Mayor Barajas announced that the Executive Session would continue for another ten (10) minutes. At 8:40 PM Mayor Barajas announced that the Executive Session would continue for another ten (10) minutes. Mayor Barajas called the meeting back to order at 8:51 PM. Page 6 of 7Page 14 of 175 ADJOURNMENT There being no further business, the meeting was adjourned at 8:51 PM. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 7 of 7Page 15 of 175 MINUTES City Council Workshop Meeting 7:00 PM - Monday, January 9, 2023 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: Adam Lincoln, Interim City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. VERBAL REPORTS FROM COUNCILMEMBERS Mayor Pro Tem Maloney commented on the a meeting regarding Street Connectivity that he and Councilmember Brown attended earlier in the evening. Mr. Milne reported on the the Parks and Recreation Advisory Board he attended recently. ITEMS FOR DISCUSSION Cannabis - Considerations for Retail Sales Mr. White provided a brief outline of the considerations for Council to discuss and provide direction to staff for the proposed retail sales of cannabis within the City of Pasco. Page 1 of 3Page 16 of 175 Council and staff discussion ensued and at it's conclusion, Council requested that staff prepare draft resolutions confirming Council's considerations for allowing the retail sales of cannabis within the City of Pasco. The considerations included: • Concern of increase in robberies due to this cash only product. • Concern of increase of youth use of cannabis. • Councilmembers Serrano and Milne expressed opposition to allowing the sale of cannabis within the City of Pasco. • Limit the sale of retail cannabis to C-2, C-3, I-1, I-2 and I-3 zones or less. • If Cannabis is sold in C-2 zone, then reduce the buffers from 1000 feet to 100 feet for parks without playgrounds. • Possible Conditional Use Permit for the sale of retail cannabis in the C -2 Zone area. • Only allow the sale of retail cannabis and not allow medical cooperative gardens (formally known as medical collective gardens) at this time as Council expressed the need to learn more about cooperative gardens. • Limit the number of retail stores to 1 or 2 stores at this time. Mr. Ferguson stated that after the resolution outlining Council's consideration for allowing the retail sales of cannabis is approved, then staff will need to draft ordinances to update the Pasco Municipal Code. He stated that draft resolutions for Council consideration and final action will return at the next Council meeting. Recommendations from Arts & Culture Commission for Mural Code Revisions Ms. Pashon provided a brief report on the Pasco Arts & Culture Commission (PACC) recommendations related to murals within the downtown area. She also introduced PACC member Saul Martinez who was available to answer questions from Council if needed. Mr. Martinez expressed appreciation for participating on the PACC, as well as the development of art within Pasco. Council discussion ensued and they provided their feed back to the recommendations. Ms. Pashon stated that an ordinance will be drafted to update the Pasco Municipal Code and staff will provide it to Council at a future meeting. Presentation: Snow and Ice Removal Plan Mr. Worley introduced Tom Holmes, Streets Public Works Division Manager, who presented the Snow and Ice Removal Plan for the City. Council expressed appreciation to staff for their efforts in implementing the Snow and Ice Removal Plan. Page 2 of 3Page 17 of 175 MISCELLANEOUS COUNCIL DISCUSSION Mr. Lincoln announced that January 9th was National Law Enforcement Appreciation Day. He also reminded Council of the Annual Employee Appreciation Banquet scheduled for January 20, 2023. Lastly, he commented on the recent swearing in of Washington State Senator Torres and Representative Barnard. ADJOURNMENT There being no further business, the meeting was adjourned at 8:39 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 3 of 3Page 18 of 175 AGENDA REPORT FOR: City Council January 12, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 1/17/23 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 01.17.23 Bad Debt Write-off/Collection for December 2022 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $10,466,439.66 ($8,555,945.33 in Check Nos. 253145-253392; $822,073.32 in Electronic Transfer Nos. 838898- 838902, 839004; $19,560.53 in Check Nos. 54227-54239; $1,068,860.48 in Electronic Transfer Nos. 30184678-30185253). To approve bad debt write-off for accounts receivable including Utility Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total amount of $202,319.45 and, of that amount, authorize $0.00 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 19 of 175 REPORTING PERIOD: January 17, 2023 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 253145-253392 54227-54239 Total Check Amount $8,555,945.33 $19,560.53 Total Checks 8,575,505.86$ Electronic Transfer Numbers 838898-838902 30184678-30185253 839004 Total EFT Amount $822,073.32 $1,068,860.48 $0.00 Total EFTs 1,890,933.80$ Grand Total 10,466,439.66$ Councilmember 2,301,537.80 88,902.02 66,391.86 7,005.07 331,527.76 36.30 19,808.32 16,745.56 6,058.28 2,066.14 666.89 99,139.20 14,776.96 14,019.98 3.36 HOTEL/MOTEL EXCISE TAX 12,872.99 1,306,336.33 3,866,400.08 95,060.43 11,287.87 271,520.00 147,750.45 1,786,526.01 GRAND TOTAL ALL FUNDS:10,466,439.66$ The City Council December 29, 2022 - January 11, 2023 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. Adam Lincoln, Interim City Manager Griselda Garcia, 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 January, 2023 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 REVOLVING ABATEMENT 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 Page 20 of 175 BAD DEBT WRITE-OFF/COLLECTION December 1 - December 31, 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. 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. 4. 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. 5. 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. 6. 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 $ .00 .00 .00 Ambulance $ 202,319.45 .00 202,319.45 Code Enforcement $ .00 .00 .00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 .00 .00 TOTAL: $ 202,319.45 .00 202,319.45 Page 21 of 175 AGENDA REPORT FOR: City Council January 13, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 1/17/23 FROM: Rick White, Director Community & Economic Development SUBJECT: *Resolution No. 4298 - Setting a Public Hearing Date for Mendoza ROW Vacation (VAC 2022-007) I. REFERENCE(S): Proposed Resolution Overview Map Vicinity Map Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4298, setting 7:00 P.M., Monday, February 6, 2023 as the time and date to conduct a public hearing to consider vacating right-of-way for a portion of South 5th Avenue. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The applicants initiated the vacation of the portion of right-of-way in front of their property and the vacation of the portion of right -of-way in front of the adjoining neighbor's property. Excess right of way for the majority of this portion of South 5th Avenue was vacated many years ago and the applicant is seeking the vacation to be equal to the dimensions of the right of way on adjacent properties. V. DISCUSSION: Per the Pasco Municipal Code (PMC) Chapter 12.40, the Council may require compensation for vacated rights-of-way. The compensation involves obtaining a Page 22 of 175 title report and appraisal of value. However, the compensation and the requirements attached thereto may be waived if one or more of the following conditions apply: 1. The vacation is initiated by the City Council by Resolution; 2. The vacation is at the request of the City; 3. The right-of-way to be vacated was previously determined by the City Council not to be essential to public traffic circulation and available for vacation; 4. The grant of substitute right-of-way which has a value as a right-of-way at least equal to that right-of-way to be vacated; and 5. The resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated. In the current situation, the vacation appears to meet the above criteria. Staff recommends Council adoption of the Resolution setting the public hearing date. Page 23 of 175 Resolution - Setting PH for VAC 2022-007 – 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, SETTING 7:00 P.M., MONDAY, FEBRUARY 6, 2023, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF SOUTH FIFTH AVENUE IN PASCO, WA. 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, a petition for vacation of a portion of South Fifth Avenue right-of-way located at the of northeast corner of South Fifth Avenue and West C Street by owners of more than two-thirds abutting the part of the right-of-way to be vacated, has been submitted to the City; and WHEREAS, the vacation process, by petition application, provided in the Pasco Municipal Code (PMC) Chapter 12.40 requires a survey, title report, an appraisal of value, and compensation unless waived by City Council; and WHEREAS, pursuant to PMC Section 12.40.120(2), compensation for vacated rights-of- way, an appraisal and title report may be waived if one or more of the following are applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the City; the right- of-way to be vacated was previously determined by Council not to be essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right- of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring vacation outweighs the appraised value of the right-of-way to be vacated; and WHEREAS, the City staff is requesting that Council make a determination concerning whether to waive the requirements of a title report, appraisal of value, and compensation pursuant to PMC 12.40.120(2) after holding a public hearing; and WHEREAS, PMC Section 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 a public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. Notice of Hearing. That a public hearing to consider vacating the following as described below and depicted in the attached Exhibit A, will be held before City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington at the hour of 7:00 p.m., on the 6th day of February 2023: THE EASTERLY 10 FEET OF SOUTH 5TH AVENUE ADJACENT LOTS 9-11, BLOCK 8, GANTENBEIN’S ADDITION TO PASCO Page 24 of 175 Resolution - Setting PH for VAC 2022-007 – 2 HAVING AN AREA OF 1,600 SQUARE FEET (.04 ACRES), MORE OR LESS. Section 2. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Section 3. That the City Council will further decide whether to waive the requirements for an appraisal, title report and compensation at the February 6, 2023, public hearing. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of __________ 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 25 of 175 Item:H&REliteTruckingAcademyinanI-1ZoneApp1icant(s):JuanRojasFile#:SP2022-015vOverviewFt4M_9€37:Page 26 of 175 Item:H&REliteTruckingAcademyinanI-1ZoneVlclnltyApp1icant(s):JuanRojasMapFile#:SP2022-015Page 27 of 175 1 c· >1ii 'r-1 Jty o Community & Economic Development Department 11 .�asco PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO STREET/ALLEY VACATION PETITION Fee:$300 Master File# VA( l.�';}.1 -6D ;,-Date Submitted: l 0/ \ )../�Q. We the undersigned, owners of two-thirds of the privately-owned abutting property, hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: Wes\ LO fuA-(,l�(A{m� \o �/1n¼fn bu in '5 o..JJ;�on g/cx.k;..9> Lo:\:<; tJe,nd Jo Name: Address: Applicant/ Phone: Ownerl Email: Signature: .. ..Name: Address: Owner2 Phone: Email: Signature: (Please see reverse side) Updated April 2019 Page 28 of 175 Name: Address: Owner3 Phone: Email: Signature: Survey Title Report (if not waived) Fee of $300 Page 29 of 175 AGENDA REPORT FOR: City Council January 10, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 1/17/23 FROM: Rick White, Director Community & Economic Development SUBJECT: *Resolution No. 4299 - Setting a Public Hearing for Jubilee Foundation Right-of-Way Vacation (VAC 2022-009) I. REFERENCE(S): Proposed Resolution Overview Map Vicinity Map Plat Map Site Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4299, setting 7:00 PM, Monday, February 6, 2023, as the time and date for a Public Hearing to consider the vacation of rights-of-way in Washington Addition to Pasco in the vicinity of East A Street and East Helena Street in Pasco, WA. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: The applicant has submitted an application to vacate streets and alleys adjacent and within Blocks 5, 11, and 12 of the 1913 Washington Addition to Pasco plat. The plat contains 25'-wide lots and 80'-wide street rights-of-way, as well as 14' wide north-south alleys and 20' wide east west alleys. The proposed vacation comprises approximately 3.87 acres. Applicant's objective is to reconfigure the rights -of-way to accommodate a subdivision and multi-family units along East Helena and East "A" Street to match similar existing developments to the east. Page 30 of 175 V. DISCUSSION: Per the Pasco Municipal Code (PMC) Chapter 12.40, the Council may require compensation for vacated rights-of-way. The compensation involves obtaining a title report and appraisal of value. However, the compensation and the requirements attached thereto may be waived if one or more of the following conditions apply: 1. The vacation is initiated by the City Council by Resolution; 2. The vacation is at the request of the City; 3. The right-of-way to be vacated was previously determined by the City Council not to be essential to public traffic circulation and available for vacation; 4. The grant of substitute right-of-way which has a value as a right-of-way at least equal to that right-of-way to be vacated; and 5. The resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated. Staff also brings to Council attention the following: • Per PMC 21.15.010(1) "Streets shall normally continue as an extension of existing streets unless good planning dictates a different solution. Street patterns shall take into consideration access needed to develop adjacent properties." The current proposal does not continue an existing street nor take into consideration access needed to develop adjacent properties. • Per PMC 21.15.070 "Cul-de-sacs will be permitted where topography or other conditions justify their use." The topography of the site, slightly sloping southward, does not justify a cul-de-sac. These issues will be further analyzed between now and the public hearing and will be presented Council in the agenda report for the February 6, 2023, Public Hearing. Page 31 of 175 Resolution - Setting PH for VAC 2022-009 – 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, SETTING 7:00 P.M., MONDAY, FEBRUARY 6, 2023, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATI ON OF RIGHT-OF-WAY IN WASHINGTON ADDITION TO PASCO IN THE VICINITY OF EAST A STREET AND EAST HELENA STREET IN PASCO, WA. 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, a petition for vacation of right-of-way in Washington Addition to Pasco in the vicinity of East A Street and East Helena Street by owners of more than two-thirds abutting the part of the right-of-way to be vacated, has been submitted to the City; and WHEREAS, the vacation process, by petition application, provided in the Pasco Municipal Code (PMC) Chapter 12.40 requires a survey, title report, an appraisal of value, and compensation unless waived by City Council; and WHEREAS, pursuant to PMC Section 12.40.120(2), compensation for vacated rights-of- way, an appraisal and title report may be waived i f one or more of the following are applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the City; the right- of-way to be vacated was previously determined by Council not to be essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right- of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring vacation outweighs the appraised value of the right-of-way to be vacated; and WHEREAS, the City staff is requesting that Council make a determination concerning whether to waive the requirements of a title report, appraisal of value, and compensation pursuant to PMC 12.40.120(2) after holding a public hearing; and WHEREAS, PMC Section 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 a public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. Notice of Hearing. That a public hearing to consider vacating the following as described below and depicted in the attached Exhibit A, will be held before City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington at the hour of 7:00 p.m., on the 6th day of February 2023: Page 32 of 175 Resolution - Setting PH for VAC 2022-009 – 2 THAT PORTION OF WASHINGTON ADDITION TO PASCO, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: ALL ROADS AND ALLEYS LYING SOUTHERLY OF THE CENTERLINE OF BUTTE STREET, EASTERLY OF A LINE WHICH IS PARALLEL WITH AND 30.00 FEET EASTERLY OF THE CENTERLINE OF SPOKANE STREET, AND NORTHERLY OF THE NORTHERLY MARGIN OF A STREET AS DEDICATED ON SAID PLAT. TOGETHER WITH ALL ROAD AND ALLEYS LYING SOUTHERLY OF A LINE WHICH IS PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE CENTERLINE OF HELENA STREET, EASTERLY OF THE CENTERLINE OF SPRAGUE STREET, AND NORTHERLY OF THE CENTERLINE OF BUTTE STREET. HAVING AN AREA OF 3.87 ACRES, MORE OR LESS. Section 2. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Section 3. That the City Council will further decide whether to waive the requirements for an appraisal, title report and compensation at the February 6, 2023, public hearing. PASSED by the City Council of the City of Pasco, Washington, this ___ day of __________ 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 33 of 175            EXHIBIT A Page 34 of 175 Item:WashingtonAdditionStreetsandAlleysROWVacationApplicant(s):JubileeFoundationc/0SteveBaumanFile#:VAC2022-009OverviewPage 35 of 175 Item:WashingtonAdditionStreetsandAlleysROWVacationVlclnltyApplicant(s):JubileeFoundationc/0SteveBaumanMapFile#;VAC2022-009Page 36 of 175 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37 of 175 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38 of 175 AGENDA REPORT FOR: City Council January 11, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 1/17/23 FROM: Bob Gear, Fire Chief Fire Department SUBJECT: Proclaiming Community Risk Reduction Week I. REFERENCE(S): Proclamation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Barajas will present the proclamation to Ben Shearer, Community Risk Reduction Coordinator and Firefighter with the Pasco Fire Department. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Monday, January 16, 2023 is Martin Luther King, Jr. Day and is nationally recognized as a National Day of Service, and an opportunity for communities to reduce the risk in their community through a series of educational and other programs. The City of Pasco's proclamation will designate the week of January 16, 2023 - January 21, 2023 as "Community Risk Reduction Week," a grassroots initiative of fire service professionals across the nation designed to raise awareness of the importance of Community Risk Reduction in the fire service community and an opportunity to make communities safer. V. DISCUSSION: None Page 39 of 175 Proclamation “Community Risk Reduction Week” January 16 – 22, 2023 WHEREAS, Pasco Fire Department responded to 51 structure fires in 2022; and WHEREAS, the Fire Department responds to a growing number of medical calls for service, surpassing 80% of total call volume; and WHEREAS, Community Risk Reduction is a data-informed process to identify and prioritize local risks, followed by integrated and strategic investment of resources to reduce their occurrence and impact; and WHEREAS, the value of community support from local, state, and national partners to address community risks is recognized to meet the demands on the fire service; and WHEREAS, the goal of Community Risk Reduction is to reduce the occurrence and impact of emergency events for both community members and emergency responders through deliberate action in the areas of the five E's of Education, Engineering, Enforcement, Emergency response, and Economic incentive; and WHEREAS, most fire-related and many medical calls for service are preventable, with the five E's performed as part of an integrated Community Risk Reduction program; and WHEREAS, Monday, January 16, 2022 is Martin Luther King, Jr. Day and is nationally recognized as a National Day of Service and an opportunity for communities to reduce the risk in their community through a series of educational and other programs. NOW, THEREFORE, I, Blanche Barajas, Mayor of the City of Pasco, Washington, on behalf of the entire City Council, do hereby proclaim January 16th to 21st, as “Community Risk Reduction Week”. 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 January 2023. Blanche Barajas, Mayor City of Pasco Page 40 of 175 AGENDA REPORT FOR: City Council January 11, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 1/17/23 FROM: Bob Gear, Fire Chief Fire Department SUBJECT: Benton Franklin Behavioral Health Advisory Committee Update I. REFERENCE(S): RCW 82.14.460 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Informational Update III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: As Council has recognized by their support, the behavioral health and substance abuse issue is itself in a crisis state. Taking people experiencing personal crisis from mental health and/or substance abuse to jail or the emergency room has not proven to be effective as neither of those facilities are purposed to address the underlying problems causing such episodes. The greater Tri-Cities area has very few treatment options or locations where law enforcement or emergency medical services can take these people to after responding to 911 calls. Historically, for contact of point primary enforcement been has law the community members undergoing a behavioral health crisis. Increasingly however, there have been efforts to include mental health professionals (MHP s) and emergency medical services in the response to individuals in crisis. While Pasco Police and Fire have been at the forefront of incorporating MHPs into their response and follow up to such events, there is a lack of MHP responders, as well as the absence of a plan for a regionally coordinated, comprehensive, and robust array of services available. In response to the above and to begin to create a coordinated solution, in 2022 the Commissioners from Benton and Franklin Counties approved a 1/10th of 1% Page 41 of 175 sales tax increase to fund Behavioral and Substance Abuse treatment operations. Of note, the funds generated by the sales tax increase cannot be used for capital improvements related to Behavioral Health or Substance abuse facilities. Subsequent to adoption of the tax, the Franklin County Commissioners appointed representatives from Franklin County to the Benton/Franklin County Behavioral Health Advisory Committee. The current combined Committee has 16 members from both Counties including two (2) Fire Chiefs, both County Sheriffs, a Veteran representative, plus several behavioral health specialists. At the first meeting held in September of 2022,the committee recommended adding a 17th position, a lived individual, meaning someone who has experienced mental/behavioral health issues first-hand and/or through a family member. V. DISCUSSION: Fire Chief Gear and Matt Rasmussen from Benton County will provide an update on this effort including: • Committee formation and membership • Committee responsibilities • Meeting of the committee and sub-committees • Facilities • Provider RFP's • Funding • Timing Page 42 of 175 Qa _ Emm?ammom\m\o:zom ®QuouasnowmcavcsumcaumaxmucmagmdwouUmm:mQ>mEucmoummxuuawouma”m:oaaommmmmmomusmwm®Qunowmcaucsmwcauwaxmucmamazmou Umm:mQmmeQoauowmmaQuumbcsUwuuwaaoow>mQoEweEOHuHOQw.aaoN‘amuwnemowmuoummQoauowmmaQuumvcsUwNauoQu:mxmumQummmomeaxaamauaca QoaQ:.UQmw:oQu>uuaQuuw>oQoaumasmoamQua:xuaomnoUQmm:oQu w>aw|>uQw:uQmQuumaumaQoaumazmommQua:>uQ:oowyouADV AmaomH®®> umvcwamocamcavcswmcaumaxmucwaaazmouUmm:mpmm?ucwuummQmuou Q:UcmAmaomHaw»umucmamocamsabcdwmcaumaxmucmammsmouUwm:mu>mEucmouwm>ucm:uouQ:AwaomMam»umbcwamoQamcavczmwcaumaxmucmammsmouUmm:wQ>mEucmoumm>uuaQuouQ5Amaommam»umwcwamocamcavcswmcauwaxmucmammzmouUmm:mQwmeucwoummauuououmswmaomuaaomwumm> umvcmamocawcaucswmcaumaxmucmammsmoutam:ma>mEuamoawmxuwawoumaum:oaaowmmmmmomuzmmmwQunowwcavcswocaumaxwucmamgsmouUwmsmnmmaQoauommmaQunova:Umuooaaoom%®COEmoQoauuomm_NaoNQa>um5Qmm ouuoaugQoauommmaQuumUQ:UQNHHOSHSMxmuoQuUwmomea>aamauaca QoaQ:.UQmm:oQu>uuaQuu®>oQoaumazmoawQua:auaomnoUQmm:oQu m>am1>u:m:uQmQuuwmumaQoaumasmommQua:muczoommomAmv ”m:oaaommmumwoxm_QoauowmmaQucaUwUa>oum mmmmoa>uwwUcmmemumoumUwvammxono:wQmQa©a>oumwommoausmwQuMOMwamaomUmm:onuwsaQoauommmaQuumvczvouomaaoommwco?aamAvv .mmou:ommu Ucm.Qoaumooa.mNamm.uu:oomQuMOMw>auuwwmwmaouUmcmamobmmcauwmooum>0C®UQ@Q®Uyouucwcomeoouazoooau:wmmumQummumummoUcm Qmaaamumw.>mEwuczooumQuo>Mm>oUam_aamQmQoauowmmaQuQaU®Ua>ouQ xmu@QummNauoQu5mumQu>uc:oo>um>m.moa>nmwnoEmumouQucwaummuu QuamwQamucmeuoxocovcmmwuamoaEmQoUoumcavuooomweucwcomeoummum umQumQamsoQUcm.Qoaumuuomm:muu.uQmEmmm:mEammo_mmoa>nwmucmeumwuu AouUmua?aauocmau5Q.mmU:auQa:mmoa>uwmUcmmemumoum:_Qoauomm maQumommmomusmmQuMom.QoauowmmaQuQavwuumaaoum%®COEQua:Umvcdw wma:uoQuomwoa>ummnomemumoumucw?ummuuQuammQamucwanoxocwbcmmow amoaEmQumo>um>aamUno.QoaumumQo\COHmH>OHQmQunowwummmmowcmvwmc>ummmmUcmQuamwQmmmuvvmoummauaaaomumcaumaxmouwcoaumuawaboe MowUmmswnomam>mEQoauommmaQuumvcsmwauao>9Uwuomaaoomzmcoz .wwoa>nwwUcmmemuwoumuusoooau:mmmuwQumo>u®>aaoUnoQoaumummomQu MOMUcmm®oa>ummbummemumou?ucmeummuuQuamwQamucwanomocwvcmmov amoaEoQomo>u®>aamUuoQoaumummomQumow@QaUa>ouQmommomusmwQu MOM>amaomUwm:mnumseQoauuommaQuH®UC§UwuomaaoommmcozAmy .xmumm:mwemmmowQucaAbmmsmaoauummQuwew:am>uo.xmumwammmwewmmomQucawoaumwcaaammmQumoucwoummwcowoQucmu amcomamzwwxmuwomumu@£H.xmum_>uaomHOW>uaomQaQua:Ucmxmu m_>uQ:oomnow>uQ:oowQuQaQua:uQw>wmaQmxmu>QmmomocmuuzooowQucom:zomma.NmUcmmo.mmmuwummQoumvcsmumummQu>QwaQmxmumumoQ:mcomuwmmmoQuEouwUwuowaaooonumseUcm:maanUwNauoQu:mmmxmuuoQuomamouQoauauvmcamaQoauommmaQuQaUQNHHOSMDMxmuOSBAmy .aaom.axumscmhuwuwmxmuwQumomomea hucsoomQuwa>uQ:ooumQuQaUmumooamuaowcm>2AQVAHVQoauowmnsm maQuHOUSEUwmomeaxmumoucsoemaasuwQumomxmumuaumcammmuaumuo mmUa>oumumsexucsoo®QH.umummQomaQumomeumumQuQua:oocmuuooom Qaxmumm:bummmammmQummomeaUcmQxam.mNauoQu:mmmawucsoo umQuQaUmumooaUQmm:oQu>uuaQuum>oQoaumasmommQua:>uauxcm.aaom Qa>um:cmnan:oauo®mQ:mmaQuumvczUmNauoQu5mxmuwQuUomom?auoc wmQUcmmSoQuUmuU:5QuQmamu®>oQoaumasmommQua:wucdoomwHADV .H®uQm£OmaQumomeumumQuQua:OUCMUMOUUMcaxmumm:UcmmwammmomomeaUcm.xaw_wNauoQu5mawe>uauoQu3mw>aumamamwa>uQ:oo mAmVAaV.muHaouoaunwmmuwauHOmmoabuwmuawEumwHuQuamanamucw? nomoawvcwmwuamoa?wnuHowxmumm:vanmwammomv.¢a.NmSUM Page 43 of 175 ?NQAzmm?u?NNoN\m\oHVgum .omo.mo.H»zommc?soaaom muo:mwm"won0moomvlmwouwuwuwnmo?OM#O0HHOU||?O?#mNM#0DG£mH? .»mo.mo.H»gummc?soaaommmuo:mam"com0moomuumwumvm>?uowwwm Ilmwanumo:oaumoU¢rI3mHuo:mmnaumwnnnm\mm:wvmmnuumm_m:oaummo IldowuonuumnoollnowumowHmmdrlhuwaMnmuw>mmILu:wu:HIIwm:wU:?h ?.Hmpm?0moom_:.moomyomama.»mHgmummso _Nco?uowmanU®Hw?HmHUmmowv.wH.mmBumcaUwUa>oummmmmmomusm mapuomUwm:mponuwuu?eummmavase:oo«.qH.mmgumgmnz:umuomaaoo m>wcoEesp.omv.«H.Nwzommomamam>?uommmwHmc?m?uomg»com:umnu U®UE®uCHwusumam?mwamne.omw.«H.mmBumCHUwUH>oumxmumm:Unamwamm mapmowmH5uHUCm&X®®HDH®HH®wc?cummmuMCOMCHHMCHOHHOmap%w?HmHUonmnmmmmowcpamvcawwusumam?mwamna:urnsUmooNIIu:wu:HIImmaHu:wh .o?o.om.mgummc?soaaom wuocmwmUHQNUmaomlmuaw?wuanwwnHmuw?ww£U..n3uU._uH.H?OU .oHm.«H.mmgum UCHSOHHOMmmuocmmmummmOHmomlloumu0>M#O0MMH1|#GU#?Hllmdw???h _.qowm«omomeow“Nmwm?umoom«NmHmmomeow“Nm PNH0o?om“HmpwmUH?om“Hmow?0«HowkmWHam0m?omupwmamo HNoN_.coHuo®mm?nuCHU®UH>OHQmmw?mumonmUcmmwo?>Hmmmo>H®>HH®Unoco?umnwmownuHowUwUH>onm>Hm5OH>®HQOCHUCSMHmumvowUwwmmamoucmewomammnmannowco?uuwmwaspumuczUmuomaaoom>m:oEmomm: mapMHQHEOHQonUwumnguwucaonaweCOHHUGWm?zpcamc?nuozAmv.un:ooo?usmmmnmsummowwmumuuomazmbumuwo?wwoHm?o???? on»mouwoomzuuuommsmopDamsmmwascoauummwaspuwvczUouowaaoo mmmco?_:oHuuwmQ:mWHSHmoAovnmzounuAmvoc?vcmumsu?suozAUV UcmKmaomMaw» umccwamocaGCHUEDMmc?uw?xmucmammsmonUwmsma>mEucmoummcwuonasUcmKmaommmw>umvcmamocaac?vcswmc?um?xmucm?masmopUwm:mgaweucoouwmwucwsuonQ5uwaowMam»umvcoamoCHOCHUGDMmc?um?xoucmammsm onUmmsmp>mEucwouwmmunowonasNmaomumw>umwcmamocamuavczw mc?uw?xwucmammsmouUwm:mammeucwoummmux?monQ:uNHON1HHONmHmw> umwcoamocamc?vcswwc?um?xmucmammsmonvowson>mEucmouwm>u:vHw onmanmsoaaowmmmmmomuzmwmmcunowOCHUESMmc?um?xwucmammzmou Uwm:mg>mEco?uowmm?nuuwuczUmuomaaoomamcoeweGOHMHOQm.Ucmm:onu w>Hm1>ucm3uawn»mmmamoco?umasmommQUH3mucsoomMOMAov uco?umovmnmuwmmumm>?uw?w UcmnuuzommannowWEHUCSMmcaum?xmucmammsmonUmm:on>mEuqwouwm w>Hw:>u:m3uonQ:Ucmuco?umoumDCHSOHHOMwnmmmumvcwamommncuumuaw Page 44 of 175 AGENDA REPORT FOR: City Council January 10, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 1/17/23 FROM: Rick White, Director Community & Economic Development SUBJECT: *Q Ordinance No. 4633 - Approval of Montez Rezone from R-2 to R-4 (Z 2022-017) I. REFERENCE(S): Proposed Ordinance Exhibit A - Hearing Examiner Recommendation Exhibit B - Map Report to Hearing Examiner Dated: December 14, 2022 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4633, approving a rezone at 131 South Cedar Avenue from R-2 (Medium Density Residential) to R-4 (High Density Residential) and, further, authorize publication by summary only. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: On December 14, 2022, the the Hearing Examiner held a public hearing to consider a request to rezone property located at 131 South Cedar Avenue (Parcel 113900066) from R-2 (Medium Density Residential) to R-4 (High 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 45 of 175 Applicant is seeking to change the zoning designation of a 4.86-acre parcel addressed at 131 South Cedar Avenue, from R-2 (Medium Density Residential) to R-4 (High Density Residential) to facilitate future development of the property. The proposal 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. The “Medium-Density Residential” designation allows for R-4 zoning and may be developed with townhouses and apartments. Residential density may range from 6 to 20 dwelling units per a cre in the “Medium-Density Residential” designated area. Staff recommends Council concurrence with the Hearing Examiner's recommendation and adoption of the proposed rezone ordinance. Page 46 of 175 Ordinance - Rezone Z 2022-017- Montez - 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 OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ALONG SOUTH CEDAR AVENUE APPROXIMATELY A BLOCK SOUTH OF EAST LEWIS STREET, PASCO, FRANKLIN COUNTY, WASHINGTON, FROM R-2 TO R-4. WHEREAS, Edward and Elizabeth Montez, the Petitioner(s) seeks to rezone Parcel No. 113900066, located at 131 South Cedar Avenue, Pasco, Franklin County, 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 December 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 proposed rezone is consistent with and satisfies all criteria set forth 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. Page 47 of 175 Ordinance - Rezone Z 2022-017- Montez - 2 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 R-2 (Medium Density Residential) to R-4 (High Density Residential) for the real property as shown in the Exhibit B attached hereto and described as follows: The Northwest ¼ of the Northwest ¼ of the Southeast ¼ of Section 28, Township 9 North Range 30 East WM., Except the North 338.71 feet. Comprising approximately 4.86 acres. 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 ___________, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 48 of 175 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) ) ) ) ) ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2022-017 Montez THIS MA TIER having come on for hearing in front of the City of Pasco Hearing Examiner on December 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 Northwest¼ of the Northwest¼ of the Southeast¼ of Section 28, Township 9 North Range 30 East WM., Except the North 338.71 feet (131 South Cedar Avenue; Parcel 113900066). 1.2 General Location: Said property is located along South Cedar A venue about a block south of East Lewis Street, Pasco, Franklin County, WA. 1.3 Property Size: Approximately 4.86 acres (211,510.79 square feet). 1.4 Applicant: 427 S Cedar LLC c/o Edward & Elizabeth Montez, 1917 Howell Avenue, Richland WA 99354. 1.5 Request: Rezone from R-2 (Medium-Density Residential) to R-4 (High-Density Residential). 2.ACCESS: The parcel has access from South Cedar A venue. 3.UTILITIES: Municipal water and sewer are available on South Cedar A venue. 4.LAND USE AND ZONING: The site is zoned R-2 (Medium-Density Residential) and has a residential dwelling on it. Surrounding properties are zoned and developed as follows: North: R-3 Vacant, apartments East: R-2 Vacant South: R-3 Lot-line duplexes and apartments West: R-1-C-l SFDU's, vacant 5.COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as "Medium-Density Residential"; 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 ("SEP A") checklist, Comprehensive Z 2022 017 Montez Page 1 of 4 Page 49 of 175 Plan, applicable regulations, and other information, a threshold determination resulting in a Dete�ination of Non-Significance (DNS) or Mitigate Determination of Non-Significance (MDNS) is anticipated for this project under WAC 197-11-158. 7.REQUEST: Edward and Elizabeth Montez have submitted a rezone application (Z 2022- 017)from R-2 (Medium Density Residential) to R-4 (High Density Residential), for land in Section 25, Township 9, Range 29, Pasco, Franklin County, WA (Parcel 113900066) located at 131 South Cedar A venue, Pasco WA. 8.SITE: The site comprises approximately 4.86 acres (5,1178 square feet) and is vacant. 9.HISTORY: The site was annexed into the City in 1994 (Ordinance 3033) and assigned R-2 (Medium Density Residential) zoning in conjunction with the annexation. 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 R-2 (Medium Density Residential) zonmg m conjunction with the 1994 annexation (Ordinance 3033). 10.2 The changed conditions, which are alleged to warrant other or additional zoning: 10.2.1 The site is considered "infill" property as development has occurred around it. 10.2.3 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. 10.2.4 Residential density may range from 6 to 20 dwelling units per acre in the "Medium-Density Residential" designated area. 10.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 10.3.1 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. 10.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 10.4.1 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. 10.4.2 The rezone application· is consistent with and meets the intent of the goals and policies of the Comprehensive Plan. 10.5 The effect on the property owner or owners if the request is not granted: Z 2022 017 Montez Page 2 of 4 Page 50 of 175 1.5 .1 If the site remains with the current zoning designations the site would likely continue to remain undeveloped or developed at a much lower density. 10.6 The Comprehensive Plan land use designation for the property 10.6.1 The Land Use Element of the Comprehensive Plan designates the lot "Medium-Density Residential." The "Medium-Density Residential" designation allows for R-4 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. 10. 7 Such other information as the Hearing Examiner requires 10.7.1 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. 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 December 6, 2022. 12.An open record public hearing after due legal notice was held December 14, 2022, with the Planning Department staff and public appearing in person and the Hearing Examiner appearing via videoconference. 13.Neither the Applicant, nor a representative, appeared at the hearing. The Applicant was given written notice of the date, place, and time of the hearing. 14.Testifying from the public was Linda Thong. Ms. Thong lives next to the subject property. She stated that there is a retaining wall and wanted to know if it would be impacted. The Hearing Examiner advised Ms. Thong that as part of this rezone request, there would be no development of the property, and therefore, no impact to the retaining wall. If the rezone is approved, at the time a project is submitted for review, then property surrounding the retaining wall may be discussed. The Hearing Examiner advised Ms. Thong to remain vigilant throughout the process. 15.The staff report, application materials, agency comments and the entire file of record were admitted into the record. 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 "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. 1.2 Residential density may range from 6 to 20 dwelling units per acre in the "Medium­ Density Residential" designated area. 1.3 The proposal also aligns with the following Comprehensive Plan Goals and Policies: Z 2022 017 Montez Page 3 of 4 Page 51 of 175 1.4 Land Use Policy LU-4-A: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. 1.5 Housing Goal H-1: Encourage housing for all economic segments of the city's population consistent with the local and regional market. 1.6 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. 2.1 The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with single-family dwellings, patio homes, townhouses, apartments, and/or condominiums. 2.2 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. 2.3 The development would be cohesive with the multi-units developed to the south of the property. 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. 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 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 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 portions of land in Section 25, Township 9, Range 29, Pasco, Franklin County, WA (Parcel 113900066) located at 131 South Cedar Avenue) be rezoned from R-2 (Medium Density Residential) to R-4 (High Density Residential). Dated this 16th day of December, 2022. fl!:?C°/:2?X™R L.Kottkamp Z 2022 017 Montez Page 4 of 4 Page 52 of 175 Item:MontezRezoneR-2toR-4N"ExhibitB"Applicant(s):427S.CedarLLCc/0EdwardandElizabethMontezXFile#:Z2022-017EJP5K?Kim;Ga[1La3grL[D:32iR-4aD5JJD‘S‘?g_E,2G1Q35DEIEV3”b’E59]‘%‘[€>lT70140[[—‘:l280423"?560[§_‘:TT—*:é]FeetWPage 53 of 175 AGENDA REPORT FOR: Hearing Examiner December 5, 2022 TO: Rick White Director; C&ED Hearing Examiner: 12/14/22 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Montez Rezone from R-2 (Medium-Density Residential) to R-4 (High- Density Residential) (Z 2022-017) I. REFERENCE(S): Hearing Examiner Report Site Maps Site Photos Affidavit of Publication II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Staff recommends based on the Findings of Fact and Conclusions herein, that portions of land in Section 25, Township 9, Range 29, Pasco, Franklin County, WA (Parcel 113900066) located at 131 South Cedar Avenue) be rezoned from R-2 (Medium Density Residential) to R-4 (High Density Residential). III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: Location of the proposal: 131 South Cedar Avenue (Parcel 113900066). General Location: along South Cedar Avenue about a block south of East Lewis Street. Current Zoning designation: Thesiteis zonedR-2 (Medium Density Residential). Size of the lot: The site contains approximately 4.86 acres (211,510.79 square feet) Page 54 of 175 Particulars of the requested amendment/proposal: Applicant has applied to change the zoning of 131 South Cedar Avenue from R -2 (Medium Density Residential) to R-4 (High Density Residential). V. DISCUSSION: Additional highlights as necessary: • Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on 30 November, 2022. • The site was annexed into the City in 1994 (Ordinance 3033). • The site has been vacant since it was annexed in 1994 • The Land Use Element of the Comprehensive Plan designates the lot “Medium-Density Residential.” • The “Medium-Density Residential” designation allows for R-4 zoning • The “Medium-Density Residential” designation may be developed with single- family dwellings, patio homes, townhouses, apartments, and/or condominiums. Page 55 of 175 REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Remote WEDNESDAY, 14 December 2022 6:00 PM 1 MASTER FILE #: Z 2022-017 APPLICANT:427 S Cedar LLC c/o Edward & Elizabeth Montez 1917 Howell Avenue Richland WA 99354 REQUEST: REZONE: Montez Rezone from R-2 (Medium-Density Residential) to R-4 (High-Density Residential) BACKGROUND 1.PROPERTY DESCRIPTION: Legal: The Northwest ¼ of the Northwest ¼ of the Southeast ¼ of Section 28, Township 9 North Range 30 East WM., Except the North 338.71 feet (131 South Cedar Avenue; Parcel 113900066). General Location:Said property is located along South Cedar Avenue about a block south of East Lewis Street, Pasco, Franklin County, WA. Property Size: Approximately 4.86 acres (211,510.79 square feet) 2.ACCESS: The parcel has access from South Cedar Avenue. 3.UTILITIES:Municipal water and sewer are available on South Cedar Avenue. 4.LAND USE AND ZONING: The siteis zoned R-2(Medium-Density Residential)andhas a residential dwelling on it. Surrounding properties are zoned and developed as follows: NORTH: R-3 Vacant; Apartments EAST: R-2 Vacant SOUTH: R-3 Lot-Line Duplexes; apartments WEST: R-1; C-1 SFDU’s; Vacant 5.Comprehensive Plan:The Comprehensive Plan designates this site as “Medium-Density Residential”; 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 Page 56 of 175 2 Non-Significance (DNS) or Mitigate Determination of Non-Significance (MDNS) is anticipated for this project under WAC 197-11-158. ANALYSIS Request Edward & Elizabeth Montez have submitted a rezone application (Z 2022-017) from R-2 (Medium Density Residential) to R-4 (High Density Residential), for land in Section 25, Township 9, Range 29, Pasco, Franklin County, WA (Parcel 113900066) located at 131 South Cedar Avenue, Pasco WA. Site The site comprises approximately 4.86 acres (5,1178 square feet) and is vacant. History The site was annexed into the City in 1994 (Ordinance 3033) and assigned R-2 (Medium Density Residential) zoning in conjunction with the annexation. 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 R-2 (Medium Density Residential) zoning in conjunction with the 1994 annexation (Ordinance 3033). 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. 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. 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 goals and policies of the Comprehensive Plan. 5. The effect on the property owner or owners if the request is not granted: Page 57 of 175 3 If the site remains with the current zoning designations the site would likely continue to remain undeveloped or be developed at much lower density. 6. The Comprehensive Plan land use designation for the property The Land Use Element of the Comprehensive Plan designates the lot “Medium-Density Residential.” The “Medium-Density Residential” designation allows for R-4 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 30 November 2022 and re-sent on 6 December 2022. 2. Applicant wishes to rezone 131 South Cedar Avenue from R-2 (Medium Density Residential) to R- 4 (High Density Residential). 3. The property is located in Section 25, Township 9, Range 29, Pasco, Franklin County, WA (Parcel 113900066). 4. The site comprises approximately 4.86 acres (5,1178 square feet). 5. The site is vacant. 6. The site was annexed into the City in 1994 (Ordinance 3033). 7. The site was assigned R-2 (Medium Density Residential) zoning in conjunction with the annexation. 8. The Land Use Element of the Comprehensive Plan designates the lot “Medium-Density Residential.” 9. The “Medium-Density Residential” designation allows for R-4 zoning 10. The “Medium-Density Residential” designation may be developed with single-family dwellings, patio homes, townhouses, apartments, and/or condominiums. 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 Land Use Element of the Comprehensive Plan designates the lot “Medium-Density Residential.” The “Medium-Density Residential” designation allows for R-4 zoning and may be developed with townhouses and apartments. Page 58 of 175 4 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. The site is near East Lewis Street, an arterial street. 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 “Medium-Density Residential” designation allows for R-4 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. The development would be cohesive with the multi-units developed to the south of the property. 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 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. 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 25, Township 9, Range 29, Pasco, Franklin County, WA (Parcel 113900066) located at 131 South Cedar Avenue) be rezoned from R-2 (Medium Density Residential) to R-4 (High Density Residential). Page 59 of 175 Page 60 of 175 Page 61 of 175 Page 62 of 175 Page 63 of 175 Page 64 of 175 Page 65 of 175 Looking NorthPage 66 of 175 Looking NortheastPage 67 of 175 Looking EastPage 68 of 175 Looking SoutheastPage 69 of 175 Looking SouthPage 70 of 175 Looking SouthwestPage 71 of 175 Looking WestPage 72 of 175 Looking NorthwestPage 73 of 175 Page 74 of 175 Page 75 of 175 Page 76 of 175 Page 77 of 175 AGENDA REPORT FOR: City Council January 10, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 1/17/23 FROM: Rick White, Director Community & Economic Development SUBJECT: *Q Ordinance No. 4634 - Approval of ICCU Rezone from RT to C-1 (Z 2022-018) I. REFERENCE(S): Proposed Ordinance Exhibit A - Hearing Examiner Recommendation Exhibit B - Map Report to Hearing Examiner Dated: December 14, 2022 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4634, approving a rezone from RT (Residential Transition) to C-1 (Retail Business District) and, further, authorize publication by summary only. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: On December 14, 2022, the the Hearing Examiner held a public hearing to consider a request to rezone a portion of Parcel 116030027 from RT (Residential Transition) to C-1 (Retail Business District). 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 78 of 175 Applicant is seeking to change the zoning designation of a 2 -acre portion of Parcel 116030027 from RT (Residential Transition) to C-1 (Retail Business District). to facilitate future development of the property. The proposal aligns with the following Comprehensive Plan Goals and Policies: • Land Use Policy LU-4-F suggests the City “Support mixed use, smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community". • Economic Development Policy 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. • Economic Development Policy ED-1-A Policy: Promote an environment which of expansion and business the supports development opportunities. The “Mixed Residential/Commercial” designation allows for R-1 through R-4, C- 1, O, and Waterfront zoning and may be developed with single-family dwellings, patio as homes, townhouses, apartments and condominiums, as well neighborhood shopping and specialty centers, business parks, service and office uses. Staff recommends Council concurrence with the Hearing Examiner's recommendation and adoption of the proposed rezone ordinance. Page 79 of 175 Ordinance - Rezone Z 2022-018 - ICCU - 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 OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ALONG ROAD 58 ACROSS FROM THREE RIVERS DRIVE, PASCO, FRANKLIN COUNTY, WASHINGTON, FROM R-T TO C-1. WHEREAS, Nicole Stickney of AHBL, on behalf of Petitioner, Randy Mullen, Lee Eickmeyer, et al., seeks to rezone a portion of Parcel 116030027 Pasco, Franklin County, 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 December 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 proposed rezone is consistent with and satisfies all criteria set forth 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. Page 80 of 175 Ordinance - Rezone Z 2022-018 - ICCU - 2 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 R-T (Residential Transition) to C-1 (Retail Business District) for the real property as shown in the Exhibit B attached hereto and described as follows: THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89"40'37" WEST ALONG THE NORTH LINE THEREOF A DISTANCE OF 2506.28 FEET TO THE EASTERLY MARGIN OF ROAD 68; THENCE SOUTH 15"01'31" EAST ALONG SAID EASTERLY MARGIN A DISTANCE OF 1534.42 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS SEGREGATION AREA 3 IN QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE NUMBER 1930596, RECORDS OF FRANKLIN COUNTY WASHINGTON, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY MARGIN, NORTH 88"55'26" EAST ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 317.67 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 500.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08"08'17" A DISTANCE OF 71.02 FEET; THENCE LEAVING SAID SOUTH LINE, SOUTH 11•39'Q0" EAST A DISTANCE OF 104.34 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 578.75 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08"45'35" A DISTANCE OF 88.48 FEET; THENCE SOUTH 74'58'29" WEST A DISTANCE OF 360.14 FEET TO THE SAID EASTERLY MARGIN OF ROAD 68; THENCE NORTH 15'01'31" WEST ALONG SAID EASTERLY MARGIN A DISTANCE OF 280.51 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION. Comprising approximately 2 acres Section 2. This Ordinance shall take full force and effect five (5) days after approval, passage and publications required by law. Page 81 of 175 Ordinance - Rezone Z 2022-018 - ICCU - 3 PASSED by the City Council of the City of Pasco, Washington this ___ day of ___________, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 82 of 175 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) ) ) ) ) ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2022-018 Nicole Stickney/AHBL THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on December 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 FACT1.PROPERTY /APPLICATION DESCRIPTION:1.1 Legal: THAT PORTION Of THE NORTHEAST QUARTER Of SECTION 9, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89"40'37" WEST ALONG THE NORTH LINE THEREOF A DISTANCE Of 2506.28 FEET TO THE EASTERLY MARGIN OF ROAD 68; THENCE SOUTH 15"01'31" EAST ALONG SAID EASTERLY MARGIN A DISTANCE Of 1534.42 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS SEGREGATION AREA 3 IN QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE NUMBER 1930596, RECORDS Of FRANKLIN COUNTY WASHINGTON, ALSO BEING THE TRUE POINT Of BEGINNING; THENCE LEAVING SAID EASTERLY MARGIN, NORTH 88"55'26" EAST ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 317.67 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 500.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08"08'17" A DISTANCE OF 71.02 FEET; THENCE LEAVING SAID SOUTH LINE, SOUTH 11 •39'Q0" EAST A DISTANCE OF 104.34 FEET TO THE BEGINNING Of A CURVE CONCAVE TO THE WEST HAVING A RADIUS Of 578.75 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08"45'35" A DISTANCE Of88.48 FEET; THENCE SOUTH 74'58'29" WEST A DISTANCE Of 360.14 FEET TO THE SAID EASTERLY MARGIN OF ROAD 68; THENCE NORTH 15'01 '31" WEST ALONG SAID EASTERLY MARGIN A DISTANCE OF 280.51 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION. Z 2022 018 Stickney/ AHBL Page 1 of 6 Page 83 of 175 2. 3. 4. 5. 6. 7. 8. 1.2 General Location: Said property is situated on the southeast corner of Road 68 and Three Rivers Drive, Pasco, Franklin County, WA. 1.3 Property Size: Approximately 2 acres (87,120 square feet). 1.4 Applicant: Nicole Stickney/AHBL, 5804 Rd 90 Suite H, Pasco WA 99301. 1.5 Request: Rezone portion of Parcel 116030027 from R-T (Residential Transition) to C-1 (Retail Business District). ACCESS: The site has access from Road 68 and future Three Rivers Road. UTILITIES: Municipal water is available from Road 68. There is no sewer service available to the site. The closest sewer service is approximately 96 feet to the west at the comer of Three Rivers Drive and Road 68. LAND USE AND ZONJNG: The property is currently zoned R-T (Residential Transition) and is used for farming/undeveloped. Surrounding properties are zoned and developed as follows: North C-1 East R-T South R-T West C-1 Farming and Undeveloped Farming Farming; Commercial Undeveloped; Commercial COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed Residential/Commercial designation allows for a combination of mixed-use residential and commercial in the same development, including single-family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, 0, and Waterfront. Land Use ·Policy LU-4-F similarly suggests the City "support mixed use, smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community." ENVffiONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEP A checklist, 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 5 December 2022, under WAC 197-11-158. REQUEST: Nicole Stickney/ AHBL, Applicant, has submitted an application to rezone a section of the north half of section 9, township 9, range 29 east W.M, Records of Franklin County, (Parcel 116030027), from R-T (Residential Transition) to C-1 (Retail Business District). The rezone is intended to facilitate the development of a financial institution. SITE: The site is located at on Parcel 116030027, in a primarily undeveloped area on the southeast corner of Road 68 and Three Rivers Drive. Road 68 is an arterial street. There are plans to develop a hospital on the property to the north. Z 2022 018 Stickney/ AHBL Page 2 of 6 Page 84 of 175 9.HISTORY: The site was annexed into the City of Pasco in 1982 (Ordinance 2388) as part of the Northwest Annexation Area and assigned R-T zoning per Resolution 1396. The site is partially undeveloped and partially used for farming. 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 annexed to the City of Pasco in 1982 (Ordinance 2388) and assigned R-T zoning (Ordinance 2388) in conjunction with the annexation. The zoning has not changed since the annexation. 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. Water service has been developed in Road 68. No sewer service is available to the site. The closest sewer service is approximately 96 feet to the west at the corner of Three Rivers Drive and Road 68. The Comprehensive Plan designates this area as mixed residential/commercial which allows a combination of mixed-use residential and commercial in the same development. This designation encourages neighborhood shopping and specialty centers, business parks, service and office uses. The location of a financial institution would increase walkability of services to nearby residential. 10.2.2 Properties to the north, northeast, and south have recently been rezoned as follows: 10.2.2.1 Eickmeyer Mullen RT -R-4 Rezone (Z 2022-007) approved 09/19/2022. 10.2.2.2 CBHA Rezone RT to C-1 Rezone (Z 2021-018) approved 03/08/2022. 10.2.2.3 Eickmeyer RT to C-1 (Z 2019-002) to the south, approved 05/06/2019. 10.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 10.3.1 The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety, and general welfare of the community. 10.3.2 The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed Residential/Commercial designation allows for a combination of mixed-use residential and commercial in the same development, including single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, 0, and Waterfront. Z 2022 018 Stickney/ AHBL Page 3 of 6 Page 85 of 175 10.3.3 Water service has been developed in Road 68. However, no sewer service is available to the site. The closest sewer service is approximately 96 feet to the west on the comer of Three Rivers Drive and Road 68. 10.3.4 The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 14) states that land use policies must be coordinated with transportation investments and programs. The balance of these two elements must be strategic to ensure that future residents and businesses benefit from well-connected neighborhoods that allow residents to travel via various modes -walking, bicycling, or public transit, rather than solely relying on private automobiles. The addition of a financial institution in the vicinity of housing developments would increase walkability of services. 10.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 10.4.1 Rezoning from R-T to C-1 would allow for the development of a financial institution. Per PMC 16.15.010, City water and/or sewer service connection to the lot(s), parcel(s) or tract(s) of land sought to be developed shall be a prerequisite to the issuance of a development permit. No development permit shall be issued without compliance with this section except as stated in this chapter. 10.5 The effect on the property owner or owners if the request is not granted: 10.5.1 With the current R-T zoning the property owner could not build a financial institution or any other commercial property development. 10.6 The Comprehensive Plan land use designation for the property 10.6.1 The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed Residential/Commercial designation allows for a combination of mixed-use residential and commercial in the same development, including Single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, 0, and Waterfront. 10. 7 Such other information as the Hearing Examiner requires 10.7.1 Frontage improvements would be required per PMC 21.15.30. 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 November 18, 2022. 12.An open record public hearing after due legal notice was held December 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 authorized to testify on their behalf. She indicated that she does not represent the property owner. The Applicant is a contract Z 2022 018 Stickney/ AHBL Page 4 of 6 Page 86 of 175 purchaser of the property. She was in agreement with the representations set forth in the staff report. She testified consistent with the application materials. 14.No member of the public testified at the hearing.15.The staff report, application materials, agency comments and the entire file of record wereadmitted into the record.16.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated assuch by this reference.II.RECOMMENDED CONCLUSIONS OF LAWBefore 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 Mixed Residential/Commercial uses. The Mixed Residential/Commercial design ation allows for a combination of mixed-use residential and commercial in the same development, including Single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, 0, and Waterfront. 1.2 The proposal is consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan Policy Land Use Goals; Land Use Policy LU-4-F similarly suggests the City "Support mixed use, smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community." 2.The effect of the proposal on the immediate vicinity will not be materially detrimental.2.1 The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed Residential/Commercial designation allows for a combination of mixed-use residential and commercial in the same development, including Single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses are also encouraged in this Land Use design ation. Allowable zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, 0, and Waterfront; As such, this proposal will not be materially detrimental to any future nearby developments. 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 undeveloped land in the vicinity of residential, the proposed rezone will not negatively impact adjoining properties. Rezoning the property will assist with the implementation of the Comprehensive Plan. Z 2022 018 Stickney/ AHBL Page 5 of 6 Page 87 of 175 4.Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 4.1 The Pasco Municipal Code includes design standards for commercial development. If or when applicants pursue the development of this property, they will be required to conform to design standards established by the PMC. No special conditions are proposed. A development permit will not be issued for this project as currently 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 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 that a section of the north half of section 9, township 9, range 29 east W.M, (Parcel #116030027), located on the southeast comer of Road 68 and Three Rivers Drive, Pasco, Franklin County, WA, be rezoned from R-T (Residential Transition) to C-1 (Retail Business District). Dated this 16th day of December, 2022. ;{{;JOr::G E7R L.Kortkamp Z 2022 018 Stickney/ AHBL Page 6 of 6 Page 88 of 175 Item:ICCURezone-RTtoC-1Applicant(s):NicoleStickney,AHBLFile#:Z2022-018am_2§?mmm?mw?abm??amRAm‘\M\DE5Go3Ewsm?amia$9,?wmaWAmaymmw?makmuwmmBaaamwméwAA/\F.DQ@B@_m:u_B?U,w£?mnD?n?waaan?;WMW\\jQQaswkGEEK/®,4KMDJ,DGEO;Dftm?mULEE.mU:4_|,VUE_I.U2‘?r.__QHL|«£!m:m{EaULaEm.Em.Ea-?iErm??mi?m??mUEUUz+_:<E._u..mmKz._:55L0aQEWF/LULD\U_D,D_U_mW.DHmsrmAnGGmnmmmmmDQDWLBQUUUUUmuGDDGpDnz._vmmxum._oo<m.€0\/A0Rz?<:v_u:v_mEQEMUEuawnw_.H?_j?_UQp|Tu.W?_H_@vAWEmQmdmmmmmmHEMm_U?D.M_..||_UUmCL.Wm."ExhibitB"Page 89 of 175 AGENDA REPORT FOR: City Council December 6, 2022 TO: Rick White Director; C&ED Hearing Examiner: 12/14/22 FROM: Kelsey Bean, Planner II Community & Economic Development SUBJECT: ICCU Rezone (Z 2022-018) I. REFERENCE(S): Hearing Examiner Report Site Maps Site Photos Affidavit of Publication Determination of Non-significance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Staff recommends approval of a rezone of a section of the north half of section 9, township 9, range 29 east W.M, (Parcel #116030027) for R-T (Residential Transition) to C-1 (Retail Business) III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: Location of the proposal generally: the north half of section 9, township 9, range 29 east W.M, (Parcel #116030027), located on the southeast corner of Road 68 and Three Rivers Drive, Pasco, Franklin County, WA, 99301 Zoning designation: The site is zoned R-T (Residential Transition). The site was annexed into the City of Pasco in 1982 (Ordinance 2388) as part of the Northwest Annexation Area and assigned R-T zoning per Resolution 1396. Size of Site: Page 90 of 175 The site contains approximately 2 acres (87,120 square feet) Particulars of the requested amendment/proposal: Nicole Stickney of AHBL, wishes to Rezone A portion of a parcel from R-T (Residential Transition) to C-1 (Retail Business District). V. DISCUSSION: Additional highlights: x Public notice of this hearing was sent to property owners within 300 feet of the property and the Tri-City Herald on 18 November 2022 x The rezone is intended to facilitate the development of a financial institution. x The site is located on the western portion of parcel 116030027. x The site is in a primarily residential neighborhood, but surrounded by undeveloped land. x The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety, and general welfare of the community. Page 91 of 175 REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Remote WEDNESDAY, 14 December 2022 6:00 PM 1 MASTER FILE #: Z 2022-018 APPLICANT:Nicole Stickney, AHBL 5804 Rd 90 Suite H Pasco, WA 99301 REQUEST: REZONE: Rezone portion of Parcel 116030027 from R-T (Residential Transition) to C-1 (Retail Business District) BACKGROUND 1.PROPERTY DESCRIPTION: Legal: THAT PORTION Of THE NORTHEAST QUARTER Of SECTION 9, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89"40'37" WEST ALONG THE NORTH LINE THEREOF A DISTANCE Of 2506.28 FEET TO THE EASTERLY MARGIN OF ROAD 68; THENCE SOUTH 15"01'31" EAST ALONG SAID EASTERLY MARGIN A DISTANCE Of 1534.42 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS SEGREGATION AREA 3 IN QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE NUMBER 1930596, RECORDS Of FRANKLIN COUNTY WASHINGTON, ALSO BEING THE TRUE POINT Of BEGINNING; THENCE LEAVING SAID EASTERLY MARGIN, NORTH 88"55'26" EAST ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 317.67 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 500.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08"08'17" A DISTANCE OF 71.02 FEET; THENCE LEAVING SAID SOUTH LINE, SOUTH 11•39'Q0" EAST A DISTANCEOF 104.34 FEET TO THE BEGINNING Of A CURVE CONCAVE TO THE WEST HAVING A RADIUS Of 578.75 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08"45'35" A DISTANCE Of 88.48 FEET; THENCE SOUTH 74'58'29" WEST A DISTANCE Of 360.14 FEET TO THE SAID EASTERLY MARGIN OF ROAD 68; THENCE NORTH 15'01'31" WEST ALONG SAID EASTERLY MARGIN A DISTANCE OF 280.51 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION. General Location: Said property is situated on the southeast corner of Road 68 and Three Rivers Drive, Pasco, Franklin County, WA. Property Size: Approximately 2 acres (87,120 square feet) 2.ACCESS: The site has access from Road 68 and future Three Rivers Road. 3.UTILITIES:Municipal water is available from Road 68; there is no sewer service available to the site; the closest sewer service is approximately 96 feet to the west at the corner of Three Rivers Drive and Road 68. 4.LAND USE AND ZONING: The property is currently zoned R-T (Residential Transition) and is used for farming/undeveloped. Surrounding properties are zoned and developed as follows: Page 92 of 175 2 NORTH C-1 FARMING AND UNDEVELOPED EAST R-T FARMING SOUTH R-T FARMING; COMMERCIAL WEST C-1 UNDEVELOPED; COMMERCIAL 1. Comprehensive Plan: The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed Residential/Commercial designation allows for a combination of mixed-use residential and commercial in the same development, including single- family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront. Land Use Policy LU-4-F similarly suggests the City “support mixed use, smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community.” 2. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) was issued for this project on 5 December 2022, under WAC 197-11-158. ANALYSIS Request Applicant has submitted an application to rezone a section of the north half of section 9, township 9, range 29 east W.M, Records of Franklin County, (Parcel 116030027) as depicted in Exhibit “B”, from R-T (Residential Transition) to C-1 (Retail Business District). The rezone is intended to facilitate the development of a financial institution. Site The site is located at on Parcel 116030027, in a primarily undeveloped area on the southeast corner of Road 68 and Three Rivers Drive. Road 68 is an arterial street. There are plans to develop a hospital on the property to the north. History The site was annexed into the City of Pasco in 1982 (Ordinance 2388) as part of the Northwest Annexation Area and assigned R-T zoning per Resolution 1396. The site is partially undeveloped and partially used for farming. 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 annexed to the City of Pasco in 1982 (Ordinance 2388) and assigned R-T zoning (Ordinance 2388) in conjunction with the annexation. The zoning has not changed since the annexation. 2. The changed conditions, which are alleged to warrant other or additional zoning: Page 93 of 175 3 The property is considered “infill” property as development has occurred around it. Water service has been developed in Road 68; no sewer service is available to the site; the closest sewer service is approximately 96 feet to the west at the corner of Three Rivers Drive and Road 68. The Comprehensive Plan designates this area as mixed residential/commercial which allows a combination of mixed-use residential and commercial in the same development. This designation encourages neighborhood shopping and specialty centers, business parks, service and office uses. The location of a financial institution would increase walkability of services to nearby residential. Properties to the north, northeast, and south have recently been rezoned as follows: 1. Eickmeyer Mullen RT - R-4 Rezone (Z 2022-007) approved 09/19/2022. 2. CBHA Rezone RT to C-1 Rezone (Z 2021-018) approved 03/08/2022. 3. Eickmeyer RT to C-1 (Z 2019-002) to the south, approved 05/06/2019. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety, and general welfare of the community. The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed Residential/Commercial designation allows for a combination of mixed-use residential and commercial in the same development, including single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront. Water service has been developed in Road 68. However, no sewer service is available to the site; the closest sewer service is approximately 96 feet to the west on the corner of Three Rivers Drive and Road 68. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 14) states that land use policies must be coordinated with transportation investments and programs. The balance of these two elements must be strategic to ensure that future residents and businesses benefit from well-connected neighborhoods that allow residents to travel via various modes - walking, bicycling, or public transit, rather than solely relying on private automobiles. The addition of a financial institution in the vicinity of housing developments would increase walkability of services. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: Rezoning from R-T to C-1 would allow for the development of a financial institution. Per PMC 16.15.010, City water and/or sewer service connection to the lot(s), parcel(s) or tract(s) of land sought to be developed shall be a prerequisite to the issuance of a development permit. No development permit shall be issued without compliance with this section except as stated in this chapter. 5. The effect on the property owner or owners if the request is not granted: With the current R-T zoning the property owner could not build a financial institution or any other commercial property development. 6. The Comprehensive Plan land use designation for the property: The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed Residential/Commercial designation allows for a combination of mixed-use residential and commercial in the same development, including Single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty Page 94 of 175 4 centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront. 7. Such other information as the Hearing Examiner requires: Frontage improvements would be required per PMC 21.15.30 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 November 18, 2022. 2. Applicant wishes to rezone a portion of Parcel 116030027 from R-T (Residential Transition) to C- 1 (Retail Business District). 3. The rezone is intended to facilitate the development of a financial institution. 4. The site is located on the western portion of parcel 116030027. 5. The site is surrounded by undeveloped land. 6. The site is located on the southeast corner of Road 68 and Three Rivers Drive. 7. Road 68 is an arterial street. 8. The site was annexed to the City of Pasco in 1982 (Ordinance 2388) as part of the Northwest Annexation Area 9. The site was assigned R-T zoning in conjunction with the annexation (Ordinance 2388). 10. Water service has been developed in in Road 68. 11. No sewer service is available to the site. 12. The closest sewer service is approximately 96 feet to the west at the corner of Road 68 and Three Rivers Drive. 13. The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety, and general welfare of the community. 14. The Comprehensive Plan designates the property “Mixed residential/commercial.” 15. Mixed residential/commercial may be zoned R-1 through R-4, C-1, O, and Waterfront. 16. Mixed residential/commercial designation includes “Neighborhood shopping and specialty centers, business parks, service and office uses.” 17. With the current R-T zoning, the property owner could not build and develop a financial institution. 18. Eickmeyer Mullen RT - R-4 Rezone (Z 2022-007) approved 09/19/2022. 19. CBHA Rezone RT to C-1 Rezone (Z 2021-018) approved 03/08/2022. 20. Eickmeyer RT to C-1 (Z 2019-002) to the south, approved 05/06/2019. 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 Mixed Residential/Commercial uses. The Mixed Residential/Commercial designation allows for a combination of mixed-use residential and commercial in Page 95 of 175 5 the same development, including Single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront. The proposal is consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan Policy Land Use Goals; Land Use Policy LU-4-F similarly suggests the City “Support mixed use, smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community.”. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The Comprehensive Plan indicates the site is intended for Mixed Residential/Commercial uses. The Mixed Residential/Commercial designation allows for a combination of mixed-use residential and commercial in the same development, including Single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses are also encouraged in this Land Use designation. Allowable zoning for Mixed Residential/Commercial includes R-1 through R-4, C-1, O, and Waterfront; As such, this proposal will not be materially detrimental to any future nearby developments. 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 undeveloped land in the vicinity of residential, 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. The Pasco Municipal Code includes design standards for commercial development. If or when applicants pursue the development of this property, they will be required to conform to design standards established by the PMC. No special conditions are proposed. A development permit will not be issued for this project as currently 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 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 a section of the north half of section 9, township 9, range 29 east W.M, (Parcel #116030027), located on the southeast corner of Road 68 and Three Rivers Drive, Pasco, Franklin County, WA, be rezoned from R-T (Residential Transition) to C- 1 (Retail Business District). Page 96 of 175 Page 97 of 175 Page 98 of 175 Page 99 of 175 Page 100 of 175 Page 101 of 175 Page 102 of 175 SEPA 2022-104Z 2022-018ICCU RT to C-1 Page 103 of 175 Page 104 of 175 Looking NorthPage 105 of 175 Looking NortheastPage 106 of 175 Page 107 of 175 Looking NorthPage 108 of 175 Looking NortheastPage 109 of 175 Looking EastPage 110 of 175 Looking EastPage 111 of 175 Looking SoutheastPage 112 of 175 Looking SouthPage 113 of 175 Looking SouthwestPage 114 of 175 Looking WestPage 115 of 175 Looking NorthwestPage 116 of 175 Page 117 of 175 Page 118 of 175 Page 119 of 175 Page 120 of 175 Page 121 of 175 Page 122 of 175 AGENDA REPORT FOR: City Council January 12, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 1/17/23 FROM: Steve Worley, Director Public Works SUBJECT: *Resolution No. 4300 & Ordinance No. 4635 - Change Order No. 11 for the West Pasco Water Treatment Plant and Budget Amendment I. REFERENCE(S): Resolution Change Order Ordinance Change Order Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4300, authorizing the Interim City Manager to execute Change Order No. 11 to the construction contract with Apollo, Inc. for the West Pasco Water Treatment Improvements, Phase 1 Project. MOTION: I move to adopt Ordinance No. 4635, amending the 2023-2024 Capital Projects Biennial Budget (Ordinance No. 4620) by providing supplement thereto; to provide additional appropriation in the City's Water Fund for the West Pasco Water Treatment Plant Phase 1 Project and, future, authorize publication by summary only. III. FISCAL IMPACT: Original Agreement $8,411,830.20 Previous Change Orders Nos. 1-10 $253,724.51 Change Order No. 11 (proposed) $405,827.56 New Agreement Total $9,071,382.27 The adopted budget for the project is insufficient to accommodate this change order. A budget amendment ordinance is presented in the amount of $300,000 along with this change order approval for consideration. Page 123 of 175 Funding for the project is provided as follows: Adopted 2021-2022 Project budget: $9,835,000 Adopted 2023-2024 Project Budget: $0 This project is partially funded by the Department of Health State Revolving Fund. IV. HISTORY AND FACTS BRIEF: Design, permitting, and final cost estimates for this project were completed in late 2021. Phase 1 project consists of the first set of improvements to expand the production capacity of the West Pasco Water Treatment Plant (WPWTP) from 6 million gallons per day (MGD) to 12 MGD, through the installation of membrane treatment units and ancillary equipment, installation of a new process residuals system involving a clarifier and new residuals pump station building, SCADA system upgrades, and other plant improvements. The improvements at this facility provide cost-effective resiliency for the City’s water system as the main water treatment facility (Butterfield WTP) is aging and will be undergoing planned extensive improvements in the coming years. Increasing treatment capacity at the WPWTP provides for additional supply to meet our current and future potable water demands, as well as provide much - needed supply redundancy for existing water customers. With the planned improvements to the Butterfield plant on the near horizon, there is some urgency for completing the Phase I and II improvements. On February 22, 2022, Council awarded the WPWTP Improvements Phase 1 contract to Apollo, Inc. of Pasco, WA in the amount of $8,411,830.20. Since Construction began, the project has required 10 minor change orders for a total of $253,724.51, these were within the delegated approval authority of the City Manager. See the attached summary of previously approved change orders. One additional change order is being presented for Council Approval as follows: • Change Order No. 11: Raw Water Vault Replacement Once Phase 1 project had commenced, and upon further investigation of the existing valves, vaults and piping supplying raw wa ter into the treatment facility, it was discovered that some piping components were severely corroded due to sodium hypochlorite chemical leak. It was determined that replacement was necessary to ensure reliable operation of the water plant. This replacement is critical to maintain water supply to ratepayers. The replacement is best completed at this time, to avoid emergency repairs upon failure, with potential disruption to service during peak water use season. Page 124 of 175 V. DISCUSSION: City Staff recommends approval of the proposed Change Order No. 11 with Apollo, Inc. in the amount of $405,827.56. Page 125 of 175 Resolution – WPWTP Improvements Phase 1 Project - CO 11 - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE CHANGE ORDER NO. 11 TO THE CONSTRUCTION CONTRACT WITH APOLLO, INC. FOR THE WEST PASCO WATER TREATMENT PLANT IMPROVEMENTS PHASE 1 PROJECT. WHEREAS, the City and Apollo, Inc. entered into a Construction Contract on February 22, 2022, to provide improvements for the West Pasco Water Treatment Plant (WPWTP) Improvements project; and WHEREAS, Phase 1 project consists of the first set of improvements to expand the production capacity of the WPWTP from 6 million gallons per day (MGD) to 12 MGD, through the installation of membrane treatment units and ancillary equipment, installation of a new process residuals system involving a clarifier and new residuals pump station building, SCADA system upgrades, and other plant improvements; and WHEREAS, the City and Apollo, Inc. executed Change Order No. 1 through Change Order No. 10 to address site conditions and work not included in the original contract; and WHEREAS, previously approved Change Orders Nos. 1 – 10, were authorized under the authority provided to the City Manager and the Public Works Director; and WHEREAS, the $405,827.56 amount of Change Order No. 11, added to the cumulative sum of previously approved change orders, exceeds the Interim City Manager’s authority, and thus requires Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That Change Order No. 11 to the Construction Contract with Apollo, Inc. is hereby approved by City Council. Section 2. The Interim City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute Change Order No. 11, a copy of which is attached hereto, and incorporated herein by this reference as Exhibit A, on behalf of the City of Pasco. Page 126 of 175 Resolution – WPWTP Improvements Phase 1 Project - CO 11 - 2 PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ______ day of January, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 127 of 175 12/12/2022 EXHIBIT A Page 128 of 175 Ordinance – 2023-2024 Capital Projects Budget Amendment- 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE 2023-2024 BIENNIAL CAPITAL PROJECTS BUDGET (ORDINANCE NO. 4620) BY PROVIDING SUPPLEMENT THERETO; TO PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S WATER FUND FOR THE WEST PASCO WATER TREATMENT PLANT (WPWTP) PHASE 1 PROJECT. WHEREAS, on November 28, 2022, the Pasco City Council approved Ordinance No. 4620, adopting the 2023-2024 Biennial Capital Projects Budget; and WHEREAS, the 2021-2022 Biennial Capital Projects Budget included the West Pasco Water Treatment Plant Phase 1 Project in the amount of $9,835,000 with revenue anticipated from the Water Fund and a secured State Department of Health low-interest loan; and WHEREAS, project costs are anticipated to exceed the currently adopted budget for the project. 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 2023-2024 Biennial Capital Projects Budget be and the same is hereby amended to provide for the following adjustments to revenues, transfers in, expenditures, and transfers out by providing authority for any necessary transfer of money within or between funds indicated, and their subsequent impact to end fund balance: Fund EXPENDITURE REVENUE Construction Fund $300,000 $300,000 Water Utility Fund $300,000 Total $600,000 $300,000 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. 4620 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. Page 129 of 175 Ordinance – 2023-2024 Capital Projects Budget Amendment- 2 PASSED by the City Council of the City of Pasco, Washington this ___ day of _____, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ___________________________ Page 130 of 175 Change Order Summary for West Pasco Water Treatment Plant Phase 1 Project 1) Access Roadway Work- The roadway off of Road 110 was included in the Phase 2 plans but was decided to put in Phase 1 for the ease of access and the contractor would not have to drive thru the existing, operating plant parking lot. $9,114.59 including WSST. Approved by PW Director. 2) CMU Block Wall Changes- Change exterior CMU block wall from smooth face to split face to match existing. $3,614.23 including WSST. Approved by PW Director. 3) Changes to the Clarifier Launder ($7,631.60), deleted 6 trees ($7,340.00), change door hardware $1,915.05. ($14,192.47) including WSST. Approved by Steve Worley, PW Director. 4) Electrical modifications, settled solids piping, concrete testing- Modifications to MCC-2 bucket for flocculation mixer; Adding a valve cluster to send settled solids from clarifier to a future drying bed; Costs due to lost product and labor time costs due to lost product and labor time. $40,558.08 including WSST. Approved by City Manager. 5) Replace Existing Membrane Filter System Valves & Electrical Connections- Bray Valve Connectors $14,789.62; Remove & Replace CIP Valves $16,137.07; and Remove & Replace Membrane Rack Automated Valves $31,975.06. $68,374.20 including WSST. Approved by City Manager. 6) Vault Ladders- Added ladders to the meter vault and raw water purge vault to help maintenance activities. $4,171.72 including WSST. Approved by City Manager. 7) Davit Crane- To ensure a specific Davit crane is acquired and installed to match an existing Davit crane in the water plant. $1,177.66 including WSST. Approved by City Manager. 8) Membrane Storage Recirculation System- To install a temporary chlorination recirculation system to keep the existing membrane rack modules preserved over the winter while the plant is offline. $16,764.32 including WSST. Approved by City Manager. 9) Modify Air Scour Pipe & HVAC Systems- Modify air scour pipe and HVAC systems to install strainer monorail hoist system. $32,568.03 including WSST. Approved by City Manager. 10) Remove Sodium Hypochlorite Tank #2 and Install New Tank- Removal of existing tank, installation of new tank, installation of new roll-up door, relocation of eye wash, alarm & conduit, and chemical lines to allow for installation of new roll-up door. New tank provided by owner. $91,574.14 including WSST. Approved by City Manager. Page 131 of 175 AGENDA REPORT FOR: City Council December 20, 2022 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 1/17/23 FROM: Steve Worley, Director Public Works SUBJECT: *Resolution No. 4301 & Ordinance No.4636 - Amendment No. 1 to the Pre-construction Funding Agreement with the Department of Ecology for the Wastewater Treatment Plant Improvements Phase 1 & 2 and Budget Adjustment I. REFERENCE(S): Resolution Ordinance Amendment II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4301, authorizing the Interim City Manager to execute Amendment No. 1 to the Water Quality Combined Financial Assistance Agreement with the Department of Ecology for the Wastewater Treatment Plant Phases 1 & 2 Projects. MOTION: I move to adopt Ordinance No. 4636, amending the 2023 -2024 Biennial Capital Projects Budget (Ordinance No. 4620) of the City of Pasco, Washington, additional to thereto; provide providing by supplement appropriation in the City’s Sewer fund for the Wastewater Treatment Plant Phases 1 & 2 Projects and, further, authorize publication by summary only. III. FISCAL IMPACT: Original Ecology Funding Agreement $4,932,429.00 Amendment No. 1 (proposed) $600,000.00 New Funding Agreement Total $5,532,429.00 IV. HISTORY AND FACTS BRIEF: with The Water Quality Combined Financial Assistance Agreement the Department of Ecology was approved by Council on March 15, 2021, for the Page 132 of 175 Wastewater Treatment Plant Improvements (Clean Water Preservation) Project Phases 1 & 2. This project will improve water quality in the Columbia River through the design of upgraded and expanded wastewater treatment facilities at the Pasco Wastewater Treatment Plant (WWTP). The Phase 2 improvements focus on the secondary treatment process, solids handling and treatme nt systems, UV disinfection facility, and river outfall piping and diffuser. V. DISCUSSION: At the request of City Staff, the Department of Ecology agreed to amend the City’s current funding agreement to account for additional eligible costs that have been identified and exceed our original funding award. A summary of the additional eligible costs is provided below. This funding agreement amendment allows the City to receive low interest state loan dollars for expenditures previously covered by funds generated by customer rates. This amendment benefits the ratepayers by minimizing the impact of these costs. Eligible costs to be covered by agreement: Phase 1 project - Rebid Expenditures: Phase 1 project was bid and received a protest. After coordination with the City’s legal team, all bids had to be rejected. The language in the contract documents was subject to revisions, and the project was put out to bid a second time. Additional costs associated with engineering labor, staff time, legal services and re-advertisements were incurred. Phase 2 - Additional Design Activities: The design of Phase 2 required activities that were not originally included in the anticipated scope of the loan agreement. Those additional activities include: • It was identified early in the project that bidding the outfall portion of the Phase 2 project separately from the uplands portions of the plant work was in the City’s best interest due to the specialty nature of the outfall’s in-water work, and its magnitude compared to Treatment Plant work. This is anticipated to provide substantial cost savings to the project and simplify the implementation of the bidder supplemental responsibility criteria. Additional costs associated with consultant engineering labor and City staff were incurred as well as duplicated bid advertisement costs. Ultimately, while the Design phase cost increased, this separation of bids should result in a net benefit for the project overall. Page 133 of 175 • Additional consultant and staff costs were incurred during participation in a third-party constructability review of the 100% plans and specs, as an additional bid package was prepared. A small impact on design costs, which is likely to prevent impactful change orders during the construction phase, again, resulting in a net benefit to the overall project. • Through the permitting process, DNR required the existing outfall and diffuser to be removed. Original project assumptions considered these components to be abandoned in place. The design and addit ional exploration of soils in this underwater location increased the cost of design tasks. • In response to concerns expressed by tribes during the regulatory cultural review and consultation process, archeological monitoring of sediment samples within the outfall area was required. These monitoring costs were not anticipated in the original scope of work. These samples were performed and their results were included in the bid documents to provide prospective bidders with a better definition of site cond itions, for work associated with outfall and diffuser installation, as well as the removal of existing outfall and diffuser. These sediment samples served multiple purposes, as they were also used to confirm that contaminated soils are not anticipated to occur within the project area. This information should support better bids. • The in-water permitting process was at risk due to labor shortages at National Marine Fisheries Service (NMFS). In an effort to expedite the NMFS review and issuance of determination, the City’s consultant team prepared a Biological Opinion and provided it to NMFS. This work is typically performed by the oversight agency instead of the applicant, resulting in an additional cost to the project. This allowed the City to receive permits in time with no impact to the project schedule. Also, this added effort allowed the City to be eligible for construction funding through Ecology in time for the 2022 application to be considered. • Industry-wide, the City has seen costs increase substantially for both consulting services and the construction industry. Fees for this work were forecasted a number of years back when the funding was applied for (2019). Negotiated Professional Services Agreement for de sign services exceeded the amounts forecasted. Staff recommends approval of Amendment No. 1 to the funding agreement with the State of Washington Department of Ecology in the amount of $600,000.00 for the Wastewater Treatment Plant Improvements Phases 1 & 2. Page 134 of 175 Resolution: DOE – Amendment No. 1 for the WWTP Improvements Project Phase s 1 & 2 - 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THE WASTEWATER TREATMENT PLANT PHASES 1 & 2 PROJECTS. WHEREAS, the Wastewater Treatment Plant (WWTP) Phase 1 & 2 projects improve water quality in the Columbia River through the design of wastewater treatment facilities at the City of Pasco’s WWTP; and WHEREAS, the Washington State Department of Ecology (DOE) awarded a low-interest loan to the City in the amount of $4,932,429 for design of the WWTP improvements, Phases 1 and 2, and fulfill the requirements of the National Pollutant Discharge Elimination System (NPDES) permit for current and projected flows; and WHEREAS, the City and DOE would like to amend the original agreement to account for additional eligible costs identified in these projects and exceed our current funding award; and WHEREAS, the parties hereto desire to modify agreement WQC-2021-Pasco-00020 by entering into Amendment No. 1 for an additional award amount of $600,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Pasco City Council approves Amendment No. 1 to the Water Quality Combined Financial Assistance Agreement with the Washington State Department of Ecology. Be It Further Resolved that the Interim City Manager for the City of Pasco is hereby authorized to execute the Amendment No. 1, a copy of which is attached hereto, and incorporated by this reference, as Exhibit A. Be It Further Resolved that this Resolution shall take effect immediately. Page 135 of 175 Resolution: DOE – Amendment No. 1 for the WWTP Improvements Project Phase s 1 & 2 - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of January, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 136 of 175 AMENDMENT NO. 1 TO AGREEMENT NO. WQC-2021-Pasco-00020 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF PASCO PURPOSE: To amend the above-referenced agreement (AGREEMENT) between the state of Washington Department of Ecology (ECOLOGY) and City of Pasco (RECIPIENT) for the Clean Water Preservation Project, Phases 1 and 2 (PROJECT). This amendment is needed to change the scope of work and increase the funding as a result of unforeseen events including: 1) A bid protest that resulted in rejecting all bids and rebidding the project; 2) Due to the special nature of the outfall work, it was determined to be in the best interest of the RECIPIENT to bid the Outfall separately from the uplands plant work; 3) The permitting process identified addition work originally thought to be unnecessary; 4) As a result of the cultural resource consultation the RECIPIENT will be providing archeological monitoring within the outfall area and sampling during in-water work; 5) To speed up the environmental review process the RECIPIENT will have a Biological Opinion prepared; and 6) Industry-wide cost increases for both construction and consulting services have resulted in higher than anticipated costs. 1) The scope of work is changed to include: 1) Include the removal of the existing outfall piping and diffuser as part of the Phase 2 improvements; 2) Increase the Task 2 budget to include an additional $600,000 to cover the removal costs and the other additional expenditures for items already included in the scope of work. 2) The Initiation of Operation Date of December 31, 2023, and Completion Date of December 31, 2023, remain the same. Based on this date, loan repayment will begin no later than December 31, 2024. 3) The Loan (EL210165) Amount is increased by $600,000, from $4,932,429, to $5,532,429. 4) Estimated Loan Repayment Schedule 0287 created on January 15, 2021, will be replaced by Estimated Loan Repayment Schedule 0590, created on December 14, 2022. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Total Cost: Original: 4,932,429.00 Amended: 5,532,429.00 Total Eligible Cost: Original: 4,932,429.00 Amended: 5,532,429.00 Template Version 10/30/2015 EXHIBIT A Page 137 of 175 State of Washington Department of Ecology City of Pasco Clean Water Preservation Project, Phases 1 and 2 Project Agreement No. WQC-2021-Pasco-00020 Page 2 of 5 CHANGES TO THE BUDGET Funding Distribution EL210165 Title:CWSRF-SFY21 (State) Type:State Funding Source %:100% Description:The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State Revolving Fund (SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part K). Washington State administers the program under Chapter 173-98 WAC. The portion of this project funded with this funding distribution comes from non-federal source and are not subject to Federal Funding Accountability and Transparency Act (FFATA) and Single Audit Act (SAA). However, this project is subject to the federal requirements outlined in Section 4 and 5 of agreement terms and conditions. Fund:FD0727 Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? Approved State Indirect: 30% 0% No No No Effective Interest Rate: 1.2% Interest Rate: 0.9% Admin Charge: 0.3% Terms:20 years Project Start Date: 01/01/2020 Project Completion Date: 12/31/2023 Estimated Initiation of Operation date: Loan Security: Final Accrued Interest: Final Loan Amount: Repayment Schedule Number: 12/31/2023 Revenue Secure Lien Obligation of the Recipient $ $ 590 Funding Title: Funding Expiration Date: Funding Type: Funding Source: Funding Effective Date: SRF Loan Loan 01/01/2020 12/31/2023 SRF Loan Task Total Grant and Loan Administration $5,000.00 Design Phase 1 and 2 $5,527,429.00 Total: 5,532,429.00$ Template Version 10/30/2015 Page 138 of 175 State of Washington Department of Ecology City of Pasco Clean Water Preservation Project, Phases 1 and 2 Project Agreement No. WQC-2021-Pasco-00020 Page 3 of 5 CHANGES TO SCOPE OF WORK Task Number:2 Task Cost: $5,527,429.00 Task Title:Design Phase 1 and 2 Task Description: A. The RECIPIENT will procure engineering services in accordance with state law . The RECIPIENT will include ECOLOGY’s specification insert in the contract documents . The RECIPIENT must upload all contracts for engineering services to EAGL before ECOLOGY will provide reimbursement for work performed under this task . B. The RECIPIENT will design the Phase 1 and 2 secondary treatment process and outfall improvements. Plans and specifications developed by the RECIPIENT must be consistent with the requirements of Chapter 173-240 WAC. Elements of the design will include: Phase 1 Improvements: 1. Primary effluent reroute modification 2. Expanded aeration basin influent channel 3. Two new aeration basins with internal baffles, fine bubble diffusers, anoxic selector zones with mechanical mixers and mixed liquor recycle system 4. Retrofit of two existing aeration basins to match configuration of new basins 5. Return Activated Sludge system modification 6. Expanded aeration basin effluent splitter structure 7. Air piping modifications and expansion 8. New high speed turbo blowers 9. Blower building expansion 10. Outfall improvements including effluent flowmeter facility and replacement of approximately 1,200 lineal feet of outfall piping (in-land work only) 11. Electrical, instrumentation and controls upgrades 12. Demolition of existing rock trickling filter, trickling filter pump station and intermediate clarifier sludge pumps Phase 2 Improvements: 1. Mechanical waste activated sludge thickening improvements 2. Mechanical dewatering addition 3. Replace existing UV system with higher capacity UV system 4. New Columbia River diffuser and replacement of approximately 1,000 lineal feet of outfall piping 5. Electrical, instrumentation and controls upgrades 6. Demolition of existing intermediate clarifier C. The plans and specifications, construction contract documents, and addenda will be approved by the RECIPIENT prior to submittal for ECOLOGY review. All construction plans submitted to ECOLOGY for review and approval will be reduced to no larger than 11" x 17" in size. All reduced drawings will be completely legible. The project manager may request plans be submitted in either PDF or AutoCAD electronic format, and specifications in a searchable PDF or Microsoft Word electronic Template Version 10/30/2015 Page 139 of 175 State of Washington Department of Ecology City of Pasco Clean Water Preservation Project, Phases 1 and 2 Project Agreement No. WQC-2021-Pasco-00020 Page 4 of 5 file. A current construction cost estimate will be submitted along with each plan /specification submittal. D. The RECIPIENT will conduct appropriate environmental reviews of the project . The RECIPIENT will provide a complete SERP information package with a SERP Cover Sheet at the time plans and specification are submitted to ECOLOGY for approval. The RECIPIENT will include the SEPA checklist and threshold determination, documentation of public participation, required cultural resources form, and required Environmental Justice information. E. As a condition of receiving this funding, the RECIPIENT will review their energy use looking for cost effective energy savings. The recipient may also submit documentation of an energy efficiency review conducted within the last 5 years. F. The RECIPIENT will conduct appropriate cultural resources reviews of the project . The RECIPIENT will provide a 05-05/106 Cultural Resources Review form. The RECIPIENT will complete an Ecology inadvertent discovery plan template for the project and provide any additional information for ECOLOGY to lead the required cultural resources consultation . Task Goal Statement: See Overall Goal. Task Expected Outcome: See Overall Goal. Deliverables Due DateDescriptionNumber 2.1 Executed contract(s) for engineering services and documentation of the RECIPIENT’s process for procuring engineering services . 2.2 Two copies of the draft and final design for Ecology approval. 2.3 Complete SERP Information Package. 2.4 Documentation of an energy efficiency review. 2.5 05-05/106 Cultural Resources Review form. 2.6 Inadvertent Discovery Plan. Template Version 10/30/2015 Page 140 of 175 State of Washington Department of Ecology City of Pasco Clean Water Preservation Project, Phases 1 and 2 Project Agreement No. WQC-2021-Pasco-00020 Page 5 of 5 CHANGES TO SCOPE OF WORK Task Number:3 Task Cost: $0.00 Task Title:Design Phase 1 and 2 Continued Task Description: Due to a Scope of Work Task character limit in EAGL, it is necessary to add Task 3 to include the following language to Task 2, Item B. Any additional funding provided for this item is included in and should be drawn from the Task 2 budget. 7. Removal of the existing outfall piping and diffuser . Task Goal Statement: See overall goal. Task Expected Outcome: See overall goal. Deliverables Due DateDescriptionNumber 3.1 See deliverables in Task 2. Funding Distribution Summary Recipient / Ecology Share Funding Distribution Name Recipient Match %Recipient Share Ecology Share Total SRF Loan 0 %$$$0.00 5,532,429.00 5,532,429.00 Total 0.00 5,532,429.00 $$$5,532,429.00 Template Version 10/30/2015 Page 141 of 175 Estimated loan repayment schedule Loan number:EL210165 Agreement #:WQC-2021-Pasco-00020 Recipient name:PASCO CITY OF Amortization method:Compound-365 D/Y Initiation of Operations:12/31/2023 Project Completion:12/31/2023 Schedule number:AS-000000590 Loan amount:$5,532,429.00 Term of loan:20 Years Effective interest rate:1.200% Interest compounded:Monthly Loan date:12/31/2024 Schedule creation date:12/14/2022 Payment number Due date Payment amount Principal amount Interest amount Admin amount Balance amount 1 12/31/2024 156,973.38 90,033.88 50,204.62 16,734.88 5,442,395.12 2 6/30/2025 156,973.38 124,237.26 24,552.09 8,184.03 5,318,157.86 Subtotal FY 2025 313,946.76 214,271.14 74,756.71 24,918.91 5,318,157.86 3 12/30/2025 156,973.38 124,984.55 23,991.62 7,997.21 5,193,173.31 4 6/30/2026 156,973.38 125,736.34 23,427.78 7,809.26 5,067,436.97 Subtotal FY 2026 313,946.76 250,720.89 47,419.40 15,806.47 5,067,436.97 5 12/30/2026 156,973.38 126,492.65 22,860.55 7,620.18 4,940,944.32 6 6/30/2027 156,973.38 127,253.50 22,289.91 7,429.97 4,813,690.82 Subtotal FY 2027 313,946.76 253,746.15 45,150.46 15,050.15 4,813,690.82 7 12/30/2027 156,973.38 128,018.93 21,715.84 7,238.61 4,685,671.89 8 6/30/2028 156,973.38 128,788.97 21,138.31 7,046.10 4,556,882.92 Subtotal FY 2028 313,946.76 256,807.90 42,854.15 14,284.71 4,556,882.92 9 12/30/2028 156,973.38 129,563.64 20,557.30 6,852.44 4,427,319.28 10 6/30/2029 156,973.38 130,342.97 19,972.81 6,657.60 4,296,976.31 Subtotal FY 2029 313,946.76 259,906.61 40,530.11 13,510.04 4,296,976.31 11 12/30/2029 156,973.38 131,126.98 19,384.80 6,461.60 4,165,849.33 12 6/30/2030 156,973.38 131,915.71 18,793.25 6,264.42 4,033,933.62 Subtotal FY 2030 313,946.76 263,042.69 38,178.05 12,726.02 4,033,933.62 13 12/30/2030 156,973.38 132,709.19 18,198.14 6,066.05 3,901,224.43 14 6/30/2031 156,973.38 133,507.44 17,599.45 5,866.49 3,767,716.99 Subtotal FY 2031 313,946.76 266,216.63 35,797.59 11,932.54 3,767,716.99 15 12/30/2031 156,973.38 134,310.49 16,997.17 5,665.72 3,633,406.50 16 6/30/2032 156,973.38 135,118.37 16,391.26 5,463.75 3,498,288.13 Subtotal FY 2032 313,946.76 269,428.86 33,388.43 11,129.47 3,498,288.13 17 12/30/2032 156,973.38 135,931.11 15,781.70 5,260.57 3,362,357.02 18 6/30/2033 156,973.38 136,748.74 15,168.48 5,056.16 3,225,608.28 Page 142 of 175 Payment number Due date Payment amount Principal amount Interest amount Admin amount Balance amount Subtotal FY 2033 313,946.76 272,679.85 30,950.18 10,316.73 3,225,608.28 19 12/30/2033 156,973.38 137,571.28 14,551.57 4,850.53 3,088,037.00 20 6/30/2034 156,973.38 138,398.78 13,930.95 4,643.65 2,949,638.22 Subtotal FY 2034 313,946.76 275,970.06 28,482.52 9,494.18 2,949,638.22 21 12/30/2034 156,973.38 139,231.25 13,306.60 4,435.53 2,810,406.97 22 6/30/2035 156,973.38 140,068.73 12,678.49 4,226.16 2,670,338.24 Subtotal FY 2035 313,946.76 279,299.98 25,985.09 8,661.69 2,670,338.24 23 12/30/2035 156,973.38 140,911.24 12,046.60 4,015.54 2,529,427.00 24 6/30/2036 156,973.38 141,758.83 11,410.91 3,803.64 2,387,668.17 Subtotal FY 2036 313,946.76 282,670.07 23,457.51 7,819.18 2,387,668.17 25 12/30/2036 156,973.38 142,611.51 10,771.40 3,590.47 2,245,056.66 26 6/30/2037 156,973.38 143,469.32 10,128.04 3,376.02 2,101,587.34 Subtotal FY 2037 313,946.76 286,080.83 20,899.44 6,966.49 2,101,587.34 27 12/30/2037 156,973.38 144,332.29 9,480.82 3,160.27 1,957,255.05 28 6/30/2038 156,973.38 145,200.45 8,829.70 2,943.23 1,812,054.60 Subtotal FY 2038 313,946.76 289,532.74 18,310.52 6,103.50 1,812,054.60 29 12/30/2038 156,973.38 146,073.84 8,174.65 2,724.89 1,665,980.76 30 6/30/2039 156,973.38 146,952.47 7,515.68 2,505.23 1,519,028.29 Subtotal FY 2039 313,946.76 293,026.31 15,690.33 5,230.12 1,519,028.29 31 12/30/2039 156,973.38 147,836.39 6,852.74 2,284.25 1,371,191.90 32 6/30/2040 156,973.38 148,725.63 6,185.81 2,061.94 1,222,466.27 Subtotal FY 2040 313,946.76 296,562.02 13,038.55 4,346.19 1,222,466.27 33 12/30/2040 156,973.38 149,620.22 5,514.87 1,838.29 1,072,846.05 34 6/30/2041 156,973.38 150,520.19 4,839.89 1,613.30 922,325.86 Subtotal FY 2041 313,946.76 300,140.41 10,354.76 3,451.59 922,325.86 35 12/30/2041 156,973.38 151,425.57 4,160.86 1,386.95 770,900.29 36 6/30/2042 156,973.38 152,336.40 3,477.73 1,159.25 618,563.89 Subtotal FY 2042 313,946.76 303,761.97 7,638.59 2,546.20 618,563.89 37 12/30/2042 156,973.38 153,252.71 2,790.50 930.17 465,311.18 38 6/30/2043 156,973.38 154,174.52 2,099.14 699.72 311,136.66 Subtotal FY 2043 313,946.76 307,427.23 4,889.64 1,629.89 311,136.66 39 12/30/2043 156,973.38 155,101.89 1,403.62 467.87 156,034.77 40 6/30/2044 156,973.32 156,034.77 703.91 234.64 0.00 Subtotal FY 2044 313,946.70 311,136.66 2,107.53 702.51 0.00 Grand total 6,278,935.14 5,532,429.00 559,879.56 186,626.58 0.00 Page 143 of 175 Ordinance – 2023-2024 Capital Projects Budget Amendment- 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE 2023-2024 BIENNIAL CAPITAL PROJECTS BUDGET (ORDINANCE NO. 4620) BY PROVIDING SUPPLEMENT THERETO; TO PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S SEWER FUND FOR THE WASTEWATER TREATMENT PLANT (WWTP) PHASES 1 & 2 PROJECTS. WHEREAS, on November 28, 2022, the Pasco City Council approved Ordinance No. 4620, adopting the 2023-2024 Biennial Capital Projects Budget; and WHEREAS, the 2023-2024 Biennial Capital Projects Budget included the Wastewater Treatment Plant Phases 1 & 2 Projects in the amount of $28,000,000 with revenue anticipated from the Sewer Fund and secured low-interest loans; and WHEREAS, the City is in receipt of a pre-construction low-interest loan for $4,921,000 funded through the Washington State Department of Ecology for design of Phases 1 and 2 of WWTP Improvements; and WHEREAS, said loan is being amended for an additional $600,000, for a total of 5,521,000; and 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 2023-2024 Biennial Capital Projects Budget be and the same is hereby amended to provide for the following adjustments to revenues, transfers in, expenditures, and transfers out by providing authority for any necessary transfer of money within or between funds indicated, and their subsequent impact to end fund balance: Fund EXPENDITURE REVENUE Sewer - Department of Ecology Low interest loan $600,000 Sewer – Wastewater Treatment Plant Phase 1 & 2 $600,000 Total $600,000 $600,000 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. 4620 as previously adopted heretofore shall remain unchanged. Page 144 of 175 Ordinance – 2023-2024 Capital Projects Budget Amendment- 2 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, on this ___ day of January, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ___________________________ Page 145 of 175 AGENDA REPORT FOR: City Council January 5, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 1/17/23 FROM: Steve Worley, Director Public Works SUBJECT: *Resolution No. 4302 - Washington State Department of Fish & Wildlife Mitigation Agreement for the PWRF Pretreatment Improvements Phase 2 Project I. REFERENCE(S): Resolution Mitigation Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4302, authorizing the Interim City Manager to enter into an Agreement for the Shrubsteppe Impact Mitigation for the Pasco Wastewater Reuse Facility expansion with Franklin County and the Washington Department of Fish and Wildlife. III. FISCAL IMPACT: The Agreement for the Shrubbsteppe Impact Mitigation for the Pasco Wastewater Reuse Facility (PWRF) Expansion (Agreement) is structured to provide a one-time lump-sum payment of $180,000, or five annual payments totaling $198,972, based on values in Table 1. The Agreement also states that Table 1 shall be used for compensatory mitigation, as required, by future expansions of the PWRF. Year Cost/Acre of Mitigation 2022 $1,000 2023 $1,050 2024 $1,103 2025 $1,158 2026 $1,216 2027 $1,276 Etc. Etc. Page 146 of 175 IV. HISTORY AND FACTS BRIEF: The City performed a National Environmental Policy Act (NEPA) biological consultation as a prerequisite for the purchase of land from the United States Bureau of Reclamation (USBR). The subject parcel will be the site for the proposed winter storage ponds for the PWRF Phase 2 project. This parcel is immediately adjacent to, and north of, the existing PWRF facility. As part of the NEPA process led by USBR, the Washington Department of Fish and Wildlife (Fish and Wildlife) identified the need for mitigation of eliminating existing shrubbsteppe on the parcel and the subject Agreement was prepared to facilitate the expeditious permitting of the PWRF expansion project. A Franklin County Conditional Use Permit (CUP) is required for the proposed work at the PWRF. To support the CUP application, the City also prepared a State Environmental Policy Act (SEPA) checklist for the proposed expansion project. The Franklin County Planning Commission held a Public Hearing to discuss the project CUP application and SEPA checklist on January 10, 2023. At this hearing, the Planning Commission moved to forward the CUP application to the Board of County Commissioners with a positive recommendation based on several findings of fact and conditions of approval. During the meeting, County Planning Staff advised the Commissioners that in addition to their approval stipulations, the PWRF expansion will also be subject to of incorporation City agencies. the various from requirements State shrubsteppe mitigation requirements outlined in the Agreement will fulfill one such supplemental condition from Fish and Wildlife. It is anticipated that final Franklin County approval of the Agreement will occur at a future County Commissioners Meeting in early 2023. V. DISCUSSION: Fish and Wildlife offered a Mitigation Agreement that provides for making a payment in lieu of developing physical mitigation on nearby property. It is not uncommon for state agencies to combine these mitigation monies that are collected from one or multiple impact projects to finance larger enhancement projects that provide greater mitigation benefits. Staff supports payment in lieu of physical mitigation and in fact, proposes to use a similar approach to mitigate shrubsteppe habitat impacts on other projects (i.e. the Broadmoor area improvements) in the future. Impact Shrubbsteppe the of staff recommends City Mitigation approval Agreement with Franklin County and the Washington Department of Fish and Wildlife for the PWRF Pretreatment Improvements Phase 2 Project. Page 147 of 175 Resolution – WSDFW Shrubsteppe Impact Mitigation Agreement - Page 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO AN AGREEMENT FOR SHRUBSTEPPE IMPACT MITIGATION FOR THE PASCO WASTEWATER REUSE FACILITY EXPANSION WITH FRANKLIN COUNTY AND THE WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE. WHEREAS, Franklin County is the lead agency for the Pasco Wastewater Reuse Facility (PWRF) Pretreatment Improvements Phase 2 project located in Franklin County; and WHEREAS, the Washington State Department of Fish and Wildlife (Fish and Wildlife) serves as Washington’s principal agency on species protection and conservation (RCW Title 77); and WHEREAS, the expansion of the PWRF (Parcels Nos. 124710054, 113090058, and 113090085) will permanently impact 90 acres identified as a Fish and Wildlife Habitat Conservation Area and priority shrubsteppe habitat; and WHEREAS, Franklin County Code (FCC) 18.08.070 (43)(E) provides a sequential order of mitigation preferences (avoid, minimize, rectify, and compensate) and FCC 18.08.550 (E)(4) requires compensation for impacts by replacing, enhancing or providing substitute resources; and WHEREAS, the City agrees to proactively mitigate all impacts that degrade the functions and values of Fish and Wildlife Habitat Conservation Areas; and WHEREAS, the Parties have mutually developed an acceptable Mitigation Agreement as an outcome of the National Environmental Policy Act (NEPA) biological consultation conducted prior to State Environmental Policy Act (SEPA) review of the project; and WHEREAS, performance of the terms of the Agreement will provide full mitigation for these impacts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Interim City Manager is hereby authorized to execute the attached Mitigation Agreement for the PWRF Pretreatment Improvements Phase 2 project, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved that the Interim City Manager is hereby authorized to make minor, substantive edits to the Mitigation Agreement as needed by all parties. Page 148 of 175 Resolution – WSDFW Shrubsteppe Impact Mitigation Agreement - Page 2 Be It Further Resolved that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of January, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 149 of 175 Agreement - Shrubsteppe Impact Mitigation for PWRF- 1 AGREEMENT FOR SHRUBSTEPPE IMPACT MITIGATION FOR THE PASCO WASTEWATER REUSE FACILITY EXPANSION, PASCO, FRANKLIN COUNTY THIS AGREEMENT, made and entered into this _____ day of _______________, 20___, by and between the Franklin County Planning Department, having offices at 502 West Boeing Street, Pasco, WA 99301, hereinafter referred to as “COUNTY,” the City of Pasco, having offices at 525 North 3rd Avenue, Pasco, WA 99301, hereinafter referred to as “CITY,” and the Washington Department of Fish and Wildlife, having offices at 2620 North Commercial Avenue, Pasco, WA 99301, and hereinafter referred to as “FISH AND WILDLIFE,” jointly referred to as “PARTIES.” BACKGROUND The CITY is the lead agency for the Pasco Wastewater Reuse Facility Expansion (PWRF) located in Franklin County. The PARTIES have mutually developed an acceptable Mitigation Agreement prior to SEPA or a critical areas report. Performance of the terms of the Agreement will provide full mitigation for these impacts. The initial PWRF expansion encompasses parcels 124710054, 113090058, and 113090085 (Attachement 1) and will include additional parcels as needed by the PWRF. The COUNTY has authority to issue building permits for development within the county, including at the PWRF, and to enforce its Critial Areas Ordinance for future such development. The PWRF will permanently convert lands designated by the COUNTY as a Fish and Wildlife Habitat Conservation Area and designated by FISH AND WILDLIFE as priority shrubsteppe habitat. (Attachment 1, MAP). The PARTIES have agreed that the PWRF on the above-three mentioned parcels will result in the loss of 90 acres of shrubsteppe habitat. The PARTIES have agreed that mitigation for expansion beyond the initial three parcels are also covered in this Agreement and that the per acre value will increase as shown in Table 1. The PARTIES have agreed on a 2:1 mitigation ratio for the loss of shrubsteppe habitat, resulting in a 180 acre mitigation obligation. The PARTIES have agreed on a 2:1 mitigation ratio for the loss of shrubsteppe habitat in parcels beyond the initial three parcels. COUNTY, CITY, and FISH AND WILDLIFE agree that an in lieu monetary payment to a third party at the time that the affecting development is approved provides acceptable mitigation. EXHIBIT A Page 150 of 175 Agreement - Shrubsteppe Impact Mitigation for PWRF- 2 RELATIONSHIPS OF PARTIES The PARTIES intend that the relationship created by the Agreement will be structured to provide a one-time lump-sum payment of $180,000 or five annual payments totalling $198,972 based on per acre value in Table 1 for compensatory mitigation for the initial expansion and also be used for additional expansion. The COUNTY and CITY are interested in proactively satisfying the compensatory mitigation for permanent impacts to a Fish and Wildlife Conservation Area in the COUNTY’s Critical Areas Ordinance. FISH AND WILDLIFE is interested in the conservation and management of native habitats and wildlife species. STATEMENTS OF FACT WHEREAS, the development of the PWRF (Parcels 124710054, 113090058, and 113090085) will permanently impact 90 acres indentified as a Fish and Wildlife Habitat Conservation Area and priority shrubsteppe habit; and WHEREAS, Franklin County Code (FCC) 18.08.070 (43)(E) provides a sequential order of mitigation preferences (avoid, minimize, rectify, and compensate) and FCC 18.08.550 (E)(4) requires compensation for impacts by replacing, enhancing or providing substitute resources; and WHEREAS, the CITY agrees to proactively mitigate all impacts that degrade the functions and values of Fish and Wildlife Habitat Conservation Areas prior to a critical area study, mitigation plan, and SEPA requirements; and WHEREAS, FISH AND WILDLIFE serves as Washington’s principal agency on species protection and conservation (RCW Title 77). AGREED MITIGATION NOW, THEREFORE, for and in consideration set for herein, the PARTIES hereby mutually agree as follows: 1. FISH AND WILDLIFE agrees that that the requirements of this Agreement will provide adequate mitigation for permanent impacts to shrubsteppe habitat, located in Franklin County, parcels 124710054, 113090058, and 113090085, as well as any other parcel that supports shrubsteppe habitat that the PWRF may expand into. 2. The PARTIES agree that the in lieu monetary payment consistent with the terms of this Agreement, designated “SHRUBSTEPPE IMPACT MITIGATION FOR THE PASCO WATER REUSE FACILITY,” shall be made to the Franklin County Conservation District and will occur in a single lump sum payment of $180,000, or in five annual payments totaling $198,972 based on the per acre value in Table 1 and will be enforced by Franklin County. The payments shall be designated as “SHRUBSTEPPE IMPACT MITIGATION FOR THE PASCO WATER REUSE FACILITY.” Page 151 of 175 Agreement - Shrubsteppe Impact Mitigation for PWRF- 3 3. The PARTIES agree to an initial per acre mitigation value of $1,000.00 that will increase 5% per year as shown in the following Table 1: Table 1. Year Cost/Acre of Mitigation 2022 1,000 2023 1,050 2024 1,103 2025 1,158 2026 1,216 2027 1,276 Etc. Etc. 4. The PARTIES agree that this Agreement is for a period of 10 years in which all mitigation obligations for the initial expansion need to be completed in the first 5 years. 5. The PARTIES agree that the Franklin County Conservation District will serve as the repository of the mitigation funds, and through separate agreement with FISH AND WILDLIFE, will work with Franklin County Conservation District and others to conserve and restore native shrubsteppe habitat and wildlife within Franklin County, which may include permanent habitat protection through acquisition. 6. FISH AND WILDLIFE, through a separate binding agreement with Franklin County Conservation District, shall require the monies to be used by the Franklin County Conservation District, in collaboration with FISH AND WILDLIFE, specifically for conservation and restoration of native shrubsteppe habitat and wildlife in Franklin County, Washington, which may include permanent habitat protection through restoration, acquisitions, or conservation easements. 7. The CITY shall provide notice to FISH AND WILDLIFE when any in lieu mitigation payment is assessed by the CITY, so as to faciltiate tracking of in lieu mitigation over the life of the agreement. 8. This AGREEMENT pertains only to mitigation for effects to shrubsteepe habitat by the PWRF, and does not preclude or bar FISH AND WILDLIFE from otherwise participating in land use or permitting decisionmaking by the CITY or COUNTY with regard to any other environmental impacts of PWRF. 9. The COUNTY agrees to apply and enforce the in lieu payment requirements of this Agreement. The FISH AND WILDLIFE agrees to provide technical assistance to the Franklin County Conservation District and CITY to appropriately apply the mitigation funds in the public interest for the purposes specified above. 10. This Agreement contains all the terms and conditions agreed upon by the PARTIES. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the PARTIES hereto. Page 152 of 175 Agreement - Shrubsteppe Impact Mitigation for PWRF- 4 11. This Agreement may be amended only by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 12. The COUNTY, CITY, and FISH AND WILDLIFE reserve all rights to enforce the terms of this Agreement. Venue shall be in Thurston County Superior Court or Franklin County Superior Court. DATED this day of , 20___. CITY OF PASCO By: ________________________________ Adam Lincoln, Interim City Manager STATE OF WASHINGTON DEPARTMENT OF FISH AND WILDLIFE By: ________________________________ _______________, _______________ BOARD OF COUNTY COMMISSIONERS Franklin County, Washington By: ________________________________ _______________, Chairman By: ________________________________ _______________, Chair Pro Tem By: ________________________________ _______________, Member Page 153 of 175 Agreement - Shrubsteppe Impact Mitigation for PWRF- 5 Attachement 1. Maps showing location of parcels and acres of impacted shrubsteppe (top) and designated by FISH AND WILDLIFE as priority shrubsteppe habitat and, by incorporation, COUNTY as a Fish and Wildlife Habitat Conservation Area (bottom; mustard/golden pixels and polygons) Page 154 of 175 AGENDA REPORT FOR: City Council January 10, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 1/17/23 FROM: Rick White, Director Community & Economic Development SUBJECT: Resolution No. 4303 - Considerations for Retail Sales of Cannabis I. REFERENCE(S): Proposed Resolution Options City - Wide Buffer Map City - Commercial - Industrial Zones Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION A: I move to approve Resolution No. 4303, directing the City staff to draft an ordinance to amend PMC 25.10.020 and PMC 25.90, PMC 25.100, PMC 25.115, PMC 25.120, and PMC 25.125 to allow the retail sale of cannabis in the C-2; C-3; I-1; I-2 and I-3 Zoning Districts. or MOTION B: I move to approve Resolution No. 4303, directing the City staff to draft an ordinance to amend PMC 25.10.020 and PMC 25.115, PMC 25.120, AND PMC 25.125 to allow the retail sale of cannabis by process of a conditional use permit in the I -1; I-2 and I-3 Zoning Districts. or MOTION C: I move to approve Resolution No. 4303, directing the City staff to draft an ordinance to amend PMC 25.10.020 and PMC 25.115, PMC 25.120, and PMC 25.125 to allow the retail sale of cannabis as a permitted use in the I - 1; I-2 and I-3 Zoning Districts. or MOTION D: I move to approve Resolution No. 4303, directing the City s taff to draft an ordinance to amend PMC 25.10.020 and PMC 25.90, PMC 25.100, PMC Page 155 of 175 25.115, PMC 25.120, and PMC 25.125 to allow the retail sale of cannabis as a conditional use in the C-2; C-3; I-1; I-2 and I-3 Zoning Districts. or MOTION E: I move to approve Resolution No. 4303, directing the City staff to draft an ordinance to amend PMC 25.10.020 and PMC 25.90 and PMC 25.100 to allow the retail sale of cannabis as a permitted use in the C-2 and C-3 Zoning Districts. or MOTION F: I move to approve Resolution No. 4303, directing the City staff to draft an ordinance to amend PMC 25.10.020 and PMC 25.90 and PMC 25.100 to allow the retail sale of cannabis as a conditional use in the C-2 and C-3 Zoning Districts. or MOTION G: I move to approve Resolution No. 4303, directing the City staff to draft an ordinance to amend PMC 25.10.020 and PMC 25.__, PMC 25.__, PMC 25__, PMC 25.__, PMC 25.__, PMC 25.__ to allow the retail sale of cannabis as a conditional use in the _____________ Zoning Districts. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: In July of 2014, City Council adopted Ordinance No. 4166, which prohibited production, processing and retail sales of marijuana within the City limits. The prohibition also extended to medical marijuana collective dispensaries; although in 2015, State law was enacted that allowed qualifying patients to grow up to sixteen marijuana plants depending on circumstances related to the patient. City Council subsequently adopted Ordinance No. 4304, regarding specific nuisance violations for growing and storage of marijuana and establishing specific penalties for violations. Nuisance complaints indicate that both indoor and outdoor growing operations are occurring and presenting a variety of adverse impacts including odor, construction of illegal fences and theft. As retail sales of of cannabis (marijuana) has to a degree been a lingering question in the community, the City Council in 2021 directed that the question of Page 156 of 175 whether or not to allow retail sales of cannabis in the City be added to the National Community Survey which City conducts on a biennial basis. The results of the 2021 National Citizen Survey indicated an evenly divided public on this issue. At the Council workshop of October 11, 2022, a consensus of Council decided to move forward with a regulatory process aimed at repealing aspects of the current prohibition for retail cannabis sales. Further discussion occurred at the January 9, 2023 Council Workshop meeting. Staff now presents proposed Resolutions for identifying which code provisions the Council would like Staff to draft to facilitate retails sales of cannabis. V. DISCUSSION: A number of issues were discussed at last week's Workshop meeting - including the need for the Hearing Examiner to process applications for retail cannabis through the special permit process; restricting retail sales to the C -2; C-3 and Industrial Zones; further restricting retail sales to those same zones north of Interstate 182; reducing the state buffering distance mandates from parks in certain circumstances and limiting the total number of retail locations in Pasco to two (2). It should be noted that current data indicate that there are three approved retail cannabis licenses in Pasco with 1 at large license available for Franklin County. Several iterations of these discussion points have been included in the menu of Resolutions on this issue. Page 157 of 175 Resolution – Cannabis/ C-2, C-3, I-1, I-2, and I-3 Zoning District(s) RESOLUTION NO. 4303 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON DIRECTING THE CITY STAFF TO DRAFT AN ORDINANCE TO AMEND PMC 25.10.020 AND PMC 25.90, PMC 25.100, PMC 25.115, PMC 25.120, AND PMC 25.125 TO ALLOW THE RETAIL SALE OF CANNABIS IN THE C-2, C3, I-1, I-2, AND I-3 ZONE(S). WHEREAS, after an extensive public outreach process and discussion at multiple meetings, the City Council has asked the City Staff to prepare an ordinance for consideration that would allow the City of Pasco to lift the ban on retail sales of cannabis and allow retail sales in certain zones; and WHEREAS, State Initiative 502 (“I-502”), approved by voters of Washington State in November of 2012, provides a framework for licensing and regulating the retai l sale and use of cannabis purchased from state licensed businesses; and WHEREAS, under State Initiative 502 (“I-502”), the Washington State Liquor Cannabis Board is tasked with the responsibility to adopt regulations governing the licensing and operation of cannabis producers, processors, and retailers, the Board has set these regulations; and WHEREAS, the City intends to develop appropriate zoning and land use regulations to accommodate the retail sale of cannabis that do not conflict with Washington State Law; and WHEREAS, the City has considered and evaluated amendments to City regulations regarding the retail uses of cannabis and cannabis retail facilities and wishes to direct staff to return with an ordinance only allowing the sale of cannabis in C-2, C-3, I-1, I-2, and I-3 zone(s). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: That the City Council hereby requests that the City Staff draft an ordinance for consideration amending Pasco Municipal Code 25.10.020, and further, amend PMC 25.90, PMC 25.100, PMC 25.115, PMC 25.120, AND PMC 25.125 for the sale of cannabis to be placed within the C-2, C-3, I-1, I-2, and I-3 zoning district(s). Be It Further Resolved that this Resolution shall take effect immediately. OPTION A RESOLUTION Page 158 of 175 Resolution – Cannabis/ C-2, C-3, I-1, I-2, and I-3 Zoning District(s) PASSED by the City Council of the City of Pasco, Washington this 17th day of January, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 159 of 175 Resolution – Cannabis/CUP I-1, I-2 and I-3 Zoning District(s) RESOLUTION NO. 4303 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON DIRECTING THE CITY STAFF TO DRAFT AN ORDINANCE TO AMEND PMC 25.10.020 AND PMC 25.115, PMC 25.120, AND PMC 25.125 TO ALLOW THE RETAIL SALE OF CANNABIS BY PROCESS OF A CONDITIONAL USE PERMIT IN THE I-1, I-2 AND I-3 ZONE(S). WHEREAS, after an extensive public outreach process and discussion at multiple meetings, the City Council has asked the City Staff to prepare an ordinance for consideration that would allow the City of Pasco to lift the ban on retail sales of cannabis and allow retail sales in certain zones; and WHEREAS, State Initiative 502 (“I-502”), approved by voters of Washington State in November of 2012, provides a framework for licensing and regulating the retail sale and use of cannabis purchased from state licensed businesses; and WHEREAS, under State Initiative 502 (“I-502”), the Washington State Liquor Cannabis Board is tasked with the responsibility to adopt regulations governing the licensing and operation of cannabis producers, processors, and retailers, the Board has set these regulations; and WHEREAS, the City intends to develop appropriate zoning and land use regulations to accommodate the retail sale of cannabis that do not conflict with Washington State Law; and WHEREAS, the City has considered and evaluated amendments to City regulations regarding the retail uses of cannabis and cannabis retail facilities and wishes to direct staff to return with an ordinance only allowing the sale of cannabis by process of a conditional use permit in I-1, I-2 and I-3 zone(s). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: That the City Council hereby requests that the City Staff draft an ordinance for consideration amending Pasco Municipal Code 25.10.020, and further, amend PMC 25.115, PMC 25.120 and PMC 25.125 for the sale of cannabis by process of a conditional use permit to be placed within the I-1, I-2 and I-3 zoning district(s). Be It Further Resolved that this Resolution shall take effect immediately. OPTION B RESOLUTION Page 160 of 175 Resolution – Cannabis/CUP I-1, I-2 and I-3 Zoning District(s) PASSED by the City Council of the City of Pasco, Washington this 17th day of January, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 161 of 175 Resolution – Cannabis/I-1, I-2 and I-3 Zoning District(s) RESOLUTION NO. 4303 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON DIRECTING THE CITY STAFF TO DRAFT AN ORDINANCE TO AMEND PMC 25.10.020 AND PMC 25.115, PMC 25.120, AND PMC 25.125 TO ALLOW THE RETAIL SALE OF CANNABIS IN THE I-1, I-2 AND I-3 ZONE(S). WHEREAS, after an extensive public outreach process and discussion at multiple meetings, the City Council has asked the City Staff to prepare an ordinance for consideration that would allow the City of Pasco to lift the ban on retail sales of cannabis and allow retail sales in certain zones; and WHEREAS, State Initiative 502 (“I-502”), approved by voters of Washington State in November of 2012, provides a framework for licensing and regulating the retail sale and use of cannabis purchased from state licensed businesses; and WHEREAS, under State Initiative 502 (“I-502”), the Washington State Liquor Cannabis Board is tasked with the responsibility to adopt regulations governing the licensing and operation of cannabis producers, processors, and retailers, the Board has set these regulations; and WHEREAS, the City intends to develop appropriate zoning and land use regulations to accommodate the retail sale of cannabis that do not conflict with Washington State Law; and WHEREAS, the City has considered and evaluated amendments to City regulations regarding the retail uses of cannabis and cannabis retail facilities and wishes to direct staff to return with an ordinance only allowing the sale of cannabis in I-1, I-2 and I-3 zone(s). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: That the City Council hereby requests that the City Staff draft an ordinance for consideration amending Pasco Municipal Code 25.10.020, and further, amend PMC 25.115, PMC 25.120 and PMC25.125 for the sale of cannabis to be placed within the I-1, I-2 and I-3 zoning district(s). Be It Further Resolved that this Resolution shall take effect immediately. OPTION C RESOLUTION Page 162 of 175 Resolution – Cannabis/I-1, I-2 and I-3 Zoning District(s) PASSED by the City Council of the City of Pasco, Washington this 17th day of January, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 163 of 175 Resolution – Cannabis/CUP C-2, C-3, I-1, I-2, and I-3 Zoning District(s) RESOLUTION NO. 4303 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON DIRECTING THE CITY STAFF TO DRAFT AN ORDINANCE TO AMEND PMC 25.10.020 AND PMC 25.90, PMC 25.100, PMC 25.115, PMC 25.120, AND PMC 25.125 TO ALLOW THE RETAIL SALE OF CANNABIS BY PROCESS OF A CONDITIONAL USE PERMIT IN THE C-2, C-3, I-1, I-2, AND I-3 ZONE(S). WHEREAS, after an extensive public outreach process and discussion at multiple meetings, the City Council has asked the City Staff to prepare an ordinance for consideration that would allow the City of Pasco to lift the ban on retail sales of cannabis and allow retail sales in certain zones; and WHEREAS, State Initiative 502 (“I-502”), approved by voters of Washington State in November of 2012, provides a framework for licensing and regulating the retail sale and use of cannabis purchased from state licensed businesses; and WHEREAS, under State Initiative 502 (“I-502”), the Washington State Liquor Cannabis Board is tasked with the responsibility to adopt regulations governing the licensing and operation of cannabis producers, processors, and retailers, the Board has set these regulations; and WHEREAS, the City intends to develop appropriate zoning and land use regulations to accommodate the retail sale of cannabis that do not conflict with Washington State Law; and WHEREAS, the City has considered and evaluated amendments to City regulations regarding the retail uses of cannabis and cannabis retail facilities and wishes to direct staff to return with an ordinance only allowing the sale of cannabis by process of a conditional use permit in C- 2, C-3, I-1, I-2, and I-3 zone(s). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: That the City Council hereby requests that the City Staff draft an ordinance for consideration amending Pasco Municipal Code 25.10.020, and further, amend PMC 25.90, PMC 25.100, PMC 25.115, PMC 25.120, AND PMC 25.125 for the sale of cannabis by process of a conditional use permit to be placed within the C-2, C-3, I-1, I-2, and I-3 zoning district(s). Be It Further Resolved that this Resolution shall take effect immediately. OPTION D RESOLUTION Page 164 of 175 Resolution – Cannabis/CUP C-2, C-3, I-1, I-2, and I-3 Zoning District(s) PASSED by the City Council of the City of Pasco, Washington this 17th day of January, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 165 of 175 Resolution – Cannabis/C-2 and C-3 Zoning District(s) RESOLUTION NO. 4303 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON DIRECTING THE CITY STAFF TO DRAFT AN ORDINANCE TO AMEND PMC 25.10.020 AND PMC 25.90 AND PMC 25.100 TO ALLOW THE RETAIL SALE OF CANNABIS IN THE C-2, AND C-3 ZONE(S). WHEREAS, after an extensive public outreach process and discussion at multiple meetings, the City Council has asked the City Staff to prepare an ordinance for consideration that would allow the City of Pasco to lift the ban on retail sales of cannabis and allow retail sales in certain zones; and WHEREAS, State Initiative 502 (“I-502”), approved by voters of Washington State in November of 2012, provides a framework for licensing and regulating the retail sale and use of cannabis purchased from state licensed businesses; and WHEREAS, under State Initiative 502 (“I-502”), the Washington State Liquor Cannabis Board is tasked with the responsibility to adopt regulations governing the licensing and operation of cannabis producers, processors, and retailers, the Board has set these regulations; and WHEREAS, the City intends to develop appropriate zoning and land use regulations to accommodate the retail sale of cannabis that do not conflict with Washington State Law; and WHEREAS, the City has considered and evaluated amendments to City regulations regarding the retail uses of cannabis and cannabis retail facilities and wishes to direct staff to return with an ordinance only allowing the sale of cannabis in C-2 and C-3 zone(s). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: That the City Council hereby requests that the City Staff draft an ordinance for consideration amending Pasco Municipal Code 25.10.020, and further, amend PMC 25.90 and PMC 25.100 for the sale of cannabis to be placed within the C-2 and C-3 zoning district(s). Be It Further Resolved that this Resolution shall take effect immediately. OPTION E RESOLUTION Page 166 of 175 Resolution – Cannabis/C-2 and C-3 Zoning District(s) PASSED by the City Council of the City of Pasco, Washington this 17th day of January, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 167 of 175 Resolution – Cannabis/CUP C-2 and C-3 Zoning District(s) RESOLUTION NO. 4303 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON DIRECTING THE CITY STAFF TO DRAFT AN ORDINANCE TO AMEND PMC 25.10.020 AND PMC 25.90 AND PMC 25.100 TO ALLOW THE RETAIL SALE OF CANNABIS BY PROCESS OF A CONDITIONAL USE PERMIT IN THE C-2, AND C-3 ZONE(S). WHEREAS, after an extensive public outreach process and discussion at multiple meetings, the City Council has asked the City Staff to prepare an ordinance for consideration that would allow the City of Pasco to lift the ban on retail sales of cannabis and allow retail sales in certain zones; and WHEREAS, State Initiative 502 (“I-502”), approved by voters of Washington State in November of 2012, provides a framework for licensing and regulating the retail sale and use of cannabis purchased from state licensed businesses; and WHEREAS, under State Initiative 502 (“I-502”), the Washington State Liquor Cannabis Board is tasked with the responsibility to adopt regulations governing the licensing and operation of cannabis producers, processors, and retailers, the Board has set these regulations; and WHEREAS, the City intends to develop appropriate zoning and land use regulations to accommodate the retail sale of cannabis that do not conflict with Washington State Law; and WHEREAS, the City has considered and evaluated amendments to City regulations regarding the retail uses of cannabis and cannabis retail facilities and wishes to direct staff to return with an ordinance only allowing the sale of cannabis by process of a conditional use permit in C- 2 and C-3 zone(s). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: That the City Council hereby requests that the City Staff draft an ordinance for consideration amending Pasco Municipal Code 25.10.020, and further, amend PMC 25.90 and PMC 25.100 for the sale of cannabis by process of a conditional use permit to be placed within the C-2 and C-3 zoning district(s). Be It Further Resolved that this Resolution shall take effect immediately. OPTION F RESOLUTION Page 168 of 175 Resolution – Cannabis/CUP C-2 and C-3 Zoning District(s) PASSED by the City Council of the City of Pasco, Washington this 17th day of January, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 169 of 175 Resolution – Cannabis/_________ Zoning District(s) RESOLUTION NO. 4303 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON DIRECTING THE CITY STAFF TO DRAFT AN ORDINANCE TO AMEND PMC 25.10.020 AND PMC 25.__, PMC 25.__ PMC 25.__ PMC 25.__ PMC 25.__ PMC 25.__ TO ALLOW THE RETAIL SALE OF CANNABIS BY PROCESS OF A CONDITIONAL USE PROCESS IN THE ___________ ZONE(S). WHEREAS, after an extensive public outreach process and discussion at multiple meetings, the City Council has asked the City Staff to prepare an ordinance for consideration that would allow the City of Pasco to lift the ban on retail sales of cannabis and allow retail sales in certain zones; and WHEREAS, State Initiative 502 (“I-502”), approved by voters of Washington State in November of 2012, provides a framework for licensing and regulating the retail sale and use of cannabis purchased from state licensed businesses; and WHEREAS, under State Initiative 502 (“I-502”), the Washington State Liquor Cannabis Board is tasked with the responsibility to adopt regulations governing the licensing and operation of cannabis producers, processors, and retailers, the Board has set these regulations; and WHEREAS, the City intends to develop appropriate zoning and land use regulations to accommodate the retail sale of cannabis that do not conflict with Washington State Law; and WHEREAS, the City has considered and evaluated amendments to City regulations regarding the retail uses of cannabis and cannabis retail facilities and wishes to direct staff to return with an ordinance only allowing the sale of cannabis in certain zone(s). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: That the City Council hereby requests that the City Staff draft an ordinance for consideration amending Pasco Municipal Code 25.10.020, and further, amend PMC 25.___, PMC 25.___, PMC 25.___, PMC 25.___, PMC 25.___, for the sale of cannabis by process of a conditional use permit to be placed within the ________________ zoning district(s), and Be It Further Resolved that this Resolution shall take effect immediately. OPTION G RESOLUTION Page 170 of 175 Resolution – Cannabis/_________ Zoning District(s) PASSED by the City Council of the City of Pasco, Washington this 17th day of January, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 171 of 175 CITY LIMITSCITY L I M I T S CITY LIMITSFANNINGRDUS 395 SDENT RDROAD 100US 395 NUS 12 EI-182 WROAD 68ROAD 68 N KOHLER RDE A STN 4TH A V E US 12 EBURNS RDUS 395 N IRISLN SOREGONAVEUS 12 WCLARK RDSHORELI N E RD HARRISRDI-182 ENCAP ITO LAVE EASY STR IC H V I EWDR N RAILROAD A V E GLADE NORTH R D TAYLORFLATSRDUS 395 NPASCO KAHLOTUS RDI-182 WE FOSTER WELLS RDI-182 EMarijuana Restricted ZonesAs of August 2022••City Limits 2022SchoolsParksParks 1,000-Foot BufferSchools 1,000-Foot BufferPage 172 of 175 EFOSFER-WEl:|:SRDNzwmmwmaAsofSeptember2022896¢GI.-ARKIRID3H0Z4.4.HmdHI&1a.1C«I.COC2..C&7..CBURNS-RDFl—:72—xv:amymm20229.¢m._:ov_ZoningselectionPage 173 of 175 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. Page 174 of 175 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. Page 175 of 175